Terms and Conditions
Terms & Conditions of Use
This website (“Website”) is operated by ReVased, LLC, a Maryland limited liability company (“ReVased”) and these terms and conditions apply to all websites owned, operated, controlled and otherwise made available by ReVased or any of its affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites).
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, SUBSCRIBING TO REVASED SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE REVASED SERVICES AND PRODUCTS, AND THE RELATED REVASED SOFTWARE, DATA, CONTENT AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “REVASED TECHNOLOGY”).
REVASED IS WILLING TO PROVIDE YOU WITH ACCESS TO THIS REVASED TECHNOLOGY THROUGH THIS WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, AND ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM REVASED OR ITS AFFILIATES IN CONNECTION WITH THE REVASED TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY additional terms and conditions that can be viewed either on the pages containing ANY services or offerings, or via a link on those pages or other directions to the additional terms and conditions (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE REVASED TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE REVASED TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM REVASED.
By accessing, subscribing, downloading and/or otherwise using the ReVased Technology, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of ReVased that may be published within the ReVased Technology or this Website.
Payments and Refunds
Full payment is required at the time of booking unless otherwise specified by ReVased. Payment must be made by credit card. Your credit card information will be processed by a secure third party and ReVased will neither share nor have direct access to your credit card information.
At the time of payment, you agree to provide ReVased with all necessary information for flower pick-up, including but not limited to (1) the exact location of the event (including the address and room number if applicable); (2) the exact end time of the event; (3) the contact person, and contact information for that person, at the time of pick-up; (4) the number of bouquets to be donated (if not all bouquets are being donated, ReVased requires exact information about which bouquets are being donated); (5) whether the vases are being donated, or if you would like ReVased to “re-vase” and place your flowers in new vases; and (6) whether you are interested in receiving a charitable donation acknowledgement receipt for your donation.
Once payment is made, payment shall be considered non-refundable. Refunds may be given at the sole discretion of ReVased.
If customers create an account through the ReVased website, customers may deactivate their accounts for whatever reason they choose. ReVased may remove customers and prohibit future use on the site for any actions or omissions that ReVased considers to be bad behavior. ReVased may terminate an order for any actions or omissions that ReVased considers to be bad behavior.
Discounts, Promotions, and Referrals
ReVased may, in its sole discretion, create discounts and promotional codes or other features or benefits, subject to any additional terms that ReVased establishes on a per promotional code basis (hereinafter referred to as “Promo Codes”). Unless otherwise expressly stated on the applicable Promo Code, Promo Codes may only be used once per person. Only Promo Codes created by ReVased are valid.
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by ReVased; (iii) may be disabled by ReVased at any time for any reason without liability to ReVased; (iv) may only be used pursuant to the specific terms that ReVased establishes for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use. Unless otherwise stated, all Promo Codes expire 120 days after issuance.
ReVased may, in its sole discretion, create a referral program that may give you discounts for referring new customers.
You may be eligible to receive a charitable contribution tax deduction as a result of your flower donation. ReVased only works with nonprofit organizations that have obtained recognition of exemption from federal income taxation under §501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time (the “Code”), and have agreed to provide receipts for the donation of your flowers, in a form that conforms to applicable provisions of the Code. Following an event, ReVased will provide all customers who have requested such documentation tax acknowledgement forms and photographs of the customer’s donated flowers. It is your responsibility as the customer to determine the fair market value of the flowers with your own accountant and determine if a tax deduction is allowed.
ReVased will provide you with a receipt from the charity and photographs of your flowers, however, ReVased makes no guarantee that your flower donation will qualify for a tax deduction. ReVased encourages its customers to take this documentation, along with your flower receipts, to an accountant to determine the fair market value of the flowers and the deductible amount, if any. For donations valued at $5000 or greater, you will need to seek a qualified appraisal to determine the deductible amount, if any.
ReVased does not provide legal, accounting, or tax advice. Materials provided by ReVased are for informational purposes only and are not intended to provide, and should not be relied on as, legal, accounting, or tax advice. You should consult your own legal, accounting, and tax advisors before engaging in any transaction.
The ReVased Technology (including, this Website) is owned and operated by ReVased and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2019 ReVased, LLC. All rights reserved. The compilation and arrangement of all content, data and other information found within the ReVased Technology is also the sole and exclusive property of ReVased and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the ReVased Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to ReVased and its licensors and are fully protected under U.S. and international intellectual property laws.
Use of the ReVased Technology
Subject to the terms and conditions set forth herein and any third party restrictions, ReVased grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the ReVased Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the ReVased Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the ReVased Technology; provided you retain all ReVased copyright and proprietary notices contained in the original materials or any copies thereof.
All rights not expressly stated herein are reserved by ReVased and ReVased disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the ReVased Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the ReVased Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the ReVased Technology, or any part thereof, including, but not limited to, using any part of the ReVased Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the ReVased Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of ReVased, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use ReVased Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using ReVased Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the ReVased Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the ReVased Technology or servers or networks connected to the ReVased Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the ReVased Technology (including, but not limited, to this Website); and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users.
You agree not to access the ReVased Technology by any means other than through the interface that is provided to you by ReVased for use in accessing the ReVased Technology.
By posting of information or other materials on this Website or within the ReVased Technology or by making such information available for downloading by you, ReVased does not waive any proprietary right in and to the ReVased Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the ReVased Technology except for the limited license expressly granted herein.
By making a Submission, you waive the right to make any claim against ReVased or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.
You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for ReVased. You also agree to maintain and promptly update your Submissions by means of the ReVased Technology in order to keep that information true, accurate, current and complete.
ReVased does not and cannot review all Submissions posted to or created by users accessing the ReVased Technology (including, but not limited to, this Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the ReVased Technology (including, but not limited to, this Website), ReVased is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though ReVased may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation. Notwithstanding the foregoing, ReVased reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to ReVased as determined in its sole discretion.
Electronic Delivery Policy and Your Consent
By using the ReVased Technology, you consent to electronically receive from ReVased all communications including notices, agreements, legally required disclosures or other information in connection with the ReVased Technology (collectively, “Notices”). ReVased shall provide such electronic Notices by posting them on this Website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Website and the ReVased Technology by e-mailing firstname.lastname@example.org.
Any and all trademarks displayed within the ReVased Technology are owned by ReVased, its licensors or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of ReVased. “Confidential Information” means any Submissions, trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to ReVased or its licensors, including, but not limited to, all parts of the ReVased Technology and any other materials or information related to the business or activities of ReVased that are not generally known to others engaged in similar businesses or activities.
You access and use the ReVased Technology at your sole risk. The ReVased Technology is provided to you on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, ReVased disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.
Without limiting the foregoing, ReVased does not represent or warrant that (a) the ReVased Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the ReVased Technology will be corrected, (c) the ReVased Technology or the servers that operate the ReVased Technology are free of viruses or other harmful components, (d) the data, results and information within the ReVased Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the ReVased Technology will meet your needs, requirements or expectations.
ReVased may make changes to the content within the ReVased Technology or to the products or services described in it, at any time without notice to you. Further, ReVased assumes no liability or responsibility for any errors or omissions in the content within the ReVased Technology. The materials in the ReVased Technology may be out of date or inaccurate, and ReVased specifically disclaims any duty to update such content.
Any material downloaded or otherwise obtained by you through the use of the ReVased Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.
You acknowledge and agree that ReVased shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by ReVased. You acknowledge and agree that ReVased shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the ReVased Technology provided by any other user of this Website or any third party licensors or suppliers of ReVased.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the ReVased Technology, and no warranties shall apply after such period.
You acknowledge that data entry and conversion is subject to human and machine errors, omissions, delays, and losses, including inadvertent loss or corruption of data or damage to media, that may give rise to loss or damage. You agree that ReVased will not be liable for any such errors, omissions, delays, or losses. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of data you enter; examining and confirming results prior to use of data; and adopting procedures to identify and correct errors and omissions and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.
Limitation of Liability
ReVased will take all reasonable steps to preserve your flowers, but ReVased is not responsible for the condition of your flowers at the time of pick-up or delivery. ReVased will pick up flowers at the end of your event and deliver them to a local charity. You understand that in the process of transporting flowers, ReVased is not responsible for any loss of value to the flowers, or any damage to equipment, vases, or materials belonging to the florist, the customer, or the venue. ReVased is not responsible if the customer is not able to receive a tax deduction for the donation. By providing flowers to ReVased for donation, you agree that ReVased cannot be held responsible for any damage the flowers may cause or the delivery of the flowers may cause. ReVased is not responsible for acts outside of its control, such as damage to flowers at the time of pick-up, acts of God, or natural disasters. In consideration of the terms of this Agreement, you release and waive ReVased from any and all liability, claims, demands, and, or, actions arising out of or related to any loss, damage, or personal injury, including death, to persons or property that may be sustained as a result of damage to the flowers and, or, damage caused by the flowers delivered by ReVased, whether caused by the negligence of ReVased or any employees, agents, or assigns of ReVased in obtaining, transporting, maintaining, or delivering the flowers, or otherwise.
