MYeFlora.com WEB SITES TERMS AND USE POLICY
important information

Here at MYeFlora, our purpose is to inform, educate, and provide a thriving and dynamic web portal for passionate gardeners! It is important that you read the Terms and Conditions listed on this page, titled “Use Policy”, carefully before using MYeFlora.com Web Sites in order to address several important issues. Please remember that these terms and conditions may change or be updated from time to time, so it is advised that you visit this page regularly.

Overview
The following rules and regulations apply to all visitors to, or users of MYeFlora.com Sites, and the home pages of which are at MYeFlora.com. By using these Web sites, you agree to be bound by these rules and regulations, as they may be modified by MYeFlora at any time and posted on this Web Site, and also represent that you are able to form a binding contract. You also agree to that any information you provide about yourself is accurate and complete information at the time provided. You agree to timely update any information provided to The Knot to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for MYeFlora to suspend or terminate your account and refuse you service in the future. In the event of a violation of these rules and regulations, MYeFlora reserves the right to seek all remedies available by law and in equity.

MYeFlora makes available the Web Sites: MYeFlora.com (the "Sites") to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Sites. You should review these Terms and Conditions every time you use these Sites as they are binding on you. If you do not agree to these term and conditions of use, please stop using the Sites.

In addition to the Terms of Use, there are many areas of MYeFlora.com that are interactive. Please note that when using a particular Area of MYeFlora.com, you are also bound by the posted guidelines and rules for that particular Area.

Intended Use
The information provided by MYeFlora on the Sites is general and broad in nature and provided for informational purposes only. The Sites are for your personal use. As a condition to your continued use of the Sites, you warrant to MYeFlora that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms and Conditions.

MYeFlora makes no representation that materials on these Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access these Sites from locations outside the United States do so at their own risk and are responsible for compliance with local laws. You further agree that you will not use, import, export or re-export the materials of this Sites, any software or technical data downloaded from this Sites or products purchased from this Sites, or any copy or adaptation, in violation of any applicable laws or regulations, including, but not limited to, the requirements under the U.S. Export Administration Act, Regulations of the Department of Commerce or its successors, executive orders and other export controls.

Copyrights
MYeFlora retains full copyright ownership, rights and protection in all material contained on the Sites (including but not limited to all software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Sites without the prior consent of MYeFlora. None of the material contained on the Sites may be reverse-engineered, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means without the prior written consent of MYeFlora. All content of the Sites is Copyright © 2005-2006 MYeFlora. All rights reserved.

MYeFlora respects the intellectual property rights of others. If you believe that your work has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been violated, please inform us immediately.

Trademarks
MYeFlora and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and service marks. These marks, names or service marks, and all associated logos or images, are registered and/or common law trademarks of MYeFlora and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or service marks is granted to you under these terms and conditions or by your use of the Sites. Your misuse of the trademarks displayed on the Sites is strictly prohibited. You are also advised that MYeFlora will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Linking
Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the MYeFlora Web Site. None of such links should be deemed to imply that MYeFlora endorses the Third Party Sites or any content therein. MYeFlora does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and MYeFlora will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Software Uploading and Downloading
If you download software from these Sites, use of such software is subject to the license terms in the license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms and conditions set forth in the license agreement. Except for rights granted pursuant to such license agreement, MYeFlora and/or its licensors reserve all intellectual property rights, title and interest in and to such software. Software downloading from the Sites can only be done with express permission from a company representative every time software is downloaded. Uploading of software constitutes acceptance of MYeFlora Terms and Conditions. Software may only be uploaded to the Sites with permission of the rightful owner of said software.

Materials Submision
If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, "Ideas"), the Ideas shall be deemed, and shall remain, the sole and absolute property of MYeFlora. None of the Ideas shall be subject to any obligation of confidence on the part of MYeFlora and MYeFlora shall not be liable for any use or disclosure of any Ideas. You agree not to post or transmit any information through MYeFlora that infringes the rights of others or violates their privacy or publicity rights

MYeFlora reserves the right to republish any material contributed by our readers. By posting a message, comments, or notes on our Site, a subscriber expressly grants the right to MYeFlora to republish or sell the message as part of any edited compilation such as MYeFlora news. Material that is copyright protected may not be submitted without permission from the copyright owner...since there are many thousands of possible sources spread out across the Internet, it is impossible for us at MYeFlora to know if a posting represents a copyright infringement. Please remember that you are responsible for the material you submit -- including taste, reliability, originality and copyright. Author(s) may be held legally responsible for copyright infringement, defamation or invasion of privacy, as well as any damages arising out of actions resulting from materials submitted by you and posted by MYeFlora. You are responsible for ensuring that your message or posting does not violate any extant copyrights. If you believe that your copyrighted material has been posted to MYeFlora without permission, please contact the Web Administrator immediately for removal of this content, at admin@MYeFlora.com.

