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Hilltop Flower Co.

Terms of Service

This website is operated by Hilltop Flower Co. Throughout the site, the terms “we”, “us” and “our” refer to Hilltop Flower Co. Hilltop Flower Co. offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services. 

Terms of Sale

By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you.

Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is canceled, we will credit your account in the amount of the incorrect price.

All features, specifications, products, prices of products and services, discounts, promotions and offers described in our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right to modify the final sale date of any products sold for a limited period of time without notice to you, including by ending the sale period earlier than originally advertised, or by extending it beyond the originally advertised final sale date. Products are available while supplies last, and may only be available to be shipped to certain territories. All prices and products advertised are subject to change.

Taxes and Fees

You are responsible for payment of all taxes related to any products purchased and/or shipped from the U.S. to a country outside the U.S., including as applicable, sales tax, VAT, GST/HST, import fees, and duties.

Products and Services

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We try to be as accurate as possible when describing our products. However, we do not warrant that product descriptions or other content of the Services are accurate, complete, reliable, current, or error-free. Additionally, we have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. If a product offered by us is not as described or displayed, your sole remedy is to return it in unused condition, subject to the terms of the Refund Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Perishable Goods

Please review the following terms and conditions as relates to perishable goods, including all flower products:

Pickup or delivery date. The pickup or delivery date selected at time of checkout is the contracted deliverable date under this agreement. You agree and understand that due to the perishable nature of our flower goods, pickup or delivery dates cannot change or cancel once scheduled without our express written agreement.

Cancellation. You understand that Hilltop has likely declined other events to reserve your product preparation time and pickup date in our calendar. In addition to any other obligations outlined in these terms, if you cancel your order, all payments made are non-refundable. Please see our Refund Policy for more information.

Availability. You understand and acknowledge that occasionally flower products, as well as accompanying hard goods (e.g., vases, ribbon, raffia wire, corsage cuffs, etc.), may not be available at the time of your pickup or delivery. In that event, we will curate comparable items at our sole discretion.

Substitutions. We do not guarantee specific elements in our flower products. While we will maintain the integrity of color schemes as described, we reserve the right to make appropriate flower substitutions of equivalent value and quality. 

Perishability. You understand that florals are perishable items. Flowers, like all perishable products, are sensitive to excessive heat, direct sunlight, lack of water, improper storage, aggressive handling, and various other environmental conditions. While Hilltop will attempt to hydrate and preserve our flower products prior to pickup or delivery, environmental conditions outside of our shop are beyond our control. You expressly agree and understand that Hilltop will not be responsible for any wilting or damage resulting from environmental conditions occurring after pickup or delivery to the carrier. 

Artistic license. You understand and agree that you are engaging Hilltop’s services based on previous floral stylings, portfolios, and executions. Every reasonable effort is made to arrange flower products to your liking, but we cannot promise exact flower arrangements or designs due to the unique nature of flowers and floristry. By commissioning Hilltop to design and create florals for your event, you are entrusting the artists and representatives to utilize their design skills and capabilities as depicted in our product photos. Therefore, you authorize Hilltop to choose all floral varieties, color schemes, and textures that will best showcase our signature style and taste. You allow Hilltop full Artistic License to create distinctive and unique flower products by using our services.

Photography and permitted uses. You agree that Hilltop may use any images of purchased flower products for Hilltop’s portfolio, advertising, website, social media, blog and magazine submissions, and other promotional means. You waive the right to inspect or approve the finished product, including a written or electronic copy, wherein your likeness appears. Hilltop is held harmless and released from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or behalf of the your estates have or may have because of this authorization. 

Force majeure. A party shall not be liable for any failure of or delay in the performance of this agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to any act of God, such as but not limited to war, riot, civil strife; an act of terrorism, domestic or foreign; embargo; governmental rule, order, regulation or decree; earthquake, flood, fire, hurricane, tornado, or other casualties; strike, lockout, or other labor disturbance; pandemic, epidemic, public health emergency, an outbreak of infectious disease; or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the preceding. Upon the occurrence of any force majeure event, the party relying on this provision shall notify, as soon as feasible, the other party of its inability to perform or delay in performing its obligations. In the event of a Force Majeure, all flower product purchases are non-refundable. Should your pickup or delivery be canceled, postponed, or otherwise adversely impacted due to a force majeure event, there shall be no refunds for payments already received by Hilltop Flower Co. Still, we will use all reasonable efforts to work with you to produce the flower products later if necessary, subject to Hilltop’s availability. 

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Modifications to the Services and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Returns

Our goal is your complete satisfaction with our Services. For more information about our policies on returns, please review our Refund Policy.