NEITHER REVASED, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE REVASED TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE REVASED TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE REVASED TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE REVASED TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE REVASED TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE REVASED TECHNOLOGY WHETHER OR NOT REVASED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL REVASED’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO REVASED FOR ACCESS AND USE OF THE REVASED TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH REVASED TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).
Access to ReVased Technology
You shall be responsible for obtaining access to the ReVased Technology and for all equipment necessary to access the ReVased Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the ReVased Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the ReVased Technology and to select a unique username and password in order to be able to access your account and use any of the ReVased Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify ReVased in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized. Please notify us immediately of any unauthorized use of your username and password via email to email@example.com.
The ReVased Technology resides on the public internet. ReVased uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to ReVased and any information stored on servers controlled by ReVased. Notwithstanding these efforts, ReVased cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the ReVased Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the ReVased Technology, overloading, “flooding,” “mailbombing” or “crashing” the ReVased Technology. Violations of system or network security may result in civil or criminal liability. ReVased reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
You agree to indemnify, defend, and hold harmless ReVased, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, that may result from (a) your violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the ReVased Technology; (d) any use of your Submission by ReVased or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity; (e) any damages or injuries caused by the flowers that are being delivered, (f) the negligence of the customer, its agents, servants and/or employees; or (f) any claim that ReVased’s use of the customers marks or images infringe on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.
The blog entries, quotations and other editorial content on this ReVased Website are provided “as is” with no warranties and confers no rights. The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of ReVased, its parent company and/or their indirect and direct parent companies and affiliates.
Harassment in any manner or form on this ReVased Website or through the use of the ReVased Technology, including via email, ReVased social media accounts such as Facebook, Twitter, and Instgram, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ReVased employee or representative, as well as other members or visitors on this ReVased Website or through use of the ReVased Technology is prohibited. You may not upload to, distribute, send or otherwise publish through this ReVased Website or within the ReVased Technology any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party's intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates ReVased’s then current policies). You may not upload commercial content on this ReVased Website or within the ReVased Technology or use the same to solicit others to join or become members of any other commercial online service or other organization.
You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the ReVased Technology; (b) use Internet Relay Chat (IRC) bots via this ReVased Website (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the ReVased Technology or the normal flow on this ReVased Website of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) run any program on this ReVased Website or through the ReVased Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the ReVased Technology or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the ReVased Technology in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the ReVased Technology to access the accounts of others without permission; (j) attempt to penetrate security measures of ReVased or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).
You agree that ReVased, at its sole discretion, may terminate or suspend your access to and use of the ReVased Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if ReVased believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. ReVased reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the ReVased Technology (or any part thereof) without notice. You agree that ReVased shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the ReVased Technology. Your obligations under this Agreement shall continue even after ReVased has terminated and/or cancelled this Agreement or your access to the ReVased Technology.
The price for a product or service on the ReVased Website may differ from the price shown in your shopping cart at the time of your purchase at the ReVased Website -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the ReVased Website or a ReVased employee may send you an incorrect quote. If the price for the item on the ReVased Website is incorrect or a ReVased employee sent you an incorrect quote then, at the sole discretion of ReVased, ReVased may either (a) refuse or cancel your order whether or not the order has been confirmed and your credit card has been charged; (b) contact you for instructions before charging you for such product or service; (c) cancel the order for such service and notify you of such cancellation; or (d) sell the product or service at the incorrect price to your benefit. If your credit card has already been charged for the purchase and your order is cancelled or refused, ReVased shall issue a credit to your credit card account in the amount of the incorrect price that was charged.
Applicability of Content
This Website is operated in the State of Maryland, United States of America, and ReVased makes no representation that the content provided through the ReVased Technology are applicable or appropriate for use in jurisdictions other than the United State of America. If you access our ReVased Technology (including, but not limited to, this Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the ReVased Technology, you may not view or use the ReVased Technology.
