These Terms (“Terms” or “Agreement”) shall constitute the Agreement between Flowers Today, Inc. (“we,” “us,” or “Flowers Today”), providing a service called Open Blooms”, and you (“You”), the end user of this service. Open Blooms”, together with any and all other services or products offered hereunder, shall be referred to as “Open Blooms”.” By shopping at Open Blooms, You agree to be bound by these Terms.
SERVICE – (a) The Open Blooms® service will enable You to shop and purchase from a wide selection of flowers and gifts at our website, www.openblooms.com and through our mobile site. (b) Flowers Today reserves the right to change or modify the Terms and Conditions of this Agreement and Open Blooms® service at any time without notice, and You agree to comply with such changes or modifications. (c) Reimbursement requests with respect to the Open Blooms® product are considered based solely upon written materials received from You. All invoices, receipts, and other documentation must be in writing and are subject to verification.
RESTRICTIONS ON USE – The Open Blooms® service is intended for use by You and adults 18 years or older, for your own personal use. You are not permitted to use the website if you are under the age of 18. By using the service, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 18 in accessing the Open Blooms® service or to attempt to contact children under 18 through the service.
INTELLECTUAL PROPERTY RIGHTS – Open Blooms® service is owned and operated by Flowers Today and are copyright ©FLOWERS TODAY, ALL RIGHTS RESERVED. “Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, and software appearing on or offered on our Open Blooms® service, as well as the selection, assembly and arrangement thereof, and includes our affiliate program(s), the ability to order products and services and receive newsletters and promotional emails. Unless otherwise specified, all Site Content is the sole property of Flowers Today or its suppliers/licensors. All Site Content is protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.
LIABILITY – YOU EXPRESSLY AGREE THAT USE OF THE OPEN BLOOMS® SERVICE IS AT YOUR SOLE RISK. NEITHER FLOWERS TODAY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS (“PROVIDERS”), MERCHANTS (“MERCHANTS”), SPONSORS (“SPONSORS”), LICENSORS (“LICENSORS”), OR THE LIKE (COLLECTIVELY, “ASSOCIATES”), WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE; EXCEPT THAT FLOWERS TODAY DOES GUARANTEE (THROUGH ITS “100% MONEY-BACK GUARANTEE”) THAT YOUR SATISFACTION IS OUR TOP PRIORITY. THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY FLOWERS TODAY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY WHATSOEVER.
UNDER NO CIRCUMSTANCES SHALL FLOWERS TODAY, ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICE PRODUCTS, SERVICES OR THIS WEB SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS, OR SERVICES.
UNLESS OTHERWISE SPECIFICALLY STATED TO THE CONTRARY, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE (“OFFERS”) ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS.
FLOWERS TODAY RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY AND ALL CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE, AND REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, DISCOUNTS, INCLUDING BUT NOT LIMITED TO, ANY AND ALL PREFERRED CARDS, GIFT CARDS, GIFT CERTIFICATES, AND ANY AND ALL OTHER SIMILAR DEVICES AND PROMOTIONAL OFFERS OR CAMPAIGNS (“PROMOTIONAL OFFERS®) IN THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE ASSOCIATED WITH SAID PROMOTIONAL OFFERS OR CUSTOMER ORDERS.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF THE COMPANY’S SERVICES AND THAT OF ITS AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, MOBILE DEVICE, AND SOCIAL MEDIA PLATFORM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION – You agree to indemnify and hold Flowers Today, its Subcontractors, and their respective parents, subsidiaries, affiliates, officers, directors, and employees harmless from any claim, damage, demand, expense, liability, or loss, including reasonable attorneys’ fees, incurred by such party arising out of or relating to your unauthorized use of the Open Blooms® service or your violation of these Terms. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
TERMINATION OF USE & SEVERABILITY – Flowers Today may terminate your access, or suspend your access to all or part of Open Blooms® service, without notice, for any reason, including conduct that Flowers Today, in its sole discretion, believes is a violation or breach of these Terms, is in violation of any applicable law or is harmful to the interests of another user, customer, recipient, subscriber, a third-party Provider, Merchant, Sponsor, Licensor, content or service provider, Flowers Today or its Affiliates.
If any term or other provision of these Terms are deemed by a final court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms, conditions and provisions of this these Terms shall nevertheless remain in full force and effect to the maximum extent permitted by law. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the court shall modify only the affected term, condition or provision to effect the original intent of the parties as closely as possible so that the contemplated transactions are fulfilled and Flowers Today and its Affiliates are protected to the greatest extent possible.
GOVERNING LAW & ARBITRATION – This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Virginia. If there is a dispute between You and Flowers Today, any of such parties may elect to have it resolved by proceeding in small claims court or by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties, and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
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