Terms & Conditions

Online Agreement

Updated on February 12 2013

In Water

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT") BEFORE PURCHASING OR USING THE PRODUCT (AS DEFINED BELOW). THE PRODUCT IS SOLD BY IN WATER LLC. ("COMPANY") TO YOU, THE PURCHASER ("YOU"), SOLELY FOR USE AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT PURCHASE OR USE THE PRODUCT. PURCHASING OR USING THE PRODUCT INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS.

Restrictions, Proprietary Rights and Feedback
You agree to promptly disclose to Company any flaws, errors, bugs or other problems You find in the Product. If You disclose to Company any suggested improvements or modifications of the Product (all such disclosures collectively, "Feedback"), then You agree that Company owns all right, title, and interest in and to the Feedback and all intellectual property rights inherent therein or related thereto. As such, You hereby assign to Company all right, title and interest in and to the Feedback. You further agree to do all acts reasonably required to perfect and enforce such rights.

Miscellaneous
This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges and supersedes all prior or contemporaneous oral or written discussions between them. This Agreement shall be governed by the laws of the State of California without regard to conflict of laws principles. The parties hereby submit to the personal jurisdiction of, and agree venue is proper in, the state courts located in Santa Clara County, California and the federal courts located in the Northern District of California, as appropriate. Any suit arising out of or related to this Agreement shall be brought exclusively in such courts. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by the parties. You may not assign this Agreement (by operation of law or otherwise), without the prior written consent of Company. The parties are independent contractors, and nothing in this Agreement shall be construed to create a joint venture or partnership or otherwise give rise to fiduciary obligations between the parties. Each party will comply with all applicable laws, statutes, rules and regulations.

The following Terms & Conditions (TOS) is a legal and binding instrument entered into as of the date of electronic acceptance by Customer (the "Effective Date"), by and between In Water LLC. and you, governing your access and use of all content and functionalities of the In Water LLC. website via the URL www.inwaterflowers.com.

By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS. Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.

Registration
To use some of the services or features made available to you on this Site, you will need to register and create an account. You may never use another end user's account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure and notify In Water LLC. immediately of any breach of security or unauthorized use of your account. Although In Water LLC. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for In Water LLC.'s losses or others due to such unauthorized use.

We may change registration requirements from time to time. When you register and create an account, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address .

General Legal Terms
(a) Complete Terms: The TOS constitute the whole legal agreement between you and In Water LLC. and govern your use of the Services and completely replace any prior agreements between you and In Water LLC. in relation to the Services. Notwithstanding the foregoing, you understand that In Water LLC. may make changes to the TOS from time to time. When these changes are made, In Water LLC. will make a new copy of the TOS available at http://www.inwaterflowers.com. You agree that In Water LLC. is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.

(b) Modifications to the Services: In Water LLC. is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which In Water LLC. provides may change from time to time without prior notice to you. You further acknowledge and agree that In Water LLC. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at In Water LLC.'s sole discretion, without prior notice to you.

(c) Confidentiality: You understand that In Water LLC. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. In Water LLC. reserves the right to revoke these exceptions either generally or in specific cases.

(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that In Water LLC. has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which In Water LLC. may suffer) of any such breach.

(e) Rights Not Waived: You agree that if In Water LLC. does not exercise or enforce any legal right or remedy which is contained in the TOS (or which In Water LLC. has the benefit of under any applicable law), this will not be taken to be a formal waiver of In Water LLC.'s rights and that those rights or remedies will still be available to In Water LLC..

(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.

(g) Governing Law: The TOS, and your relationship with In Water LLC. under the TOS, shall be governed by the laws of the State of California. You and In Water LLC. agree to submit to the exclusive jurisdiction of the State and Federal courts in the state of California and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.

(h) Violation of TOS: Please report any violations of the TOS by emailing .

(i) Independent Relationship: You and are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and In Water LLC.. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.

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