Disclaimer
We makes no warranties about the information contained within the funeralhomearrangements.com, local-hospitals.net or senior-homes.net (collectively "The Websites") and can not be held responsible for incorrect information or misuse of any information contained herein.
All material within "The Websites" is assumed to be factually correct and respectful of all copyright laws. Any errors or omissions should be brought to our attention.
Views and opinions expressed may not be representative of the site or its owners, but all effort is made to keep the site free of obscenities, illegal or otherwise malicious activity.
“The Websites” were created by and are supported by Avas Flowers with the intent to promote flower delivery services offered by Avas Flowers to various facilites within "The Websites" directories.
From time to time the owners of “The Websites” may also promote other websites and the owners may be compensated for this.
The advertising content or advertising space may not always be identified as paid or sponsored content or advertising on "The Websites".
Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by our website(s).
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
General Guidelines
“The Websites” allows users to contribute different kinds of content, including reviews, events, votes, quick tips, private messages, and more. We put together these general guidelines. Please also read the guidelines below for specific types of content that you might contribute to “The Websites”.
- Inappropriate content: Colorful language and imagery is fine, but there's no need for threats, harassment, lewdness, hate speech, and other displays of bigotry.
- Conflicts of interest: Your contributions should be unbiased and objective. For example, businesses and their employees shouldn't write reviews about themselves or their competitors.
- Promotional content: Unless you're requesting an update of your business information to your business's profile page, we generally frown upon promotional content. Let's keep the site useful for consumers and not overrun with commercial noise from every user.
- Relevance: Please make sure your contributions are relevant and appropriate to the forum. For example, reviews aren't the place for rants about a business's employment practices, political ideologies, extraordinary circumstances, or other matters that don't address the core of the consumer experience.
- Privacy: Don't publicize other people's private information. While some businesses may be identified by the people behind them (e.g., real estate agents, doctors, etc.), you should generally avoid posting other people's full names, personal phone numbers and email addresses — and avoid uploading close-ups of other people without their permission.
Indemnity
You agree to indemnify, defend, and hold Avas flowers, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Avas Flowers Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Avas Flowers reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Avas Flowers. Avas flowers will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Relationship Disclosure
“The Websites” are owned by Avas Flowers Entities. “The Websites” are used for but not limited to providing consumers with a venue to exchange thoughts and information on local facilities, post information about events, communicate messages to others, provide contact information, provide Avas Flowers Entities with a venue to advertise their flower delivery services to the various facilities listed therein.
Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF AVAS FLOWERS AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "AVAS FLOWERS ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE AVAS FLOWERS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE AVAS FLOWERS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS.
THE AVAS FLOWERS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE AVAS FLOWERS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ANY OF THE BUSINESSES LISTED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY AVAS FLOWERS OR THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE AVAS FLOWERS ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE AVAS FLOWERS ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH “THE WEBSITES”, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF “THE WEBSITES”.
THE AVAS FLOWERS ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE AVAS FLOWERS ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE AVAS FLOWERS ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
Choice of Law and Venue
New York law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Avas Flowers (a"Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN ROCKLAND COUNTY, NEW YORK.