Last updated: April 20, 2023

Agreement to Terms

This website, https://theonemillionroses.com, is operated by TOMR USA Inc. The terms “we,” “us,” and “our” refer to The One Million Roses. By accessing our website or purchasing from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms apply to all users, including browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before using our website. If you do not agree to these Terms, you may not access or use the website or its services. These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and TOMR USA Inc. Continued use of the site after updates to these Terms constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform enabling us to offer our products and services to you.

Section 1 – Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for your minor dependents to use this site. You may not use our products for illegal or unauthorized purposes, nor violate any laws in your jurisdiction (e.g., copyright laws). You must not transmit viruses, worms, or destructive code. Violating any Terms may result in immediate termination of your access to our Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone at any time for any reason. Your content (excluding credit card information) may be transferred unencrypted across networks to meet technical requirements. Credit card information is always encrypted during transmission. You agree not to reproduce, duplicate, copy, sell, or exploit any part of the Service without our express written permission. Headings in this agreement are for convenience and do not affect the Terms.

Section 3 – Accuracy, Completeness, and Timeliness of Information

We are not responsible for inaccurate, incomplete, or outdated information on our site. Content is provided for general information only and should not be relied upon solely for decision-making without consulting primary sources. Historical information is provided for reference only. You are responsible for monitoring changes to our site.

Section 4 – Modifications to the Service and Prices

Product prices are subject to change without notice. We may modify or discontinue the Service (or any part thereof) at any time without notice and are not liable for any resulting impacts.

Section 5 – Products or Services

Some products or services are available exclusively online and may have limited quantities, subject to our Return Policy. We strive to display product colors and images accurately but cannot guarantee your device’s display accuracy. We may limit sales to specific persons, regions, or jurisdictions and reserve the right to discontinue products or change descriptions and pricing at any time. We do not warrant that products or services will meet your expectations or that errors will be corrected.

Section 6 – Accuracy of Billing and Account Information

We may refuse, limit, or cancel orders at our discretion, including those from the same account, credit card, or billing/shipping address. We will attempt to notify you of changes or cancellations using the provided contact information. You agree to provide current, complete, and accurate purchase and account information and to update it promptly as needed.

Section 7 – Optional Tools

We may provide access to third-party tools “as is” without warranties or liability. Your use of these tools is at your own risk, and you should review the terms of the third-party providers. New features or tools added to the site are also subject to these Terms.

Section 8 – Third-Party Links

Our Service may include third-party content or links to third-party websites. We are not responsible for their content, accuracy, or practices and are not liable for any damages related to third-party transactions. Review third-party policies before engaging with them.

Section 9 – User Comments, Feedback, and Other Submissions

Any submissions (e.g., contest entries, ideas, or feedback) you provide may be used by us without restriction or compensation. We are not obligated to maintain confidentiality, pay for submissions, or respond to them. We may monitor, edit, or remove content deemed unlawful or objectionable. Your submissions must not violate third-party rights, contain illegal or harmful material, or include viruses/malware. You are responsible for the accuracy and legality of your submissions.

Section 10 – Personal Information

Your submission of personal information is governed by our Privacy Policy.

Section 11 – Errors, Inaccuracies, and Omissions

Our site may contain typographical errors or inaccuracies related to product descriptions, pricing, or availability. We reserve the right to correct errors, update information, or cancel orders without prior notice, even after order submission, unless required by law.

Section 12 – Prohibited Uses

You may not use the site for unlawful purposes, to solicit illegal acts, violate intellectual property rights, harass or discriminate, submit false information, transmit malicious code, or interfere with site security. Prohibited activities include spamming, phishing, scraping, or impersonating others. Violations may result in termination of your access.

Section 13 – Intellectual Property Rights

The site, including all content (source code, designs, text, images, etc.) and trademarks, is our proprietary property or licensed to us, protected by U.S. and international copyright and trademark laws. You are granted a limited license for personal, non-commercial use only. No content may be copied, reproduced, or exploited without our express written permission.

