Welcome to www.mottspry.com and/or our sister sites, www.floracracy.com and www.pedls.com. These websites (the "Sites") are comprised of various web pages operated by Mott & Spry, Inc. ("Mott & Spry"). They are e-commerce websites designed to share information on flowers and floral design. We also strive to provide educational and inspirational opportunities to help our clients and guests get what they want from their flowers (collectively the "Services").
Use of the Sites is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). By accessing the Sites, you are agreeing to be bound by these Terms, along with all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this website.
3. Electronic Communications
Visiting the Sites or sending emails to Mott & Spry, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communications be in writing.
4. Your Account
If you use the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities (including any purchases or other activities that result in charges) that occur under your account password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mott & Spry is not responsible for third party access to your account that results from theft or misappropriation of your account. Mott & Spry and its associates and affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
5. Cancellation/Refund Policy
If you are unhappy with a Mott & Spry product, please contact us at firstname.lastname@example.org with any questions. We reserve the right to terminate or suspend any account that we feel has or is abusing the refund policy.
6. Links to Third Party Sites/Third Party Services
The Sites may contain hyperlinks to other websites ("Linked Sites"). The Linked Sites are not under the control of Mott & Spry, and Mott & Spry is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Mott & Spry provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mott & Spry of the Linked Site or any association with its operators.
Certain services made available via the Sites are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.mottspry.com domain, the www.floracracy.com domain, or www.pedls.com domain, you hereby acknowledge and consent that Mott & Spry may share such information and data with any third party whom Mott & Spry has a contractual relationship to provide the requested product, service, or functionality on behalf of the Sites’ users and customers.
7. No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of Mott & Spry or its suppliers or affiliates and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and not to make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. Mott & Spry content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mott & Spry and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mott & Spry or our licensors except as expressly authorized by these Terms.
User Created Content
During the course of your use of the Sites, you will be given the opportunity to post, upload, provide input, including but not limited to creating and designing your own floral and related creations (“User Content”). Your use of the Sites acknowledges your agreement that User Content, and all rights related thereto, including, without limitations, copyright, belongs to and shall be the sole and exclusive property of Mott & Spry.
If for any reason the User Content cannot be owned by Mott & Spry, your use of the Sites confirms your agreement to grant Mott & Spry a worldwide perpetual royalty free irrevocable non-exclusive right to use (in any way whatsoever) the User Content or any derivative works therefrom. You agree to allow Mott & Spry to market, use or exploit the User Content in any manner, including reproduction onto other websites, in print or otherwise.
By posting, uploading, inputting, providing, or submitting the User Content, you warrant and represent that you own or otherwise control all of the rights to the User Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the User Content.
No compensation will be paid with respect to the use of the User Content, as provided herein. Mott & Spry is under no obligation to post or use any of the User Content you may provide and may remove any User Content at any time in Mott & Spry’s sole discretion.
Please note that anything you submit cannot be categorized or treated as confidential, private, or otherwise protected. You should not submit anything that you wish us to hold in such a regard.
9. Use of Communication Services
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or service for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
Mott & Spry has no obligation to monitor the Communication Services. However, Mott & Spry reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mott & Spry reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Mott & Spry reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Mott & Spry’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mott & Spry does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Mott & Spry specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized by Mott & Spry spokespersons, and their views do not necessarily reflect those of Mott & Spry.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload any such materials.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials on our websites may be made available via our websites by third parties that are not within our control. We are under no obligation to, and do not, scan content used in connection with our websites for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe upon another party’s copyright to remain on our websites.
If you believe any materials on our websites infringe upon a copyright, you should provide us with written notice that, at a minimum, contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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, its agent, or the law; and
- 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 infringed.
All DMCA notices should be sent to our designated agent as follows:
Reno & Zahm LLP
c/o Craig P. Thomas
2902 McFarland Road, Suite 400
Rockford, IL 61107
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
11. Third Party Accounts
You will be able to connect your Mott & Spry account to third party accounts. By connecting your Mott & Spry account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
12. International Users
The Services are controlled, operated, and administered by Mott & Spry from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mott & Spry Services or content accessed through www.mottspry.com or www.pedls.com in any country or in any manner prohibited by applicable laws, restrictions, or regulations.
You agree to indemnify and hold harmless Mott & Spry, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Sites or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Mott & Spry reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mott & Spry in asserting any available defenses.
14. Liability Disclaime
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOTT & SPRY AND/OR ITS SUPPLIERS AND AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
MOTT & SPRY AND/OR ITS SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MOTT & SPRY AND/OR ITS SUPPLIERS OR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MOTT & SPRY DOES NOT GUARANTEE THE OUTCOME OF THE FLOWERS YOU PURCHASE NOR YOUR SATISFACTION WITH THEM.
15. Governing Law
Any claim relating to the Sites shall be governed by the laws of the State of Illinois, Winnebago County, without regard to its conflict of law provisions.
16. Access Restriction/Termination
Mott & Spry reserves the right, in its sole discretion, to terminate your access to the Sites and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Sites or Services. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mott & Spry as a result of this agreement or use of the Sites. Mott & Spry’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mott & Spry’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Mott & Spry with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mott & Spry with respect to the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Mott & Spry with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties to this agreement that this agreement and all related documents be written in English.
Changes to Term
Mott & Spry reserves the right, in its sole discretion, to change the Terms under which www.mottspry.com and/or www.pedls.com are offered. The most current version of the Terms will supersede all previous versions. Mott & Spry encourages you to periodically review the Terms to stay informed of our updates.
Effective as of January 1, 2015