Terms of Service
USE OF THIS WEBSITE
THIRD PARTY CONTENT AND THIRDS PARTY APPS
Our website and our internal processes may contain links or connections (including advertisements) to third-party web sites ("Third-Party Sites") and third-party content, including without limitation, offsite or online servers, code and applications ("Third-Party Content") as a service to those interested in this information or to facilitate your use of our website or our use of your information in processing orders. As such, the user may enter domains that are beyond the boundaries of La Bomba Floristry. La Bomba Floristry has no control over the content, accuracy, completeness or relevance of the information on these Third-Party Sites, Third-Party Content or applications and provides links or other means of accessing these sites and/or applications solely for the information and convenience of visitors to our website. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. La Bomba Floristry does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. La Bomba Floristry provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply La Bomba Floristry’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
La Bomba Floristry is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Sites or Third-Party Content. Some of the third party services we currently use are Google AdWords, Google AdSense, Google Analytics, Mail Chimp, Instagram, Shopify, Zapiet Delivery Rates by Zip Code App, Zapiet Store Pickup + Delivery App, Quickbooks, Hubdoc and Bold Commerce. This list is subject to change without notice and you are deemed to agree that we may use or link to any Third-Party Site or Third-Party Content without providing prior notice.
OWNERSHIP AND COPYRIGHT
Except as otherwise indicated, this website, and all text, images, marks, logos and other content contained herein, including, without limitation, the La Bomba Floristry logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of La Bomba Floristry or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF LA BOMBA FLORISTRY INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
-- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
-- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
-- Content that would violate or infringe upon the rights of others;
-- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
-- Content that is false and misleading;
-- Unsolicited promotions, political campaigning, advertising or solicitations;
-- Viruses, corrupted data or other harmful, disruptive or destructive files;
-- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
-- Content that, in the sole judgment of La Bomba Floristry, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the website, or which may expose La Bomba Floristry or its affiliates or its users to any harm or liability of any type.
By posting or distributing Content to or through the website, unless we indicate otherwise, you (a) grant La Bomba Floristry and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant La Bomba Floristry and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the website; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You further grant La Bomba Floristry the right to pursue at law any person or entity that violates your or La Bomba Floristry rights in the Content by a breach of this Agreement.
TERMS OF SALE
When you place an order to buy something on this website you are making an irrevocable offer to purchase the item(s) that you have selected on the terms found on the ordering page in addition to the Sale Terms and Conditions. To make a purchase you must first register and create a user account.
NO WARRANTY; LIMITATION OF LIABILITY AND INDEMNIFICATION
This website and the content are being provided to you on an ‘as-is’ basis. We are not warranting that the website shall be fully operational at any time or error-free, or free from computer viruses or malicious programming. All warranties are hereby disclaimed.
In no event will La Bomba Floristry or its affiliates be liable for any direct, special, indirect, incidental, consequential (including among other things, loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of access to, or use of this web site, or delay or inability to use this web site, or any information contained in this web site. Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the website and to block or prevent future access to and use of the website if you violate this Agreement, for any reason, or for no reason. Upon any termination, your right to use the website will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the website. Upon termination, all provisions of this Agreement that are intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
The term ‘you’ or ‘your’ or similar words denote the user accessing the website and may be referred to as “User” interchangeably throughout. The term ‘our’ or ‘we’ or similar words refer to La Bomba Floristry Inc.