Section 14 – User Representations

By using the site, you warrant that: (1) your registration information is accurate and current; (2) you will maintain its accuracy; (3) you have legal capacity; (4) you are not a minor; (5) you will not use automated means or engage in illegal activities; and (6) your use complies with applicable laws. Providing false information may result in account suspension or termination.

Section 15 – User Registration

You may need to register to use certain features. You are responsible for keeping your password confidential and for all account activity. We may remove or change usernames deemed inappropriate.

Section 16 – Purchases and Payment

We accept Visa, Mastercard, American Express, Discover, and PayPal. You agree to provide accurate payment and account information and to update it as needed. Sales tax and shipping fees may apply. We may refuse or limit orders and correct pricing errors, even after payment is requested or received.

Section 17 – Social Media

You may link your account to third-party social media accounts, allowing us to access and store content (e.g., friend lists) as permitted by those platforms’ terms. We are not responsible for third-party content or account availability. You can disable these connections at any time via account settings or by contacting us.

Section 18 – Site Management

We may monitor the site for violations, take legal action, restrict access, or remove content that violates these Terms or burdens our systems. We manage the site to protect our rights and ensure proper functionality.

Section 19 – Disclaimer of Warranties; Limitation of Liability

The site and Services are provided “as is” without warranties of any kind. We do not guarantee uninterrupted, secure, or error-free use, nor the accuracy or reliability of results. We are not liable for any damages (direct, indirect, consequential, etc.) arising from your use of the site or products, including unauthorized access, interruptions, or third-party content. Our liability is limited to the amount you paid us, where permitted by law.

Section 20 – Indemnification

You agree to indemnify and hold harmless TOMR USA Inc., its affiliates, and representatives from any claims, damages, or costs (including attorneys’ fees) arising from your breach of these Terms, violation of third-party rights, or harmful acts toward other users.

Section 21 – Severability

If any provision of these Terms is deemed unlawful or unenforceable, it will be severed without affecting the remaining provisions’ validity.

Section 22 – Termination

These Terms remain in effect until terminated by you or us. You may terminate by ceasing use of the site or notifying us. We may terminate your access without notice for violations, and you remain liable for any obligations incurred prior to termination.

Section 23 – Governing Law

These Terms and any related agreements are governed by the laws of Las Vegas, NV 89103, 3651 Lindell Road, USA. [Note: Please specify the governing state/country and court jurisdiction, as the original document had placeholders.]

Section 24 – Dispute Resolution

Informal Negotiations

To resolve disputes, controversies, or claims (“Disputes”), both parties agree to negotiate informally for at least [insert number] days before initiating arbitration. Negotiations begin upon written notice.

Binding Arbitration

Disputes will be resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) per its Rules. The number of arbitrators, seat, language, and governing law are to be determined. [Note: Please provide specifics for arbitrators, seat, language, and governing law, as the original document had placeholders.]

Restrictions

Arbitration is limited to individual Disputes, with no class-action or representative proceedings permitted.

Exceptions

Disputes involving intellectual property, theft, piracy, privacy invasion, or injunctive relief are not subject to arbitration and will be resolved in the courts specified in Section 23.

Section 25 – California Users and Residents

If a complaint is not resolved satisfactorily, contact the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.

Section 26 – Miscellaneous

These Terms, along with posted policies, constitute the entire agreement between you and us, superseding prior agreements. Our failure to enforce any provision does not waive it. We may assign our rights and obligations. We are not liable for delays or failures beyond our control. No joint venture or agency relationship exists between you and us.

Section 27 – Contact Us

For questions, complaints, or further information about these Terms or the site, contact us at:

TOMR USA Inc.
Las Vegas, NV 89103
3651 Lindell Road, USA
Phone: +123456789
Email: help@theonemillionroses.com