By submitting Articles, or any Content, to MYeFlora, you are agreeing to the “Author’s Agreement” accessible within the following link: http://www.myeflora.com/WebSite/MYeFlora/articles.aspx. If you cannot view the details of the Author’s Agreement for any reason, you must first contact the Site Administrator at admin@MYeFlora.comadmin@MYeFlora.com before making the submission.

MYeFlora will have a nonexclusive global license to publish the content submitted by users and contributors within the MYeFlora.com website. MYeFlora will also have global nonexclusive adaptation and resale rights over any content and material submitted by users and contributors within MYeFlora’s Forums. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted "for publication," including both message board postings and content submitted for uploading and subsequent publishing within non-message board Areas. MYeFlora, and its staff, are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated in our Area or for any results obtained from the use of such information or advice.

Online Behavior and Etiquette
By using and visiting the MYeFlora WebSites, you agree to follow basic rules of etiquette. If you participate in any Forum within a MYeFlora.com Site, or submit any other comments, notes, or content within our Site, you must not:
· defame, abuse, harass or threaten others;
· make any bigoted, hateful or racially offensive statements;
· advocate illegal activity or discuss illegal activities with the intent to commit them;
· post or distribute any material that infringes and/or violates any right of a third party or any law;
· post or distribute any vulgar, obscene, discourteous or indecent language or images;
· advertise or sell to, or solicit others;
· use the Forum for commercial purposes of any kind;
· post or distribute any software or other materials which contain a virus or other harmful component; or
· post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
· No impersonating any person, including, but not limited to, other community members or employees of MYeFlora;
· No collecting, storing, or posting of personal data about or of other community members.
Please note that MYeFlora reserves the right to edit and/or delete any and all content submitted and posted to the MYeFlora.com Site.

Privacy
You hereby acknowledge having read and agreed to all terms and conditions of MYeFlora 's Privacy Policy, which are hereby incorporated into these Terms and Conditions. Be sure to visit our Privacy Policy page, at http://www.myeflora.com/WebSite/privacypolicy.asp.

Disclaimer of Warranties
Access to the Sites is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. MYEFLORA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITES CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SITES OR MYEFLORA PRODUCTS OR SERVICES. MYEFLORA reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

Neither MYeFlora nor its employees, agents, partners, or licensors warrant that the Sites or its operation will be accurate, reliable, uninterrupted or error-free. You are responsible for implementing sufficient procedures for accuracy of data input and output, backing up of data and protection from malicious or damaging computer software. If your use of the Sites results in the need for servicing or replacing property, material, equipment or data, MYeFlora is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Sites on behalf of MYeFlora.

MYeFlora does not assume any liability for the contents of any material provided on these Sites. Reliance on any information presented on the Sites is at your own risk. No agent or representative has the authority to create any warranty regarding the Sites or products or services provided through the Sites on behalf of MYeFlora. MYeFlora reserves the right to change or discontinue any aspect or feature of the Sites, or any products or services mentioned on this Sites, at any time without notice. Mention of any third party products or services is for informational purposes only and does not constitute a recommendation or endorsement thereof.

You acknowledge that, in connection with the Sites, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of MYeFlora. Accordingly, MYeFlora assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Sites.

Limitation of Liability
IN NO EVENT WILL MYEFLORA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF MYEFLORA IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

You agree to defend, indemnify and hold MYeFlora, its subsidiaries and affiliates, and their officers, directors, employees and agents, licensors and business partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Sites in a manner that violates or is alleged to violate these Terms and Conditions. MYeFlora shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Choice of Law and Forum
These Terms and Conditions shall be governed by the laws of the state of California, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Sites contemplated by these Terms and Conditions must be instituted within one year from the date upon which such claim or cause arose or accrued. Any such claim or cause of action may only be brought in the state or federal courts located in Orange County, California, and you agree to submit to the exclusive personal jurisdiction of such courts. You agree to waive any objection that the state or federal courts of California are an inconvenient forum. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of this Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and MYeFlora with respect to the Sites and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MYeFlora with respect to the Sites and the subject matter of these Terms and Conditions.

Termination
Under certain circumstances and without prior notice, your access to any and all MYeFlora.com Sites may be terminated immediately from us if in our sole discretion you fail to comply with any term or provision of these terms. Cause for such termination shall include, but not be limited to, violation of the provisions set forth within this agreement (“Use Policy”). You acknowledge and agree that all terminations for cause shall be made in sole discretion of MYeFlora and that MYeFlora shall not be liable to you or any other party for the termination of your access to our Site or the purging of any material.

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all MYeFlora.com Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise.