Flowers4Dreams LLC (“F4D”) provides certain products and services through: (a) this website; (b) various social media accounts, including, without limitation, Facebook, Twitter, Instagram, Pinterest and YouTube; and (c) through F4D’s various other messaging, telephone and other forms of communications, mobile technologies, applications and services, in each case, as may be updated by F4D from time to time (collectively, the "F4D Services").
Your use of the F4D Services and any of its information, content and services available through the F4D Services are subject to these terms and conditions ("Terms"), the Privacy Policy, the policies contained in our Help/FAQ page, and any other applicable site-specific policies included by reference in these Terms.
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. Any dispute or claim relating in any way to your use of any F4D service, or to any products or services sold or distributed by F4D or this website will be resolved by binding arbitration, rather than in court.
These Terms are current as of the Effective Date. F4D reserves the right to change these Terms from time to time. Please consult these Terms from time to time since F4D may, at any time, and without notice, revise these Terms by updating this posting.
By accessing or using the F4D Services, you are bound by these Terms and any revisions, so you should periodically visit this page to review the current Terms. Access or use of the F4D Services following any change to the Terms constitutes your agreement to those changes. If, at any time, you choose not to accept the terms of these Terms, you should not access or use the F4D Services.
You agree that you do not have any rights in the F4D Services and that F4D will have no liability to you if the F4D Services, or any portion thereof, are discontinued or your ability to access or use the F4D Services is terminated.
You affirm that you are 13 years of age or older. In order to make a purchase through the F4D Services, you must be 18 or older and have a valid credit card or other acceptable electronic payment method. Subject to these Terms, you may not use the F4D Services if you are unable to form a legal binding agreement with F4D. You agree that you are only authorized to visit or use the F4D Services for your own personal use and not for any business purposes without a separate agreement in writing with F4D. You may not use the F4D Services to purchase any product for resale by you or on behalf of any other person. You may not resell, either directly or indirectly, any product purchased using the F4D Services.
You may establish an account to use or access certain features of the F4D Services. During the account registration process, you will be asked to select a unique password. You are solely responsible for protecting the security and confidentiality of your password, as applicable, and are accountable for any activity undertaken through your F4D account. By logging into the F4D Services, you represent and warrant that: (a) you are the customer who registered for the F4D Services; and (b) that you are using the F4D Services only for permitted purposes. You will immediately notify F4D by providing notice to F4D Customer Service at help@flowersfordreams.com of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that F4D in its sole discretion deems offensive.
F4D reserves the right, in its sole discretion, immediately and without notice, to suspend or terminate your account or your ability to access the F4D Services for any reason, including, without limitation, any breach of these Terms by you.
By accessing or using the F4D Services, you agree to the various F4D policies and procedures that apply to the purchase of the products or services offered through the F4D Services, which are made part of these Terms. Prices will be those in effect at the time of purchase (in U.S. dollars) and unless otherwise specified, exclude freight, handling fees, taxes, and duties. Pricing is based upon product availability and subject to correction or change at any time without notice. You are responsible for payment of all applicable taxes. All products are subject to availability. F4D reserves the right to accept, reject or cancel any order and to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors.
You authorize F4D to hold, receive and disburse funds in accordance with your payment instructions. Your authorization permits F4D to (a) debit or credit your credit card, debit card, or other payment methods that we accept ("Cards"); or (b) initiate recurring charges from your Cards if you signed up for a service that requires automatic billing. When you place an order, you authorize and order F4D to commit your payment to the F4D. Your authorizations will remain in full force and effect while you maintain your account with F4D.
F4D Services use images for display purposes only. Actual products may differ from product images displayed. Regardless of variations in products, we guarantee customer satisfaction in every order.
You agree to abide by any information, policies and procedures contained in our Help/FAQ page, which are incorporated by reference to these Terms. The policies and procedures that can be found in our Help/FAQ page include, but are not limited to, policies regarding:
F4D posts legal notices on pages of the F4D Services. The F4D Services may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of F4D or other parties. Except as expressly provided in Section 6 of these Terms, no license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights is granted to or conferred upon you.
Content on the F4D Services that is provided by F4D, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans and the compilation of the foregoing ("F4D Content") is the property of F4D or its licensors and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws.
You are authorized to access and use the F4D Services and related F4D Content; provided that: (a) your use of the F4D Services and F4D Content as permitted hereunder is solely for your personal, non-commercial use; (b) you will not copy, distribute or transfer any portion of the F4D Services or F4D Content on any media without F4D's prior written or electronic approval; (c) you will not alter, adapt, reverse engineer, or otherwise modify any part of the F4D Services or F4D Content other than as may be reasonably necessary to use that part of the F4D Services or F4D Content for its intended purpose; and (d) you will otherwise comply in full with these Terms. Any access or attempt to access other areas of any F4D computer system or other information contained on the system for any purpose other than as intended by F4D is strictly prohibited.
Subject to our Privacy Policy, F4D reserves the right to display advertisements in connection with any content provided by you to F4D ("User Content") and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of F4D and its partners and third-party service providers (including their downstream users) and that F4D has no obligation to compensate you (monetarily or otherwise) for F4D's use of your User Content now or in the future. F4D, subject to the Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. F4D reserves the right to review any User Content and remove, delete, redact or otherwise modify such User Content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. F4D shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by F4D or any other party. You confirm that you own all right, title, and interest to your User Content and that your User Content does not infringe any intellectual property rights or violate privacy or publicity rights of any third party.
To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
F4D has no control over and is not responsible and assumes no liability for: (i) any third party content contained within the F4D Services; or (ii) the applicable third parties.
F4D respects the intellectual property of others, and F4D expects its users to do the same. It is F4D's policy, in appropriate circumstances and at F4D's discretion, to disable or terminate users of the F4D Services who infringe or repeatedly infringe the copyrights or other intellectual property rights of F4D or other rights owners. When using the F4D Services, you will not use any feature of the F4D Services for any purpose that is illegal, tortious, obscene, threatening, defamatory, libelous, invasive of another's privacy, pornographic, racist, abusive, harassing, threatening, offensive, hateful, or otherwise injurious to the legal rights (such as rights of privacy and publicity) of third parties. You also agree not to upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
If you are a copyright owner or an agent thereof and believe any User Content or other F4D Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to F4D Customer Service at help@flowersfordreams.com and include the following information:
(a) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit F4D to locate the material;
(c) Information reasonably sufficient to permit F4D to contact you, such as an address, telephone number and, if available, an electronic mail address;
(d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
(e) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and F4D may not be able to remove infringing content.
You should also send your notification to the following address:
Flowers4Dreams LLC
1812 W. Hubbard Street
Chicago, IL 60622
The F4D Services may include certain services available via your mobile phone, including, without limitation: (a) the ability to upload to F4D websites or applications via your mobile phone; (b) the ability to receive and reply to messages and to send content and messages using text messaging or push notifications; and (c) the ability to access the F4D Services from your mobile phone ("Mobile Services"). F4D does not charge for Mobile Services unless otherwise noted; however, your carrier's normal messaging, data and other rates and fees may still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost.
You shall not violate or attempt to violate the security of the F4D Services. Violations of system or network security may result in civil or criminal liability. F4D reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations.
With respect to all communications with F4D including, without limitation, feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and F4D shall have no obligation to protect your communications from disclosure; (b) F4D shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) F4D shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information without any consideration or accounting.
Your privacy is important to F4D. F4D's Privacy Policy is incorporated into, subject to and made part of these Terms. To review the F4D Privacy Policy, click here.
By using any of the F4D Services, you agree to indemnify and hold F4D, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your improper use of such F4D Services; (b) any User Content provided or used by you; or (c) your violation of these Terms.
YOUR USE OF THE F4D SERVICES IS AT YOUR SOLE RISK. F4D MAKES NO WARRANTY THAT THE F4D SERVICES WILL MEET YOUR REQUIREMENTS. EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, ALL F4D SERVICES INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. F4D ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. F4D DOES NOT WARRANT THAT THE F4D SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
LAWS IN CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. TO THE EXTENT SUCH LAWS APPLY, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE.
F4D SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR THE ACCESS TO, USE OF OR OPERATION OF THE F4D SERVICES INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH. F4D'S AGGREGATE LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE F4D SERVICES IS LIMITED TO THE PURCHASE PRICE PAID FOR THE MATERIALS, PRODUCT AND/OR SERVICE THAT GIVES RISE TO SUCH LIABILITY.
LAWS IN CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT SUCH LAWS APPLY, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE.
You and F4D agree that any cause of action arising out of or related to the F4D Services or any F4D Content including without limitation any Claim or Dispute must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
To the extent allowed by law, each of you and F4D waive any right to trial by jury in any Dispute.
F4D shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including without limitation acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, grower delays at the farm level, delays due to product held by the USDA/Customs for inspection, or any other circumstance or cause beyond the reasonable control of F4D in the conduct of its business.
These Terms will be governed by and construed in accordance with the laws of the State of Illinois without regard to such State's conflicts-of-laws principles.
Both you and F4D acknowledge and agree that no partnership is formed, and neither you nor F4D has the power or the authority to obligate or bind the other. If any provision of these Terms is determined to be unlawful, void or unenforceable by a tribunal of competent jurisdiction, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If F4D fails to act with respect to your breach or anyone else's breach on any occasion, F4D is not waiving its right to act with respect to future or similar breaches. These Terms constitute a binding agreement between you and F4D, and are accepted by you as a condition for your use of the F4D Services or your account. These Terms constitute the entire agreement between you and F4D regarding the use of the F4D Services and the F4D Content.