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Terms of use agreement          August 13">

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Terms of use agreement          August 13, 2000

Interiorplantscaper.com provides this Web site as a service to our users. By participating in the site, you are indicating that you are 18 years or older, and you agree to comply with and be bound by the following terms of use and code of ethics. We may change our Terms of Use from time to time. If we do make changes, we will update this document accordingly The date of the most recent change is shown above). Please review the terms of use carefully. If you do not agree with the terms, you should not obtain documents or review information on this site. You may print and retain a copy of this document for your records.


Code of ethics:

Interiorplantscapers
By listing your Interiorplantscape firm with interiorplantscaper.com (the site), you agree that you will conduct your business in an ethical and credible manner. You will ensure that your company is fully licensed and insured and is in compliance with all legal and code requirements of the community in which you are located. If you participate in the request for proposal process (RFP), you agree to submit your proposal by the required due date. Further, you agree that your initial submitted bid will be prepared EXACTLY according to the submitted specifications, and that you will not make any substitutions. You may make recommendations of changes that you may deem necessary in your proposal, and indicate the cost if any, of these changes, as a separate line-item.You agree that if you are the successful bidder on any project resulting from this bid process, you will install materials that are EXACTLY what were agreed to between you and the Client upon finalizing your negotiations. You agree that if you participate in the RFP process, you will be graded for your performance, and the results of this grading may be published on the site. You understand  completely that failure to abide by this code of ethics could immediately result in your right to participate in the site being permanently revoked. You further agree to notify Interiorplantscaper.com via e-mail,within 5 (five) days of any successful bid awarded through the use of this site.

Vendors:
By listing your company as a supplier to interiorplantscapers and a participant on Interiorplantscaper.com (the site), you agree that you will conduct your business in an ethical and credible manner. You ensure that your company is licensed and insured and is in compliance with all legal and code requirements of the community in which you are located. You further agree that if you are an advertiser or lister on Interiorplantscaper.com, all products and services offered by you will be COMPLETELY true to their specifications, and will not be mis-represented. Further, you agree that ALL participants in this community (the site) will be treated fairly and EQUALLY by your company should they enter into any business transactions with you. You understand  completely that failure to abide by this code of ethics could immediately result in your right to participate in the site being permanently revoked.

Design Professionals, Property Managers & other specifiers:
When using the request for proposal (RFP) feature of Interiorplantscaper.com, you agree completely that you will only submit bonafide RFP's and will NOT request proposals unless there is an actual intent to award the project to one of the competing bidders. You agree that if you participate in the RFP process, you will   have the option of grading bidders on their performance, and the results of this grading may be published on the site. You understand  completely that failure to abide by this code of ethics could immediately result in your right to participate in the site being permanently revoked. You further agree to notify Interiorplantscaper.com via e-mail,within 5 (five) days of any successful bid awarded through the use of this site.

1. Ownership
Interiorplantscaper.com. and it's suppliers and/or partners and affiliates own all content, materials, forms, agreements, documents, photographs and other items on the site (collectively "materials"). You have no ownership interest in materials, but Interiorplantscaper.com. grants you a limited license to view and use materials described in Section 2 (License). Materials are protected under the appropriate copyright, trademark, trade secret, intellectual propert laws in the United States and around the world. You have no other right to view, use, copy, perform, display, or modify materials except as described in Section 2 (License). Interiorplantscaper.com  may modify, add to or delete any materials at any time, without notice to, or permission from you or any third party.

