Site Terms and Conditions of Use
1. User's Acknowledgment and Acceptance of Terms
2. Description of Services
DRFLORAS provides an affiliate marketing network and technology that permits independent Web site operators to form cooperative marketing relationships using the Internet. The network is available for use only by persons or entities that join the network as either a “Merchant” or an “Affiliate.” Only persons or entities that operate Web sites selling health related products are eligible to become a Merchant. Only persons or entities that operate Web sites used to conduct a business or generate revenues are eligible to become an Affiliate. To become a Merchant or Affiliate, a person or entity must: apply for membership; be approved for membership by DRFLORAS, and enter into an agreement with DRFLORAS.
DRFLORAS is the neutral host of this affiliate marketing network it administers, and members of the network are independent persons or entities that are not controlled by DRFLORAS. Neither the admission nor the continued membership of any person or entity as a Merchant or Affiliate constitutes endorsement by DRFLORAS. DRFLORAS does not police Merchant’s or Affiliate’s actions, nor does DRFLORAS take any responsibility for their acts or omissions.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that DRFLORAS has no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond DRFLORAS’s control.
3. Registration Data and Privacy
In order to access some of the services on this Site, you will require a separate account and password that can be obtained by completing DRFLORAS’s online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
4. Conduct on Site
Your use of this Site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through this Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that: (a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates DRFLORAS’s rules or policies; (b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (d) Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (f) Impersonates any person or entity, including any of DRFLORAS’s employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of this Site may be available to you or other authorized users of this Site. You shall not interfere with anyone else's use and enjoyment of this Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that DRFLORAS may at any time, and at DRFLORAS’s sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that DRFLORAS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under DRFLORAS’s control, and you acknowledge that DRFLORAS is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is DRFLORAS responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, this Site or party by DRFLORAS, or any warranty of any kind, either express or implied.
6. Intellectual Property Information
All contents of this Site are copyright 2008 DrFloras LLC and/or its Related Parties. All Rights Reserved.
Neither DRFLORAS or its Related Parties warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
7. User's Materials and Submissions
You may be able to submit materials for use in connection with this Site. The service includes publicly accessible areas (“public areas of this Site”) and areas to which access by others is limited (“private areas of this Site”). You understand that DRFLORAS does not control or endorse the content that you and others post or provide on this Site. Except for material that DRFLORAS licenses to you, DRFLORAS does not claim ownership of the materials you post or provide on the service. However, with respect to content you post or provide, you grant to those members of the public to whom you have granted access (for content posted on private areas of this Site) or to the public (for content posted on public areas of this Site) free, unlimited, worldwide, nonexclusive and perpetual permission to: (a) use, modify, copy, distribute and display the content in connection with this Site and other of DRFLORAS’s services; (b) publish your name in connection with the content; and (c) grant these rights to others.
8. Placing Advertisements
You may be able to place advertisements in or through this Site. DRFLORAS has no obligation to display any part of the advertising content. With respect to any advertising content you provide, you represent and warrant that that: (a) All advertising content is accurate, complete and current; (b) You have all necessary rights, power and authority to publish the advertising content; (c) You possess documents substantiating all claims, express and implied, contained within the advertising content; and (d) The advertising content, and any web site listed or linked to from the advertising content: (i) complies with all applicable laws and regulations; (ii) does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party; (iii) does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and (iv) does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
9. Claims of Intellectual Property Infringement
DRFLORAS respects the intellectual property of others, and DRFLORAS asks you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to DRFLORAS’s Designated Agent (as identified below) immediately. To be effective, the notification must include: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed; (c) Information reasonably sufficient to permit DRFLORAS to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit DRFLORAS to locate the materials; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), DRFLORAS’s Designated Agent for Notice of claims of copyright infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
310 S. Twin Oaks Valley Rd.
San Marcos, CA 92078
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, DRFLORAS may immediately remove the identified materials from this Site without liability to you or any other party.
10. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DRFLORAS AND ITS RELATED PARTIES MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS SITE FROM DRFLORAS OR ITS RELATED PARTIES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. DRFLORAS MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND DRFLORAS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of this Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. DRFLORAS AND ITS RELATED PARTIES MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY DRFLORAS OR ITS RELATED PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
IN NO EVENT SHALL DRFLORAS OR ITS RELATED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF GOODWILL, USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT DRFLORAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, DRFLORAS SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Upon a request by DRFLORAS, you agree to defend, indemnify, and hold DRFLORAS and its Related Parties harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. DRFLORAS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DRFLORAS in asserting any available defenses.
13. Participation in Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products or services on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. DRFLORAS assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
14. Use of Site and Storage of Material
You acknowledge that DRFLORAS may establish general practices and limits concerning use of the services available on this Site, including without limitation the maximum number of days that uploaded content will be retained on this Site, the maximum disk space that will be allotted on DRFLORAS’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that DRFLORAS has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that DRFLORAS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The accounts of DRFLORAS’s users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although DRFLORAS take reasonable precautions to preserve and protect the material you upload to this Site, you should not rely on this Site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold DRFLORAS for any damage to, any deletion of or any failure to store your files, data or Registration Data.
15. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. DRFLORAS personnel will never ask you for your password. You may not transfer or share your account with anyone, and DRFLORAS reserves the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
16. Export Controls
Software available on or through this Site is subject to United States Export Controls. No software from this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
17. International Use
Although this Site may be accessible worldwide, DRFLORAS makes no representation that materials on this Site 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 choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
18. Termination of Use
19. Governing Law
This Site (excluding any linked sites) is controlled by DRFLORAS from its offices within the State of California, United States of America. By accessing this Site you agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will exclusively apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Orange County and the United States Central District Court for the Central District of California with respect to such matters.
20. Email Communications
You consent to receive communications from DRFLORAS electronically and agree that DRFLORAS may communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that DRFLORAS provides to you electronically satisfy any legal requirement that such communications be in writing.
21. Entire Agreement
You agree not to sell, resell, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
In addition to any excuse provided by applicable law, DRFLORAS shall be excused from liability for non-delivery or delay in delivery of products and services available through this Site arising from any event beyond DRFLORAS’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond DRFLORAS’s reasonable control, whether or not similar to those which are enumerated above.
23. Contact Information
310 S. Twin Oaks Valley Rd.
San Marcos, CA 92078
DrFloras provides an affiliate marketing network and technology that permits independent Web site operators to form cooperative marketing relationships using the Internet. The network is available for use only by persons or entities that join the network as either a “Merchant” or an “Affiliate.” Only persons or entities that operate Web sites selling health related products are eligible to become a Merchant. Only persons or entities that operate Web sites used to conduct a business or generate revenues are eligible to become an Affiliate. To become a Merchant or Affiliate, a person or entity must: apply for membership; be approved for membership by DRFLORAS, and enter into an agreement with DRFLORAS.
What information does DRFLORAS gather and/or track about you?
Anonymous Information. DRFLORAS may also gather anonymous information, which may be used by DRFLORAS or shared with third parties. This is information which does not personally identify you, but which may be helpful for marketing purposes or for improving the services DRFLORAS offers. Generally this information is collected through "traffic data" and may entail the use of "cookies," "IP addresses," or other numeric codes used to identify a computer.
Cookies. DRFLORAS employs cookies to recognize you and your access privileges on this Site, as well as to track Site usage. Subscribers who do not accept cookies may not be able to access many areas of this Site. DRFLORAS may use an advertising server developed by a third party, to display ads on this Site. Some of these ads may contain cookies that are set by third parties (i.e., advertising agencies or advertising clients). DRFLORAS does not have access to these cookies or any information that they may contain. Acceptance of cookies from domains other than DRFLORAS’s is optional.
IP Addresses. DRFLORAS logs IP addresses for systems administration and troubleshooting purposes. (Your IP address indicates the location of your computer on the Internet). DRFLORAS may log IP addresses to track Subscriber sessions.
What does DRFLORAS do with the information it gathers and/or tracks?
Statistical Analysis and Banner Advertising. DRFLORAS may perform statistical analyses of user behavior in order to measure interest in the various areas of this Site and to inform advertisers as to how many users have seen or "clicked" their advertising banners. DRFLORAS may also use demographic information to allow advertising banners on this Site to be targeted, in aggregate, to the users for whom they are most pertinent. In this statistical analysis and banner advertisement targeting, DRFLORAS may disclose information to third parties only in aggregate form.
Email. Using the email addresses provided at registration, DRFLORAS periodically sends promotional email to its Subscribers about services offered by DRFLORAS and its advertisers. DRFLORAS may contact you regarding account status, changes to the Subscriber Agreements, and to confirm registration.
Occasionally, DRFLORAS shares data collected about Subscribers with other units within the DRFLORAS group of companies or third parties whose products or services DRFLORAS feel may be of interest to you. Many of DRFLORAS’s Subscribers find these mail or email promotions valuable. If you prefer not to receive promotional materials from companies outside the DRFLORAS group of companies, please see the "Opting Out" provision below.
Data Security. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, DRFLORAS has put in place physical, electronic, and managerial procedures to protect the information DRFLORAS collects online.
With whom does DRFLORAS share the information it gathers and/or tracks?
DRFLORAS may share the information it gathers, in aggregate form, with advertisers and other partners. DRFLORAS does not release personal information about you as an individual to third parties, except when it has your permission or under special circumstances, as described in DRFLORAS’s Site Terms and Conditions of Use and/or a Subscriber Agreement. DRFLORAS will provide you all of your personal information provided at registration upon request. This information will only be sent to the email address on file for the Subscriber ID associated with it.
In order to accommodate changes in its business, DRFLORAS may sell portions of the company or its assets, including the information collected through the Site. If DRFLORAS or substantially all of its assets are acquired, Subscriber information will be one of the assets transferred to the acquiring company.
Discussion Groups. The Site may include interactive forums such as discussion groups, chat areas, bulletin boards, and message boards (collectively, boards). These guidelines do not cover the transfer of information in this context. Please remember that any information that is disclosed in these areas becomes public information (even if such boards are in a Subscriber only area) and you should exercise caution when deciding to disclose your personal information.
Third Party Web Sites.
This Site may contain links to other Web sites. If you choose to visit other Web sites, we are not responsible for the privacy practices or content of those other Web sites, and it is your responsibility to review the privacy policies at those Web sites to confirm that you understand and agree with their policies.
Children are not eligible to use DRFLORAS's services, and DRFLORAS asks that minors not submit any personal information to DRFLORAS. If you are a minor, you may use this service only in conjunction with a parent or guardian.
Opting-Out, Corrections and Cancellations.
Subscribers may access and modify their account information and contact preferences at any time by going to their Control Panel on the Site.