Terms of Using the Site
2. REVISION TO TERMS AND CONDITIONS. The owner of this website (the “Website”), BlueFlower, LLC, a Maryland limited liability company (“BlueFlower”), reserves the right to make changes to the terms and conditions at any time, provided, however, that no change shall affect the terms and conditions that were reported on this Website at the time a user uses this Website. Your use of this Website after such changes are posted, will mean that you accept such changes. Upon the termination of these terms and conditions by BlueFlower, the rights and obligations that by their very nature should survive termination shall survive.
4. COPYRIGHT AND TRADEMARK NOTICE.
A. Use of Materials. This Website is owned and operated by BlueFlower. Unless otherwise specified, all content on this Website regardless of if posted by yourself or others, including text, site design, logos, proprietary marks, graphic files, audio clips, video clips, icons, and images, as well as the selection, assembly and arrangement thereof (“Content”), is the sole property of BlueFlower or any applicable content provider who has granted BlueFlower the right and license to use such Content, and is protected by U.S. and international copyright laws.
The term “Content” also includes any communication or material you post or transmit to this Website or through this Website to another user or otherwise. Said Content is, and will be treated as, non-confidential and non-proprietary in addition to be being owned as provided for above. You assume full responsibility for anything you post or transmit, and you understand that BlueFlower may delete, edit, copy, publish and distribute any information or content you post or transmit for any purpose. By providing BlueFlower with any such communications or materials you are hereby giving BlueFlower the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unlimited right to reproduce, modify, publish, translate and distribute such material in any way deemed appropriate by the management of BlueFlower.
The Content provided in this Website may be downloaded or reprinted for PERSONAL AND NON-COMMERCIAL USE ONLY, including for the purpose of placing an order with BlueFlower. Permission to reprint or electronically reproduce any Content, in whole or in part, for any other reason is expressly prohibited, unless prior written consent is obtained from BlueFlower. Any unauthorized use of the Content appearing on this Website, including but not limited to, the publication, reproduction, display, creation of derivative works or performance of the Content, may violate copyright, trademark or other applicable laws and could result in civil or criminal penalties.
B. Trademark/Service Mark. All trademarks, service marks and trade names (collectively the “Marks”), including but not limited to BlueFlower™ are proprietary to BlueFlower or other respective owners that have granted BlueFlower the right and license to use such Marks. The Marks may not be used in connection with any product or service that is not our product or service, in any manner that is likely to cause confusion among our customers or users of this Website, or in any other manner in violation of the trademark and service mark laws, without the express written consent of BlueFlower.
C. Other Restrictions. You agree that you will not and will not allow others to decompile, disassemble, reverse engineer copy, use, merge, disclose, sell or transfer the underlying source code or structure or sequence of BlueFlower’s technology. You shall use the Website solely for your own use and shall not allow others to use the Website under or through your account.
Nothing on the Website or elsewhere should be construed to grant any license or right to use, implied or otherwise, any mark displayed on the Website without the written permission of BlueFlower or the third party owner of the mark. BlueFlower reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others.
5. WARRANTIES/DISCLAIMERS. BLUEFLOWER AND ITS AGENTS, OFFICERS, MANAGERS, AFFILIATES, AND EMPLOYEES MAKE NO WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THIS WEBSITE. THE INFORMATION PROVIDED BY BLUEFLOWER IS PROVIDED “AS IS” AND BLUEFLOWER EXPRESSLY DISCLAIMS MAKING ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE FITNESS OF THE INFORMATION FOR ANY PARTICULAR USAGE OR PURPOSE, THE MERCHANTABILITY OF THE INFORMATION, ITS FITNESS, APPLICATION OR PURPOSE, ITS INFORMATIONAL CONTENT, OR ITS QUIET ENJOYMENT OR NON‑INFRINGEMENT.