Product & Service Availability
The ReVased Technology (including, but not limited to, this ReVased Website) refers to products and services available for purchase at this Website by buyers with a shipping address located within the United States of America. Subject to the terms and conditions of this Agreement, ReVased will sell products, and provide services, to you if the product or service is currently available and/or the product is in ReVased’s inventory or the service is a service made commercially available by ReVased. ReVased cannot guarantee the availability of a product or service at all times.
Sales Tax Policy
Sales tax may be added to your order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for no or any reason whatsoever. You will not be charged if we reject an order, but we will process a refund if a charge has been made against you in error.
Validating Your Order
After you place an order through the ReVased Website, we will check the information you gave us for validity. We may require additional verifications or information before accepting any order.
We reserve the right to reject any order you place with us, and/or to limit quantities on any order, for any or no reason whatsoever. If we reject your order, we will generally attempt to notify you by using the contact information you gave to us with your order.
ReVased may, from time to time, allow for advertisements on its site. ReVased may also work with affiliate partners, whose names, logos, and other information may appear on the website.
By using this service, you agree that photographs and videos taken of your flowers by ReVased at pick-up and delivery are the property of both you and ReVased, and may be used for social media, website, marketing, or other purposes. ReVased will not use your name or share any personal information about you without your prior written permission.
This Agreement shall be governed and construed in all respects by the laws of the State of Maryland, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ReVased Technology, and purchases of products and/or services through the ReVased Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of Maryland or the United States District Court for the District of Maryland for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
ReVased Intellectual Property Notice
Pursuant to the Digital Millennium Copyright Act, ReVased has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Website. ReVased respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide ReVased’s Copyright Agent the following information (the “Copyright Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the ReVased Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
ReVased’s Agent for transmitting the Copyright Notice for claims of copyright or other intellectual property infringement can be contacted at: Aviva Vogelstein, firstname.lastname@example.org.
Client shall immediately notify ReVased if Client knows or has reason to believe that ReVased has been or will be required, as a result of activity arising out of or related to this Agreement or the services contemplated hereunder by any court or administrative agency of the United States or any state or by any legal process to respond to any subpoena, search warrant, discovery or other directive under the authority of such court, administrative agency, governmental inquiry or process in connection with any proceeding or investigation in which Client or any of its affiliates, officers, directors, agents, employees, or subcontractors is involved. Whether or not such notice is given by Client, Client shall directly assist ReVased in ReVased’s attempt to reduce the burdens of compliance with any such directives, and Client shall reimburse any and all reasonable expenses incurred by ReVased and its affiliates in complying with any such directive, including, but not limited to, attorneys’ fees and ReVased’s outside counsel attorneys’ fees for representation and advice, travel and lodging expenses and an hourly labor rate of $150 per hour for all time spent by ReVased in responding to such matters.
Order of Preference
This Agreement governs your use and access to the ReVased Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with ReVased. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Website or within the ReVased Technology, conflicts with any provision of your other agreements with ReVased, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.
Links to Other Web Sites
Revisions and Consents
ReVased reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. ReVased also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the ReVased Technology (including, but not limited to, on this Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Website. By continuing to enter this Website and/or using the ReVased Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
ReVased (including, but not limited to, this ReVased Website) may make forward-looking statements concerning ReVased’s future performance. Such statements are subject to risks and uncertainties that may cause ReVased’s actual performance to differ materially from that set forth in such forward-looking statements. Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements. Such statements speak only as of the date on which they are made. ReVased undertakes no obligation to update publicly or revise any such statements. Factors that could cause ReVased’s actual financial and other results to differ materially from those projected by ReVased in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory.
This Agreement constitutes the entire agreement between you and ReVased with respect to the subject matter addressed herein, and governs your access to and use of the ReVased Technology, superseding any prior agreements between you and ReVased relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with ReVased pursuant to your enrollment and/or participation in other features of the ReVased Technology.
Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Baltimore or Baltimore County, Maryland, in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
ReVased’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. ReVased may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of ReVased. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Print this Agreement
For record keeping purposes, ReVased encourages you to print this Agreement and the ancillary documents described herein.
You agree that this Agreement, combined with your act of using the Website and/or the services offered on or through the Website have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.
Last Updated: September 12, 2019