Risk of Loss

All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Your Use of the Services

Subject to your compliance with these Terms of Service and your payment of any applicable fees, we or our content providers, licensors or suppliers, grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal use of the Services. This license expressly prohibits any of the following:

  • the resale or commercial use of the Services, or its contents;
  • any collection and use of any product listings, descriptions, or prices;
  • any derivative use of any of the Services or its contents;
  • any downloading or copying of account information for the benefit of another merchant;
  • the copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, storing, or transmitting any of the Services or its contents, in any form or by any means;
  • framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);
  • the use of any meta tags or any other “hidden text” utilizing our or our licensees’ or suppliers’ names or trademarks;
  • any use of data mining, robots, or similar data gathering and extraction tools;
  • decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software.

All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms of Service.

Your Account

To use some of our Services, you may be asked to register for an account. Your account registration information must be correct, current, and complete at all times. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. We sell a variety of products, but we sell them to adults, who can purchase them with a credit card or other permitted payment method. If you are under 18, or the age of majority in your country, you may use the Services only with the involvement of a parent or guardian. In all cases, the adult would be the user and is responsible for any and all activity. We reserve the right to refuse service, terminate or suspend your account, remove or edit content, or cancel orders in our sole discretion.

Security

Any usernames and passwords used for the Services are for individual use only. You are responsible for the security of your username and password. You will not place an order on the Services with an invalid or stolen payment mechanism. You will not use any software, tools, services or facilities to compromise our Services’ security, or tamper with our systems or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ’comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Privacy

Please review our Privacy Policy, which also governs your use of the Services, to understand our practices and the choices you can make about the way your information is collected and used.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Third-Party Services

Certain content, products, and Services available via our Service may include materials from third-parties. The Services may be provided through third party platforms, or interact with or include third party applications, websites, widgets, software and other services, all of which we refer to as “Third-Party Services.”

Third-Party Services can refer to anything from advertisements and promotional offers from third parties to third party links or applications included in the Services. These Third-Party Services may contain information or material that you may find inappropriate or offensive. You understand and agree that we are not responsible or liable for the behavior, availability, features or content of any Third-Party Service. These Third-Party Services are not owned or controlled by us—they are owned by third parties unrelated to us. The inclusion of such Third-Party Services does not imply endorsement by us or any association with our operators. We cannot ensure that you will be satisfied with any products or services that you purchase from any Third-Party Services. Your use of these Third-Party Services is at your own risk and subject to the separate Terms of Service of these Third-Party Services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any interactions or online transactions with any of the Third-Party Services.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are 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 websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Linked Sites

This site may contain links to other sites on the Internet ("Linked Sites"). Linked Sites maintained by affiliates of Hilltop are operated subject to their own Terms of Service. Hilltop is not responsible for the content of any Linked Site that is not affiliated with Hilltop. The links to these sites are for your convenience only, and you access them at your own risk.

Hilltop welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Hilltop, its affiliates, or any group or individual affiliated with Hilltop. You may not use on your site any logos, trademarks, service marks, or other copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on this site without prior written consent.

E-Communications

When you use the Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

SMS Text Message Communications

We may offer you the ability to sign up for text messages sent to your mobile device if you choose to receive such alerts. You acknowledge and agree that when you sign up for and receive these text messages, you are bound by these Terms of Service.

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. To stop receiving text messages from us, simply text STOP to the short code provided in the text messages that you no longer wish to receive. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device.

We will not charge you to create or deliver the text messages that are part of any Hilltop’s text message communications; however, depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. Thus, your provider’s standard message and data rates may apply. Your consent to receive texts from us is not in any way required as a condition of purchasing property, goods or services from us.

Content is not available on all carriers and carrier participation could change. You may consult with your carrier to see if it participates. The content is not compatible with all cell phone models. Hilltop will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.

By signing up to receive texts, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent, legal guardian or account holder to sign up for text messages and to fulfill the obligations and agree to the terms set forth in these Terms of Service, which forms a binding agreement between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.

By signing up for texts, you also agree to our Privacy Policy, which is incorporated by reference herein.

We reserve the right to modify these SMS Text Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your receipt of texts after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

Disclaimer of Warranties

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ’AS IS’ AND ’AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability

IN NO CASE SHALL HILLTOP FLOWER CO., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HILLTOP FLOWER CO. AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.

Investigations

We reserve the right to investigate suspected violations of these Terms of Service, including any violation arising from any submission, posting or e-mails you make or send to us. We may seek to gather information from the user who is suspected of violating these Terms of Service, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from our servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms of Service has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. In our sole discretion, we will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS HILLTOP, ITS SUBSIDIARIES AND AFFILIATES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED.

To the extent permitted by applicable law, any dispute or claim relating in any way to your use of the Services, or to any products or services sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act of the United States and U.S. federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following: Attn: Owner, Hilltop Flower Co., 217 East State Street, Kennett Square, PA, 19348. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Class Action Waiver

Hilltop and you agree that Hilltop and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Service in connection with the Sites will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Hilltop and you further agree that Hilltop and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Service or in connection with the Sites.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Philadelphia, PA.

The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of Hilltop to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at hello@hilltopflower.co.

Our contact information is posted below:

Hilltop Flower Co.
217 East State Street
Kennett Square, PA 19348

Last updated: March 31, 2023