REGISTRATION AND PASSWORD
You shall only have one (1) account with the Service (which, for clarity, means that You will not register (or attempt to register) for more than one (1) account); provided that, within such personal account with the Service you may be able to open sub-accounts.
FEES; PAYMENT; RETURN POLICY
Certain products offered by (or on behalf of) Temple Flower through the Site (such as apparel, scarves and/or other accessories) will require payment by you (“Products”). You shall pay all applicable fees, as described on the Site, in connection with the Products selected by you. All fees are in U.S. dollars unless stated otherwise by Temple Flower on the Site. All fees are payable upon demand on a Visa, MasterCard, American Express, Discover credit card. Temple Flower reserves the right to change its prices (and to institute new charges) for the Products at any time. Purchases by you following the posting of such changes on the Site constitute your acceptance of any new or increased charges. All products purchased from the Site are made pursuant to a shipment contract. Risk of loss and title for such items pass to you upon our delivery to the carrier.
Purchases are subject to Temple Flower’s Shipping and Returns Policy.
INSTRUCTOR REWARDS DISCOUNT PROGRAM
At Temple Flower, we like to support fitness professionals, yoga teachers, and stylists with the goal of spreading our joy to these leaders. As a token of our gratitude for the important role these individuals play in promoting wellness, health and happiness in their communities, we offer a 20% discount on our apparel in exchange for their feedback on our fit, fabric, function, quality and design. We aspire to perfect our product through the feedback provided and this program is our way of thanking these leaders.
As with any strategic partnership, there are rules and parameters that help empower the relationship. The Temple Flower Instructor Rewards Program discount is not valid towards purchases made in studio or retail locations or other online stores carrying the Temple Flower brand. Discount is to be used by the intended partner only, and partners are required to reapply yearly to remain active. By partnering with Temple Flower, you grant permission for your photos, biographies, and links to your website to be used on our social media outlets and website must only promote the Temple Flower brand in a positive manner on social media outlets. We reserve the right to alter this agreement and its associated benefits at any time. Temple Flower offers our Instructor Rewards Program to honor and express our gratitude towards those who spread their love and brighten the world.
Your Temple Flower account Personal Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
Temple Flower endeavors to protect user information to ensure that user account information is kept private; however, Temple Flower cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
When visiting Temple Flower or sending us e-mails, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. We will communicate with you via e-mail or by posting notices on this Site. You agree that all notice, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
RULES AND CONDUCT
The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your own information purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:
• Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
• Imposes an unreasonable or disproportionately large load on Temple Flower's computing, storage or communications infrastructure or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
• 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 or other information of Temple Flower or any third party; or
• Harvests or collects any information from the Site; or
• Impersonates any person or entity, including any employee or representative of Temple Flower;
• Temple Flower may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.
THIRD PARTY SITES
The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Temple Flower's control, and you acknowledge that Temple Flower is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Temple Flower or any association with its operators.
PROPRIETARY RIGHTS AND CONTENT
You agree that all content and materials delivered via the Service or otherwise made available by Temple Flower at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Temple Flower in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Temple Flower is prohibited.
Any and all notes, messages, idea, suggestions, or other materials which are submitted to Temple Flower will become, upon submission, the sole and exclusive property of Temple Flower and Temple Flower shall be and is entitled to use any kind of nature of material which submitted for any type of use in perpetuity, and including in any and all media whether now knows or hereafter devised. By submitting material to this Site, Temple Flower has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation. As a result, do not send any creative materials such as stories, product ideas, catalog ideas, or original artwork as in choosing to do so, you are forever assigning all rights in such original creative materials to Temple Flower. By submitting any materials of any kind to Temple Flower, you represent and warrant that you hold all necessary right, title, and license to such materials and that your submission of such materials to Temple Flower does not and will not violate or infringe the rights of any third-parties.
Temple Flower, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates is fully indemnified from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney’ fees, resulting from your breach of any of these terms and conditions, including but not limited to, any allegations, damages or claims relating to any of your communication in any forums or facilities on the Site, or for violation or infringement of any third-party rights.
Temple Flower may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS AVAILABLE THROUGH THE SERVICE, INCLUDING GRAPHICS, TEXT, AND LINKS) IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TEMPLE FLOWER, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICATION LAW, IN NO EVENT SHALL TEMPLE FLOWER, ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE) FOR ANY: (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (IV) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.) (PROVIDED THAT, IN THE CASE OF CLAIMS RELATED TO PRODUCTS YOU PURCHASED FROM TEMPLE FLOWER, SUCH AMOUNT SHALL BE THE PURCHASE PRICE). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Temple Flower, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses (including attorneys' fees) that arise from your use or misuse of the Service.
Temple Flower makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where such Content is illegal. Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (a) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (b) anyone to the United States Treasury Department’s list of Specially Designated Nations or the US Commerce Department’s Table of Deny Orders. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
DIGITAL MILLENNIUM COPYRIGHT ACT
“Temple Flower” as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Sky Wellness, Inc. or its licensors, supplier or partners and is protected by United States and international copyright laws. Images of people, places and/or products posted on this Site are either the property of Sky Wellness and/or Temple Flower or are used by us with express permission. The compilation of this Site is the exclusive property of Sky Wellness and/or Temple Flower and is protected by United States and international copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statues. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited. Use of the materials or content on this Site may only occur with Sky Wellness and/or Temple Flower’s prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us by emailing email@example.com.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.
You may contact Temple Flower at: firstname.lastname@example.org
Effective Date: September 1, 2014