Updated and effective as of April 1, 2020
By using the Site, including but not limited to, setting up a Site account or purchasing any products or services through the Site, you agree to be bound by these TOU. Use of the Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices. If you do not agree to be so bound, you are not authorized to use the Site. These TOU are a legal contract between you and Grace Rose Farm and govern your access to and use of the Site together with any services offered through the Site. If you are using the Site on behalf of a business entity, you represent that you have the authority to bind the entity to this Agreement. Your rights to use the Site are limited by applicable federal, state, and local laws and regulations.
Grace Rose Farm may offer promotions, sweepstakes, contests, services, or features that have their own terms, and to the extent any portion of those special terms conflict with these TOU, the special terms will govern for that specific portion.
By accepting these TOU and using the Site, you consent to receive electronically all communications or notices sent by Grace Rose Farm with regard to the Site and these TOU to any email address you provide to us. It is your responsibility to update your contact information provided to Grace Rose Farm. In order to receive electronic communications, you must have a working connection to the internet and meet any specifications required by your email service provider.
The gracerosefarm.com Site
Information contained on the Site is provided for informational purposes only. You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from Grace Rose Farm.
Any and all Site services and products are subject to availability. While Grace Rose Farm will try its best to make the Site content useful, Grace Rose Farm does not warrant that any Site content will be useful or reliable. Grace Rose Farm does not offer legal or financial advice through the Site. Nothing in these TOU nor on the Site is to be interpreted as legal or financial advice or guidance.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE SITE SERVICES AND PRODUCTS. EXAMPLES AND TESTIMONIALS ON THE SITE ARE NOT TO BE INTERPRETED AS PROMISES OR GUARANTEES OF RESULTS.
RESULTS WILL VARY PER USER/PERSON. Your level of success in attaining the results claimed in our materials depends on a number of factors. THESE FACTORS VARY ACCORDING TO USERS, AND THEREFORE, Grace Rose Farm CANNOT GUARANTEE YOUR RESULTS.
Product Order Terms
Your purchase of any goods or products through the Site is subject to the terms and conditions stated on the applicable order form(s) and the applicable terms stated in these Terms. All prices are subject to change.
Grace Rose Farm uses Federal Express Priority Overnight service as the carrier of choice (common carrier) for all cut rose orders. FedEx Ground shipping and other FedEx Express delivery options as used for non-perishable products sold by Grace Rose Farm.
Garden Roses are Perishable
Garden Roses are a perishable commodity. Roses do not like extreme temperatures: storing them in hot and cold environments may adversely affect the vase life of the roses. When your order is delivered by the common carrier for delivery, responsibility for the roses becomes the responsibility of the purchaser.
States Authorized for Direct Shipment
Due to Agriculture laws and overnight shipping options, Grace Rose Farm only ships to the lowest 48 states. We cannot ship outside the United States at this time.
Intellectual and Other Property
All content on the Site is the property of Grace Rose Farm including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred hereafter as "Grace Rose Farm Content").
Certain elements of the Site, including but not limited to, text, graphics, photos, images, video, audio, color selections, and organization and layout, are copyright protected under United States and international copyright laws. Any Grace Rose Farm Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission, except that you may print out one copy of each Site page solely for non‑commercial personal or educational use. No right, title, or interest in any Grace Rose Farm Content is transferred to you as a result of you accessing, downloading, or printing such content from the Site. Any use of Grace Rose Farm Content must display the appropriate copyright, trademark, and other proprietary notices.
If you no longer wish Grace Rose Farm to use your written testimonial statement, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.
Suggestions. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Grace Rose Farm and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
You acknowledge that you have no right, title, or interest in or to the Site and/or Grace Rose Farm Content..
There may be other content located on the Site not owned by Grace Rose Farm, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Grace Rose Farm.
Copyright Infringement Notification
If you believe that any content on the Site infringes your copyright and you want the content removed from the Site, may notify Customer Support
, by providing the following information:
• 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 works at a single online site are covered by a single notification, a representative list of such works at that site.
• 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 access to which is to be disabled and information reasonably sufficient to permit Grace Rose Farm to locate the material.
• Information reasonably sufficient to permit Grace Rose Farm to contact you as 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.
• 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.
We will process and investigate the claim and will take appropriate actions, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
You acknowledge that any opinions and/or recommendations contained on the Site are not necessarily those of Grace Rose Farm, nor endorsed by Grace Rose Farm. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE IS DONE AT YOUR OWN RISK.
Grace Rose Farm does not guarantee or promise that any opinions and/or recommendations on the Site are accurate or will be helpful to any issue you may have.
You agree that Grace Rose Farm is not liable to you or anyone else for any harm that might arise as a result of using and/or implementing in any manner any of the opinions or recommendations found on the Site.
Grace Rose Farm is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches or any other unauthorized access to Grace Rose Farm's computer or network systems, including any Grace Rose Farm hardware or devices, that may or may not result in the disclosure of your personal information you provided to us.
YOU AGREE THAT any and all disputes relating to these TOU, the Site, and/or any goods or services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of California, without regard to any conflict of laws provisions.
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state or federal courts of California (closest to Santa Barbara, California) (USA) for any litigation arising out of or relating to these TOU or the use of the Site.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO waive any objection to the venue of any such litigation in the state or federal courts of California (closest to Santa Barbara, California).
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any California state or federal court (closest to Santa Barbara, California) that such litigation brought therein has been brought in an inconvenient forum.
YOU AGREE THAT Grace Rose Farm will be irreparably injured if the provisions of this Agreement are breached by you and/or not specifically enforced.
YOU AGREE THAT if you commit or, in the belief of Grace Rose Farm, threaten to commit, a breach of any of the provisions of this Agreement, Grace Rose Farm and each of its subsidiaries shall have the right and remedy, in addition to any other remedy that may be available at law or in equity, to have the provisions of this Agreement specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Grace Rose Farm and its subsidiaries, and that money damages will not provide an adequate remedy therefore.
YOU AGREE THAT any such injunction/specific performance referenced in the previous paragraph shall be available without the posting of any bond or other security, and you hereby consent to the issuance of such injunction.
YOU AGREE THAT if this Agreement is breached by you, Grace Rose Farm will be entitled to recover its legal fees and costs incurred in the enforcement of this Agreement.
If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect.
These TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Grace Rose Farm, with respect to the Site.
If you violate any portion of these TOU, Grace Rose Farm reserves the right, without an obligation to do so, to deny you access to the Site. If Grace Rose Farm terminates your access to the Site, Grace Rose Farm may also delete your Site account. Grace Rose Farm has the right to terminate any password-restricted account for any reason. If your Site account is terminated, you are prohibited from re-registering for a new Site account without first getting permission from Grace Rose Farm.
This Agreement does not create an agency, joint venture, partnership, fiduciary relationship, or any similar relationship between the parties, and neither party has the right or authority to act for, or on behalf of, the other party.
Neither party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, telecommunications or information services infrastructure failures, hacking, spam, any failure of a computer, server, or software, or acts or omissions of vendors or suppliers, beyond the control of the parties.
If you need to contact Grace Rose Farm for any reason not already specified in these TOU, please use the following contact information: Customer Service / 1475 Edison St, Santa Ynez, CA 93460 / +1 (805) 222-3133.