2. License
Subject to your performance of your obligations under this Agreement, Interiorplantscape.com hereby grants you a limited, revocable, non-exclusive, non-transferable license (without the right to grant sublicenses) to view and use the Site and the Materials solely for your own internal business purposes. You may not republish,"mirror", "frame", transfer, or otherwise make available to third parties the Site or the Materials except with the prior, written consent of Interiorplantscaper.com

3. Forms
YOU UNDERSTAND AND AGREE THAT THE MATERIALS MAY CONTAIN SAMPLE OR FORM AGREEMENTS, LETTERS OR OTHER DOCUMENTS ("FORMS"). FORMS MAY INCLUDE FINANCIALLY— OR LEGALLY — SIGNIFICANT DOCUMENTS, SUCH AS CONTRACTS, LEASES, BALANCE SHEETS, ASSIGNMENTS AND OTHER ITEMS, AND ARE PROVIDED TO YOU SOLELY AS EXAMPLES OF TYPICAL DOCUMENTS OF THEIR KIND. THE DELIVERY AND USE OF FORMS DOES NOT CONSTITUTE LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE, AND YOU ARE URGED TO CONSULT AN APPROPRIATE PROFESSIONAL LICENSED IN YOUR JURISDICTION BEFORE USING ANY FORMS. YOU THEREFORE ASSUME ALL RISK ASSOCIATED WITH FORMS, AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Interiorplantscaper.com, ITS PARENT, SUBSIDIARIES, AFFILIATEDCOMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS, OR ANY LOSSES OR LIABILITIES (INCLUDING ATTORNEYS' FEES AND COSTS) ASSOCIATED WITH SUCH CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS, ARISING FROM ANY BREACH OF THIS AGREEMENT BY YOU OR ANY USE BY YOU OF THE SITE OR THE MATERIALS, INCLUDING WITHOUT LIMITATION THE FORMS.

4. Registration and Personal Information
You may have the opportunity to provide certain personal information at the Site directly to Interiorplantscaper.com or through your use of Third Party Services. The collection or use of personal information by Interiorplantscaper.com shall be governed by the Interiorplantscaper.com Privacy Policy, as modified from time to time by Interiorplantscaper.com; the terms of such Privacy Policy are hereby incorporated into this Agreement by reference. You understand and agree that the collection or use of your personal information by third parties shall be governed by any agreement or privacy policy in effect between you and such third parties, if any, and Interiorplantscaper.com shall have no liability whatsoever for any such collection or use.

5. Community
The Site contains areas such as message boards, mailing lists and directories (collectively, "Site Facilities"), where you may share information with other users. You agree that if you use any Site Facilities, you shall not share, post, transmit or otherwise disseminate any unlawful, defamatory, libelous, threatening, abusive, offensive, racist, vulgar, harassing, pornographic or obscene material of
any kind, or materials that would infringe or violate the rights of any person or constitute a criminal offense or otherwise violate any applicable local, state, national or foreign law. You understand and agree that you shall not use the Site Facilities for advertising or commercial promotion of yourself or any third party. Interiorplantscaper.com does not monitor Site Facilities on a regular basis, but may do so without notice to, or permission from, you or any third party. Interiorplantscaper.com shall have the right, but not the obligation, to remove any material from Site Facilities as Interiorplantscaper.com sees fit at any time. You understand and agree that Interiorplantscaper.com, its parent, subsidiaries, affiliated companies, agents, shareholders, employees and officers shall have no liability whatsoever for any information or material contained or shared at Site Facilities.

6. Disclaimer
THE SITE AND THE MATERIALS ARE PROVIDED ON AN AS IS BASIS, WITHOUT ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Interiorplantscaper.com HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SITE AND THE MATERIALS (INCLUDING WITHOUT LIMITATION THE FORMS) MAY BE INCORRECT, OUT OF DATE, INAPPROPRIATE FOR ANY PARTICULAR TRANSACTION, AND MAY CONTAIN "BUGS", ERRORS,
DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR NOT PRODUCE RESULTS AS EXPECTED.

