1.    Introduction

Information on the Web site is provided for information purposes only. The facts and data provided are believed to be reliable when posted. Flowers and Associates LLC. which carries on business as Flowers and Associates LLC. “Flowers and Associates LLC.”, cannot guarantee that they are accurate or complete or that they will be current at all times.  Information on the Web site is not intended to provide legal, accounting, tax or business advice and should not be relied on in that regard. The information on this Web site is subject to change without notice.

2.    No Warranties

All information, content, products, and services on the web site, or obtained from a web site to which the web site is linked (a “linked Web site”) are provided to you “as is” without warranty of any kind from Flowers and Associates LLC., either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.  Flowers and Associates LLC. does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Web site or a linked web site by any party other than Flowers and Associates LLC., or the capabilities or reliability of any product or service obtained from a linked web site.  Other than as required under applicable consumer protection law, under no circumstance will Flowers and Associates LLC. be liable for any loss or damage caused by a user’s reliance on information obtained through the Web site or a linked web site, or user’s reliance on any product or service obtained from a linked web site.  It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Web site, or obtained from a linked web site.  Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.  Flowers and Associates LLC. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Web site or otherwise relating to such materials or on any web sites linked to the Web site.  Flowers and Associates LLC. does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Web site or the server that makes them available are free of viruses or other harmful components.

3.    Limitation of Liability For Use of the Web site and Linked Web sites

The information, software, products and descriptions of services published on the Web site or a linked web site may include inaccuracies or typographical errors, and Flowers and Associates LLC. specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the Web site and linked web sites. Flowers and Associates LLC. may make improvements or changes to the Web site at any time.  You agree that Flowers and Associates LLC., its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, indirect, punitive, consequential, incidental or special damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Web site or a linked Web site, or with the delay or inability to use the Web site or a linked Web site, even if Flowers and Associates LLC. is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labour problems or any force majeure. Flowers and Associates LLC. cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.

4.    Links to Third Party Web sites

The Web site contains linked Web sites.  Flowers and Associates LLC. has not investigated, monitored or reviewed these links and is not responsible for the content, accuracy, or opinions expressed in these linked Web sites. The inclusion of any link does not imply approval or endorsement by Flowers and Associates LLC. of the linked Web sites.  If you decide to leave our site and access these third party sites, you do so at your own risk.

5.    Your Submissions

Subject to the Privacy Policy, any material, information, or idea submitted or posted on the Web site will be considered non-confidential and non-proprietary.  Flowers and Associates LLC. reserves the right to maintain, copy, use, record, store and disseminate any information given to us by you for internal purposes in compliance with applicable law.  Additionally, Flowers and Associates LLC. reserves the right to disclose the information as required by law.

Subject to the Privacy Policy, if you submit any material, information, or idea to the Web site, then you grant Flowers and Associates LLC. a non-exclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the submitted material, information, or idea.  Flowers and Associates LLC. shall be entitled to use the material for any type of use, including promotional and advertising purposes, forever including in any media whether now known or hereafter devised.

Flowers and Associates LLC. is under no obligation to review any messages, information or content (“Postings”) posted on the Web site by you and assumes no responsibility or liability relating to any such Postings.  Notwithstanding the above, Flowers and Associates LLC. may from time to time monitor the Postings on the Web site and may decline to accept and/or remove any Postings that contain:
(a)    any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, provincial, federal or international law;
(b)    viruses or other contaminating or destructive features;
(c)    advertisements or solicitations of any kind;
(d)    messages posted by users impersonating others;
(e)    personal information including, but not limited to, messages with contact information, social insurance numbers, account numbers, or employer references;
(f)    messages that offer unauthorized downloads of any copyrighted or private information; or
(g)    multiple messages placed by the same user restating the same point.

While the administrators and moderators of Flowers and Associates LLC. will attempt to remove or edit any objectionable material as quickly as possible, it is impossible to review every message.  Therefore you acknowledge that all posts made to the Web site express the views and opinions of the author and not of the administrators, moderators or webmaster and hence these persons will not be held liable.

You are solely responsible for your interactions with other users.  

Flowers and Associates LLC. reserves the right to remove any material submitted or posted by you, without notice to you, if it becomes aware and determines, in its sole and absolute discretion, that you are or there is the likelihood that you may submit or otherwise publish any materials on the Web site which is contrary to this section 5.  Flowers and Associates LLC. will fully co-operate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone submitting any materials on the Web site which is contrary to this section 5.

You agree to indemnify Flowers and Associates LLC. and its officers, directors, employees, agents, assigns, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable lawyer’s fees, resulting from your breach of any of the foregoing agreements, representations and warranties.

6.    Governing Law

This agreement shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Province of the State of Tennessee  Each of the parties irrevocably submits to the nonexclusive jurisdiction of the courts of United States of America.  No party will oppose the enforcement against it in any other jurisdiction of any judgment or order duly obtained from court of United States of America respecting this Agreement.  Any action you, any third party or Flowers and Associates LLC. bring to enforce this agreement or, in connection with, any matters related to this web site shall be brought only in the courts of the United States of America, and you expressly consent to the jurisdiction of said courts.

7.    Entire Agreement

This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, executed by Flowers and Associates LLC..

8.    Severability

If any provision of this agreement is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of the agreement shall continue in full force and effect.


9.    General

Flowers and Associates LLC. reserves the right to change this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions.  Your use of the Web site following any such change constitutes your acceptance of such changes.  Flowers and Associates LLC. reserves the right to change the Web site at any time at its sole discretion without notice to users.  Flowers and Associates LLC. may deny access to the Web site to anyone at any time for any reason whatsoever.

10.    Effective Date

This Disclaimer was last updated on January, 2009.