Terms Of Use

These Terms of Use are entered into by and between you and Jackava, LLC, and its affiliate, JAM flowers, LLC, together with Joseph A. Fluehr, III Funeral Home, Inc. (collectively, the “Company,” “we,” “us,” or “our”). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, this “Agreement”), govern your access to and use of www.fluehr.com, including any content, functionality, and services offered on or through www.fluehr.com (the “Site”), whether as a guest or a registered user. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you agree to be bound and abide by these Terms of Use, our Privacy Policy, and all other operating rules, policies and procedures, including, without limitations those related to ordering and delivery, all of which are incorporated into these Terms of Use by reference. If you object to any of the terms in this Agreement, please do not access or use the Site, sign up for an account or purchase any products or services.

This Agreement sets forth the legally binding terms for your use of the Site, any account you may establish on the Site and your purchase or use of any products or services offered on the Site. By accessing and/or using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Agreement and to abide by all of the terms and conditions set forth in this Agreement.

The Company reserves the right, at any time, to modify, suspend, or discontinue the Site or any Site feature with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

LIMITED LICENSE TO SITE.

Jackava, LLC grants you a limited, revocable, and non-exclusive license to make personal, non-commercial use of the Site. Any unauthorized use of the Site shall terminate any license or permission granted by Jackava, LLC.

ELIGIBILITY.

You represent and warrant that you are at least 18 years old. If you are under 18 years old, you agree to only use the Site with supervision and involvement of your parent or legal guardian.

REGISTRATION.

In order to use certain features of the Site (e.g., purchasing products), you must register for an account with the Company and provide certain information about yourself as prompted by the registration form. Whenever you provide the Company information on the Site, you agree to: (a) provide true, accurate, current, and complete information, and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. You may de-activate your account at any time, for any reason. The Company may suspend or terminate your account at any time, for any reason, without notice to you. If you provide any information that is, or the Company suspects is, untrue, inaccurate, not current or incomplete, the Company may without notice suspend or terminate your access to the Site and refuse any and all current or future use of the Site (or any portion of the Site).

PASSWORD AND SECURITY.

If any portion of the Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify the Company of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which the Company may otherwise have, the Company reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including, without limitation, terminating your account, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, the Company may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall the Company be held liable to you for any liabilities or damages resulting from or arising out of (a) any action or inaction of the Company under this provision, (b) any compromise of the confidentiality of your account or password and (c) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder.

The security of your personally identifying information is important to us. While there is no such thing as perfect security on the internet, the Company will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree such steps do not guarantee use of the Site is invulnerable to all security breaches, and the Company makes no warranty, guarantee, or representation that use of any of the Site is protected from viruses, security threats or other vulnerabilities.

USER CONTENT.

User Content” means any and all information and content that you submit to the Company through the Site or by any other means, including through social media (e.g., Facebook, Twitter), or that you use with the Site (e.g., a user profile or a feedback submission). You may control the amount of information that is accessible to the Company by adjusting your Facebook account privacy settings. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You affirm, represent, and warrant that: (a) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (b) your User Content does not violate this Agreement. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by the Company. Because you alone are responsible for your User Content (and not the Company), you may expose yourself to liability if, for example, your User Content violates this Agreement. The Company is not obligated to backup any User Content, makes no representation that it will do so, and you agree that the Company may delete User Content at any time.

LICENSE OF USER CONTENT.

By submitting your User Content or using it with the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, the Company social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights or attribution with respect to your User Content. The Company will treat any feedback, communications, or suggestions you provide to the Company as non-confidential and non-proprietary. Thus, in the absence of a written agreement with the Company to the contrary, you agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

PROPRIETARY RIGHTS.

You agree that the Site, the content and all related copyrights, trademarks, patents, trade secrets and other proprietary rights are owned exclusively by the Company or its affiliates and protected by federal, state and common law intellectual property laws. All content, and the selection, arrangement, coordination, compilation and derivatives of such content, is copyrighted under the U.S. and international copyright laws and owned exclusively by the Company or its affiliates. You may not modify, remove, delete, transmit, transfer or sell, create derivative works from, or in any way exploit any of the content, in whole or in part, whether yourself or by assisting others to do any of the foregoing. Except as expressly permitted under U.S. copyright law, you may not upload, post, reproduce or distribute in any way content protected by copyright, or other proprietary right, without first obtaining permission of the owner of the copyright or other propriety right.

The names Jackava, LLC, JAM Flowers, LLC, Joseph A. Fluehr III Funeral Home, Inc., and the logos, designs and service names on the Site (the “Company Marks”) are trademarks and trade dress owned exclusively by the Company or its affiliates and are protected under United States trademark law. Your limited license to use the Site does not include any right to use the Company Marks or content in any manner without the Company’s prior written authorization. Without limiting the foregoing, you may not use any the Company Marks or content in connection with a product or service that is not the Company’s, in any way that is likely to cause confusion among consumers or is disparaging or defamatory in any way.

THIRD PARTY WEBSITES.

The Site may contain links to other websites not operated by the Company, which are completely independent of the Site. Your interactions with such third party sites, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such organizations and/or individuals. The Company makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such Site. The inclusion of any links to other websites does not imply affiliation, endorsement, or adoption by the Company of those websites or the contents of any such website. The Company is not responsible for the content, links, or privacy of any linked website. Access to any other websites linked to the Site is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including, without limitation, privacy and data gathering practices, of such third-party website.

RULES OF CONDUCT.

As a condition of use, you agree not to use the Site for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Site. You shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Site, including without limitation any User Content, that:

Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

You know is false, misleading, untruthful or inaccurate;

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by the Company in the Company’s sole discretion;

Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the Company or of any third party;

Impersonates any person or entity, including any of the Company’s employees or representatives; or

Includes anyone’s identification documents or sensitive financial information.

You shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass, circumvent or attempt to bypass or circumvent any measures the Company may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any content from the Site; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation, any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate or otherwise create derivative works of any part of the Site, or (iii) copy, rent, lease, distribute or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

The Company reserves the right to access, read, preserve, and disclose any information as the Company reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

DISCLAIMER OF WARRANTY.

The Site and all information, materials, products (including, without limitation, software), services, content, and the Company Marks included on or otherwise made available to you through the Site are provided by the Company “as is” and on an “as available” basis. The Company makes no warranties, including, without limitation, with respect to the operation of the Site or to the information, materials, products, services and the Company Marks included on or otherwise made available to you through the Site, whether express or implied, oral or in writing, in fact or arising by operation of law, course of dealing, usage of trade, or otherwise. To the greatest extent permitted by applicable law, the Company disclaims and you waive all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, accuracy, title or non-infringement. The Company makes no warranty that use of the Site will be uninterrupted or error-free. The Company makes no warranty and disclaims any liability regarding the accuracy or validity of any data, materials and/or information available through use of the Site or residing on or passing through any interconnecting networks used in connection with the Site.

LIMITATION OF LIABILITY.

Except as otherwise stated in these Terms, any action brought by you in connection with or arising out of these Terms or the use or possession of the products must be commenced within one (1) year after such cause of action accrues or it will be waived. In no event shall the Company, its affiliates, or their respective employees, agents, managers, directors, members, shareholders, or officers (collectively, the “Company Parties”) be liable to you or any third party for any claims, losses or damages arising from reliance on any data, materials, content, products, services or information available on or obtained through use of the Site. The Company Parties shall not be liable for, and you shall be solely responsible for, your hardware, network connectivity, hosting services, operational software, third party software, security, the backup and storage of any data, and the acts and omissions of your vendors. In no event shall any Company Party be liable for any damages of any kind, including, without limitation, any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or the theft, destruction, damage or unauthorized access to your computer system or network, arising from use of the Site or any information, materials, products (including, without limitation, software), services, content or the Company Marks included on or otherwise made available to you through the Site, however caused, including, without limitation, any consequential, incidental, punitive, indirect, direct, exemplary or special damages, even if the Company Party has been advised of the likelihood of such damages occurring.

You acknowledge the Company is not liable to you or any third party for any defamatory, offensive, infringing, or illegal conduct or material found on or in connection with or transmitted through this Site, including, without limitation, such conduct or material transmitted by any means by any other person.

You understand your use of the Site and reliance on its materials is at your sole risk. Certain state laws do not permit exclusions of certain damages or limitations of implied warranties. If these laws apply to you, some of the above may not apply to you and you may have additional rights.

INDEMNITY.

You agree to indemnify and hold harmless the Company Parties from and against any claim or demand, including reasonable attorneys’ fees, made by a third party related to or arising out of your: (a) access or use of the Site; (b) failure to access or use the Site; (c) breach of this Agreement, including, without limitation, the Privacy Policy; or (d) violation of any applicable law or the rights of a third party.

APPLICABLE LAW; JURISDICTION; VENUE; INJUNCTIVE RELIEF.

By visiting the Site, you agree that the laws of the Commonwealth of Pennsylvania, except with respect to that body of law relating to choice of law, shall govern this Agreement and any other dispute arising between you and the Company. You also consent to exclusive jurisdiction and venue in the state courts located in Bucks County of the Commonwealth of Pennsylvania and in the United States District Court for the Eastern District of Pennsylvania. You further irrevocably waive any right you may have to trial by jury in any such dispute, action, or proceeding.

Notwithstanding anything to the contrary in this Agreement, the Company may seek injunctive or other appropriate relief, without the need to post a bond, in any state or federal court in the Commonwealth of Pennsylvania to the extent you infringe or otherwise violate the Company’s intellectual property rights. Any award made by a court in conjunction with litigation between the parties regarding this Agreement shall include an award of all reasonable attorneys’ fees and legal costs incurred by the party in whose favor the final decision is rendered.

MODIFICATIONS.

The Company reserves the right to make modifications to this Agreement from time to time and will post a notification of such changes on the Site. You are responsible for periodically checking the Site to become aware of any such modifications.

INDEPENDENT CONTRACTORS.

No agency, association, partnership, or joint venture between you and the Company is intended or created by this Agreement.

SITE SECURITY.

Violating the security of the Site is prohibited and may result in criminal and civil liability. The Company may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including, without limitation, any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, system flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header or any part of a message header, and using manual or electronic means to avoid any use limitations.

ENFORCEMENT.

The Company reserves the right but does not assume the obligation to strictly enforce this Agreement, including, without limitation, by issuing warnings, suspension, or termination of access to the Site and/or services, and/or by removing, screening, or editing of content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.

The Company may access, use, and disclose transaction information and any content provided by you to comply with the law (e.g., a lawful subpoena) or based on the Company┬┤s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including, without limitation, this Agreement), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of the Company’s services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. Indirect, attempted, or actual violations of this Agreement by you or any third party on your behalf shall be considered violations of this Agreement by you.

ENTIRE AGREEMENT.

This Agreement, including all documents incorporated by reference herein, constitutes the complete agreement between you and the Company and supersedes all previous communications, representations, proposals or agreements, either oral or written, with respect to the Site and any information, materials, products, services, the Company Marks or content available through the Site. If any provision of this Agreement shall be deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of this Agreement. This Agreement may be waived, only by a written instrument signed by the party waiving compliance. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

CONTACT INFORMATION.

Please direct all inquiries regarding the Site or this Agreement to JACKAVA LLC, c/o jackavallc@gmail.com

Last updated, modified or amended: April 19, 2017