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Terms And Conditions

TERMS AND CONDITIONS
Last updated September 27, 2021
AGREEMENT TO TERMS
T hese Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and
Flowers and Scumbags ("Company", "we", "us", or "our"), concerning your access to and use of the http://www.flowersandscumbaqs.com
website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the "Site"). We are registered in C olorado, United States and have our registered office at 10986 Elm Dr, T hornton, CO 80233.
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AN D YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive
specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand
which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised
Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or
country. A ccordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are applicable.
T he Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and A ccountability A ct (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You
may not use the Site in a way that would violate the Gramm-Leach-Bliley A ct (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained
therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The
Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these
Terms of Use, no part of the Si te and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of
any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you
are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether
through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not
violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any portion thereof).
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site.
However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current,
or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are
subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for
subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for
any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further
agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by
us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge
your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. 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
payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
RETURN/REFUNDS POLICY
Please review our Return Policy posted on the Site prior to making any purchases.

Returns On In House Made Items: Once your items are delivered, you have 7 days from the date of delivery to ship them back to us for a full refund. Returns shipped after the first 7 days will be eligible for store credit {store credits never expire). After 30 days, all sales are FINAL and returns will not be accepted. 
If there is a problem with your order, please be sure to contact us immediately! 
All returned merchandise must be in its original packaging. We do not reimburse shipping or return fees. However, we will provide a return label {at no cost to you) via email for any orders that were fulfilled incorrectly. 
Return Instructions: All returns must include a tracking number (USPS, UPS, FedEx). Please provide us with the tracking number for your return (admin@flowersandscumbags.com). Failure to do so may delay the processing of your return/credit. 
Exchanges: At this time, we do not accept exchanges.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database,
or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Engage in unauthorized framing of or linking to the Site.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, roboti
or similar data gathering and extraction tools.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Attempt to impersonate another user or person or use the username of another user.
13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1 x 1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in a
way making up a part of the Site.
19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching
any unauthorized script or other software.
20. Use a buying agent or purchasing agent to make purchases on the Site.
20. Use a buying agent or purchasing agent to make purchases on the Site.
21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
22. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavc
or commercial enterprise.
23. Use the Site to advertise or offer to sell goods and services.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be
viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance
with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloadin g, or copying of your
Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or
moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize
us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable indi vidual person in your Contributions to use
the name or likeness of each and every such i dentifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence
against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or wellbeing
of minors;
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or
physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law
or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site and the Marketplace Offerings.
You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you
should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive,
racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not
be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may
not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive
or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews,
even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions
or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from
any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating
to reviews.
MOBILE APPLICATION LICENSE
Use License
If you access the Marketplace Offerings via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right
to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile
or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the
application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the
application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make
the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use
the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the
application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any
proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor")
to access the Marketplace Offerings: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set
forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with
respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or
as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to
any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may
refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not
located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist
supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the mobile application , e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and
that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Terms of Use against you as a third-party beneficiary thereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other informatio n regarding the Site or the
Marketpl ace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment o r compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.
You agree t here shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your
Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of
the Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: flowersandscumbags.com/privacy. By using the Si te or the
Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the
Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region
of the world with laws or other requirements governing personal data collection. use, or disclosure that differ from applicable laws in the
United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to
have your data transferred to and processed in the United States.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TC
AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY
OR COVENANT CONTAINED IN THESE TERMS O F USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUF
USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERI NGS O R DELETE ANY CONTENT OR INFORMATION THAT
Y O U POSTED AT ANY TIME, WITHOUT WARNING, I N OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the
Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inabili ty to access or use the Site
or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use
will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or
releases in connection therewith.
GOVERN I N G LAW
These Terms of Use and you r use of the Site and the Ma rketplace Offerings are governed by and construed in accorda nce with the laws of
the State of Colorado a p pl icabl e to agreements made and to be entirely performed wit h i n the State of Colorado , without regard to its confl ict
of law princip les .
DISPUTE RESOLUTI O N
I nformal Negotiations
To expedite resolution and control t h e cost of any d i s p ute, controversy, or c l a i m rel ated t o these Terms o f U s e (each "Dispute" and
collectively, the "Di sputes") bro u g ht by either you or us (indivi d u a l l y, a "Party" a n d col lectively, the "Parties"), the Parties agree to fi rst
attem pt to negotiate any Dispute (except those Disputes expressly provided below) i nformally for at least _90_ days before initiati ng
a rbitration . Such i nformal negotiations commence u pon written notice from one Party to the other Party.
B i n d i n g Arbitration
A n y dispute arising out of or in con nection with this con tract, in cluding any question regarding its existence, val idity, or termination , shall be
referred to and finally resol ved by the I n ternational C ommercial A rbitration C ourt under the European A rbitration C hamber ( Belgium, Brussels,
A venue Louise, 1 46) according to the R ules of this ICAC , which, as a result of referring to it, is considered as the part of this clause. The
number of arbitrators shall be 2. The seat, or legal place, or arbitration shall be Den ver, C olorado. . The language of the proceedings shall
be English. The govern ing law of the contract shall be substantive law of C olorado
Restri cti ons
T he Parties agree that a n y arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) n o
arbitration shall be joined with a n y other proceeding; ( b ) there i s n o right or authority for a n y Dispute t o be arbitrated o n a class-action basis o r
t o utilize class action procedures; a n d (c) there i s n o right o r authority for any D ispute t o be brought i n a purported representative capacity o n
behalf o f the general public o r any other person s.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a)
any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceab le and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace
Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAI LABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-I NFRI NGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATI ONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ( 1 ) ERRORS, M ISTAKES, O R
INACCURACIES O F CONTENT AND MATERIALS, (2) PERSONAL INJURY O R PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREI N, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATU RED I N ANY BANNER OR
CONTENT POSTED, TRANSM ITTED, OR OTHERWI SE MADE AVAI LABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSI BILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THI RD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBI LE APPLICATION FEATURED I N ANY BANNER OR
OTHER ADVERTISING , AND WE WILL NOT B E A PARTY TO OR I N ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THI RD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR I N ANY ENV IRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTH ING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RI GHTS.
INDEMNIFI CATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by
any third party due to or arising out of: ( 1 ) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and
warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights;
or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we
reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to
your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
email and on the Site, satisfy any legal requirement that such communication be in writing . YOU HEREBY AGREE TO THE USE OF
ELECTRON IC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRON IC DELIVERY OF NOTICES,
POLIC IES, AND RECORDS OF TRANSACTIONS IN ITIATE D OR COMPLETE D BY US OR VIA THE SITE. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 1 1 2 , Sacramento, California 95834 or by
telephone at (800) 952-52 1 0 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights
and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you
and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site o r to receive further information regarding use o f the Site, please contact u s at:
Flowers and Scumbags
10986 Elm Dr
Thornton, CO 80233
United States
Phone: 720-782-8326
admin@flowersandscumbags.com

RETURN POLICY

Returns On In House Made Items: Once your items are delivered, you have 7 days from the date of delivery to ship them back to us for a full refund. Returns shipped after the first 7 days will be eligible for store credit {store credits never expire). After 30 days, all sales are FINAL and returns will not be accepted. 
 

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