Welcome to Elaine’s Florist and Gift Baskets. By accessing or using our Website, you agree to the terms outlined below. These terms are designed to ensure a safe, transparent, and reliable experience for all visitors and customers.

Website Ownership & Content

The website owner, Elaine Oulsey-Nevarez, maintains this website and all the information, communications, software, scripting, photos, text, graphics, images, and other materials and services found on the website (collectively “Content”), for the use of its customers, employees, and members of the general public.

By using this website, you agree to comply with these Terms of Use and all applicable laws and regulations. If you do not agree, please do not use this site. These terms apply to all visitors, customers, and users of our flower delivery and gift basket services.

Acceptance of Contract Terms

In exchange for using the Web Site, you agree to be bound exclusively by these terms and to comply with all applicable laws and regulations.

You represent that you have the legal authority to accept these Web Site Terms of Use on behalf of yourself or any party you represent.

If any provision of these Web Site Terms of Use is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Web Site Terms of Use.

If you do not agree to these terms, please do not use the Website.

Jurisdiction & Applicable Law

The Website is controlled and operated in whole or in part by the website owner from its offices within the United States. By accessing the Web Site, you agree that the statutes and laws of the United States and the State of Texas, without regard to conflicts of laws, will apply to all matters relating to use of the Web Site.

You also agree that any litigation relating in any way to the use of the Web Site shall be subject to the jurisdiction of the state or federal courts in Harris County, Texas.

Those who access the Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

The website owner makes no representation that the Content in the Web Site is appropriate or available for use in other locations or that access to it from outside the U.S.A. is legal.

Conditions of Website Use

As a condition of your use of the Web Site, you warrant to ElainesFlorist.com that you will not use the Web Site for any purpose that is unlawful or prohibited by the terms, conditions, and notices contained herein.

You shall not, at any time:

• (a) reverse engineer, decompile, or disassemble any portion of the Web Site or tamper in any way with the operation of the Web Site
• (b) insert or make use of any type of disabling device, including, but not limited to, viruses, worms, Trojan horses, time bombs, or any similar device that may impair, damage, or interfere with the proper working order of the Web Site

You acknowledge that the website owner reserves the right in its sole discretion to refuse or terminate access to the Web Site by you at any time.

Website Use & Responsibilities

You agree to use this website for lawful purposes only. You may not:

• Attempt to damage, disrupt, or interfere with the website
• Introduce harmful software such as viruses or malware
• Copy, reproduce, or exploit website content without permission
• Use the site for fraudulent or unauthorized purposes

We reserve the right to restrict or terminate access if misuse is detected.

Restrictions on Use of Content

You acknowledge that the Content is the property of the website owner and is protected in the U.S. and internationally by a variety of laws, including but not limited to:

• Copyright laws and treaty provisions
• Trademark laws
• Other proprietary rights laws

In addition to the website owner’s ownership of the Content, the website owner or its licensors own a copyright in the selection, coordination, and arrangement of the Content.

Nothing contained in this Web Site shall be construed as conferring any license or right to any copyright, trademark, or other proprietary interest of ElainesFlorist.com or any third party.

The Website and the Content may not be copied, distributed, or reproduced in any way, without the prior written consent of ElainesFlorist.com, except that you may print copies of the Content for personal, informational, non-commercial use, provided that:

• (i) all copyright, trademark, and other proprietary notices are kept intact
• (ii) the Content is not modified in any way

The permission terminates automatically if you breach any of the Web Site Terms of Use.

The website owner is not granting you any permission to use the Content other than the permission expressly stated in these Web Site Terms of Use.

Submissions of Information

Do not send any confidential or proprietary information to the website owner through the website. Any information you do send to the website owner through the website will not be confidential.

For any non-confidential information you do send, you hereby grant the website owner an unrestricted, royalty-free, irrevocable, worldwide license to:

• Use
• Reproduce
• Display
• Perform
• Modify
• Transmit
• Distribute

You also agree that the website owner is free to use any ideas, concepts, or techniques that you send to the website owner for any purpose.

Your personally-identifiable information you submit to us shall be treated in accordance with our Privacy Policy.

You agree to assume the security risk for any information you provide using the Web Site.

Revisions

The website owner may revise or withdraw the Content, in whole or in part, at any time without notice.

The website owner may also revise these Web Site Terms of Use by updating this posting.

By using the Website, you agree to be bound by any such revisions and agree to periodically visit this page to review the current Terms of Use.

Links to Third-Party Websites

The Website may contain hyperlinks to websites operated by parties other than the website owner. Such hyperlinks are provided for your reference only.

The website owner does not control such websites and is not responsible for their contents. The website owner’s inclusion of hyperlinks does not imply any endorsement of the material on such websites or any association with their operators.

The website owner is not responsible for damages or losses caused by:

• Delays
• Defects
• Omissions

in services, information, or other content provided by such websites, whether actual, alleged, consequential, or punitive.

The website owner makes no guarantees or representations and shall have no liability for any electronic content delivered by any third party, including:

• Accuracy
• Subject matter
• Quality
• Timeliness

Disclaimer of Warranty; Limitation of Liability; Indemnity

In no event will the website owner, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of:

• The use of this site
• The inability to use this site
• The results of using this site
• Any websites linked to this site
• Materials, information, or services contained at any or all such sites

This applies whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages.

If your use of the materials, information, or services from this site results in the need for servicing, repair, or correction of equipment or data, you assume all costs thereof.

Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

Trademarks & Service Marks

The trademarks, logos, and service marks (“Marks”) displayed on this Site are registered or common law trademarks and are the property of the website owner or other third parties.

You are not permitted to use the Marks without the prior written consent of the website owner or such third party that may own the Marks.

Nothing on this Website should be interpreted, by implication or otherwise, as granting permission or license to use the Marks, whether the website owner’s Marks or those of a third party.