7. Damages
IN NO EVENT SHALL Interiorplantscaper.com, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES OR OFFICERS HAVE ANY LIABILITY HEREUNDER TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Interiorplantscaper.com, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS
EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Interiorplantscaper.com AND YOU. THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

8. Grant of Rights
You represent and warrant that all information provided by you in whatever format shall be non-confidential to you or any third party, and Interiorplantscaper.com may use or disclose such information without notice to, or permission from, you or any third party, subject only to the Interiorplantscaper.com Privacy Policy as described in Section 4 ("Registration and Personal Information"). You hereby grant to Interiorplantscaper.com a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, transferable license (with a right to grants sublicenses through multiple tiers of sublicensees) to use, execute, display, copy, perform and modify such information as
Interiorplantscaper.com sees fit and for any purpose whatsoever.

9. Exchange
The Site offers a feature known as the Exchange ("Exchange") that allows potential providers of goods and services ("Sellers") to contact potential buyers of such goods and services ("Buyers"). If you use the Exchange, the following terms apply to you:

a.Access. Interiorplantscaper.com shall provide you a user identification ("User ID") and a password ("Password") in order to gain access to the Exchange. You shall not disclose such Password to any third party, and shall not use the Password or User ID for any purpose other than gaining access to the Exchange; b.Use. You may use the Exchange to notify, be notified by, and communicate with other Buyers and
Sellers regarding your lawful, honest and accurate offers or solicitations to acquire goods and services only. Any use of the Exchange for any other purpose, including any illegal, unethical, dishonest, deceitful or misleading transaction or activity, including without limitation any mass
distribution of unsolicited commercial email or "Spam", is strictly prohibited. Without limiting the generality of the foregoing, if you are a Seller, you may post information about the goods and services you wish to offer on the Exchange. If you are a Buyer, you may post information about
the goods and services you are seeking in the form of a request for proposal ("RFP"), in the format required by the Exchange. You understand and agree that Interiorplantscaper.com does not verify the content of any postings, including any RFPs, and that content may be inaccurate, untimely, incomplete or wrong. Interiorplantscaper.com makes no representations as to your experiences when you use the Exchange, or
your ability to obtain or exploit any leads, sales, agreements, contracts or other arrangements or benefits from the Exchange. Your communications with Buyers and Sellers are your responsibility, and Interiorplantscaper.com has no responsibility with respect thereto. Interiorplantscaper.com make no representations as to the true identity of any Buyers or Sellers, their abilities or truthfulness, the functionality of the Exchange, the quality of any goods or services on the Exchange, or any matter whatsoever. You agree to use caution and common sense at all times while using the Exchange. c.Disclaimer. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SHALL FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS Interiorplantscaper.com, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS, OR ANY LOSSES OR LIABILITIES (INCLUDING ATTORNEYS' FEES AND COSTS) ASSOCIATED WITH ANY SUCH CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS, ARISING FROM ANY USE BY YOU OF THE EXCHANGE. d.Rating and Fees. You understand and agree that Interiorplantscaper.com may, with or without notice to you or any third party, require that Buyers and Sellers, including you, submit to a rating system, whereby their conduct and activities are subject to review, comment and rating by other Buyers and Sellers. You further understand and agree that Interiorplantscaper.com may, with or without notice to you or any third party, require that Buyers and Sellers, including you, pay certain fees as a condition of continuing use of the Exchange.

10. General
This Agreement constitutes the entire and only agreement between Interiorplantscaper.com and you regarding the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the information provided by or through the Site, and the subject matter of this Agreement. You agree to review this Agreement prior to reviewing any information or
obtaining any documents from the Site. Any action related to this Agreement shall be governed by the substantive laws of the State of Florida, without regard to conflicts of laws principles. The State and Federal courts located in Dade County FL, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts and to extra-territorial service of process. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole in part, by you without the prior, written consent of
Interiorplantscaper.com. Any purported assignment without such permission shall be void. Interiorplantscaper.com may assign this Agreement, in whole or in part, without notice to you or any third party. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed, and the remaining terms shall be separately enforced. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. In the event of any conflict between this Agreement and the Privacy Policy or any other terms on the Site, this Agreement shall control.

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