6. SPECIFIC DISCLAIMER FOR AROMATHERAPY & ESSENTIAL OILS. ALL THE INFORMATION, WEBSITE CONTENT AND PRODUCT DESCRIPTIONS/PACKAGING CONTAINED WITHIN THIS WEBSITE ARE FOR REFERENCE PURPOSES ONLY AND ARE NOT INTENDED TO SUBSTITUTE FOR ADVICE FROM A LICENSED HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE ANY OF SUCH INFORMATION, WEBSITE CONTENT AND PRODUCT DESCRIPTIONS/PACKAGING FOR THE PURPOSE OF SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. SAID INFORMATION, WEBSITE CONTENT AND PRODUCT DESCRIPTIONS/PACKAGING HAVE NOT BEEN EVALUATED BY THE FDA AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY HEALTH CONDITION OR DISEASE. IF YOU ARE EXPERIENCING MEDICAL ISSUES, YOU SHOULD CONTACT YOUR MEDICAL HEALTH CARE PROVIDER.
7. PROHIBITED USES. You may not use this Website in violation of any applicable law or these terms. If you violate these terms you risk having any user account assigned to you, or other access, revoked. Without limiting the foregoing, you may not use this Website for the purpose of (1) infringing upon the intellectual property rights of any party (including BlueFlower), (2) defaming or slandering any person, (3) engaging in fraud, (4) sending unsolicited commercial electronic mail, (5) violating or attempting to violate the security or integrity of this Website or any of its users, (6) violating any law, (7) misusing the proprietary information or property of others for his or her own purposes or otherwise or (8) posting or transmitting any unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material of any kind, including but not limited to, any material which is injurious to the safety, business or reputation of others, encourages conduct that would constitute a civil or criminal offense, violates the rights of others or otherwise violates any applicable local, state, national, foreign or international law. You also may not misrepresent your identity while using this Website.
You are responsible for, and shall indemnify and hold harmless BlueFlower and its subsidiaries, divisions, affiliates, agents and representatives against any claim arising from any material that you post or transmit to or through this Website. Although BlueFlower and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions and message boards on the Website, neither BlueFlower nor its affiliates are under any obligation to do so. You acknowledge that BlueFlower and its affiliates do not control the information available on any message boards and chat rooms and that any opinions, advice, statements, services, offers, or other information or content presented or disseminated on any message board, or in any chat room are those of their respective authors who are solely liable for their content. BlueFlower and its affiliates reserve the right, in their sole discretion and without any liability therefore, to edit, refuse to post, or remove any material submitted to or posted on any chat rooms, mail or message boards.
8. RELIANCE ON WEBSITE AND INDEMNFICIATION. By accessing this Website, you agree that in no event will BlueFlower be liable to you or anyone else for any decisions made or actions taken by you or anyone else based upon or in reliance upon the information provided through this Website. There may be typographical or other errors, including misleading information. In the event of an error or other content related issue, BlueFlower reserves the right to correct such error without notification. You further agree to hold BlueFlower and its agents and representatives harmless against any liability for any loss, claim or damage arising from your use of any information and ideas contained herein or any breach of these terms and conditions, including but not limited to, any direct, indirect, incidental, punitive or consequential damages.
9. LIMITATION ON LIABILITY. BY ACCESSING THIS WEBSITE, YOU AGREE THAT BLUEFLOWER IS NOT AND MAY NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONDEQUENTIAL DAMAGES ARISNG OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF BLUEFLOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. MISCELLANEOUS. This Website is created and controlled by BlueFlower in the State of Maryland and the laws of the State of Maryland will govern these terms and conditions without giving effect to any principles of conflicts of laws. You agree to submit to the exclusive jurisdiction and venue of the state courts in Montgomery County, Maryland (or at the option of BlueFlower, a United States Federal District Court located in the State of Maryland) in resolving any issues arising hereunder. Access to the information contained on this Website by persons located outside of the United States may be restricted and BlueFlower is not responsible for the access of this Website by any such persons. The invalidity or unenforceability of any provision (or portion thereof) contained in these terms and conditions shall in no way affect the validity or enforceability of any other provision (or portion thereof), each provision being independent of the others and severely enforceable. No waiver of any portion of these terms and conditions shall be deemed a continuing waiver or shall waive any other provision of these terms and conditions.