By visiting and using this website, you agree that you have read, understood, and agree to the following Terms and Conditions of Use by The Fertile Burb.  

1. Intellectual Property

This website includes materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs, and/or graphics.  

You may view, download, print, email, and use materials from this website for personal, noncommercial purposes only.  Any reproduction or unauthorized use of any materials found on this website shall constitute infringement.

2. Visitor Comments and Posts

If you submit, comment or post any materials (such as photos, videos, or written content) to this website, you represent and warrant that: (1) you are at least 16 years old; (2) you are the owner of or have permission to share such materials; (3) you grant The Fertile Burb a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant  The Fertile Burb a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. The Fertile Burb does not claim any ownership rights in your materials.

Please choose carefully the materials that you upload to, submit to, or embed on this website. Any material you post on this website becomes public. You are responsible for your material and for any liability that may result from the material you post on this website.  You participate, comment, and post material on this website at your own risk.  Any communication by you on this website, whether by leaving a comment, contact submission form, or another interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene, or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time.  

The Fertile Burb, in its discretion, may delete or modify, in whole or part, any post, comment, or submission to this website.  The Fertile Burb does not, however, have any obligation to monitor posts, comments, or material submitted by third parties.   The Fertile Burb neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this website.  The Fertile Burb shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this website.

3. Visitor Behavior on Website

You are strictly forbidden from the following:

Causing damage to this website

Using this website for any unlawful, illegal, fraudulent, or harmful purpose or activity.

Using this website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software

Using this website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes.

Systematically or automatically collecting data from this website.  

Sharing private and proprietary information from online courses with anyone else.

The Fertile Burb may, without notice, refuse access to its website, in whole or part, to any person that fails to comply with these Terms.

4. Disclaimers

This website provides information only and does not provide any financial, legal, medical, or psychological services or advice. None of the content on this website prevents, cures, or treats any mental or medical condition. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. The Fertile Burb disclaims any liability for your reliance on any opinions or advice contained in this website.

This website is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You should consult with a professional if you have specific questions about your own unique situation.   

5. Links to Third-Party Products, Services, or Sites  

Any links to third-party products, services, or sites are subject to separate terms and conditions.  The Fertile Burb is not responsible for or liable for any content on or actions taken by such a third-party company or website. Although The Fertile Burb may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

6. Warranty

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Returns and Exchange Policy

Returns and exchanges are based on your purchase method. See below for specific guidelines for Shipping, Fresh Flowers, Workshop / Tours and Carriage House gift shop purchases. Most items are only available for return or exchange if you’ve received the wrong order, or the order arrives damaged in transit. Refunds may not include any shipping or handling charges associated with the purchase.Your refund will be credited to the original form of payment used for the original transaction. Please note that credit card refunds may take up to 15 business days for your bank to complete, depending on their processing times. 

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Fresh Flowers

If your flowers arrive damaged, you must provide photos of the flowers, within 24 hours of receiving your order, so we can properly assess their condition.

Please provide a photo, your order number and a description of the discrepancy to anna@thefertileburb.

 

Fresh flower orders canceled within 48 hours may be eligible for partial refund if they have not already been designed. All orders that have been designed and assembled are non refundable, as the blooms can no longer be re- purposed. To cancel your order please contact anna@thefertileburb.com.

The Fertile Burb SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE.

7. General Terms

These Terms shall be governed by and construed in accordance with the laws of the State of Virginia without giving effect to its conflict of laws. The nearest state and federal court to Gainesville, VA shall have exclusive jurisdiction over any case or controversy arising from or relating to this website, including but not limited to the Privacy Policy or these Terms. By using this website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts, and waive any defense of forum non-conveniens.

If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to these Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

The Fertile Burb may change, modify or update these Terms at any time without notice. Any access or use of this website by you after The Fertile Burb posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact anna@thefertileburb.com.

The Fertile Burb controls and operates this website from offices in the United States. The Fertile Burb does not represent that materials on this website are appropriate or available for use in other locations. People who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

8. Disclosure of Relationships.  

This website is written and edited by The Fertile Burb. The Fertile Burb does not accept forms of cash advertising, sponsorships, paid insertions, complimentary products, or other forms of compensation from third parties.

The Fertile Burb does not have relationships that might present a conflict of interest or influence the content of this website.

Updated on 01/01/2022