deLaFlowers.com Conditions of Use

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Topanga Ventures, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Topanga Ventures, LLC and protected by U.S. and international copyright laws. All software used on the Site is the property of Topanga Ventures, LLC or its software suppliers and protected by United States and international copyright laws.

DELAFLOWERS.COM, FRESH FLOWERS FOR YOU and other deLaFlowers.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Topanga Ventures, LLC. Topanga Ventures, LLC's trademarks and trade dress may not be used in connection with any product or service that is not Topanga Ventures, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Topanga Ventures, LLC. All other trademarks not owned by Topanga Ventures, LLC or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Topanga Ventures, LLC or its affiliates. The absence of the listing of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark.

Topanga Ventures, LLC grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Topanga Ventures, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Topanga Ventures, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Topanga Ventures, LLC and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Topanga Ventures, LLC's name or trademarks without the express written consent of Topanga Ventures, LLC. Any unauthorized use terminates the permission or license granted by Topanga Ventures, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of deLaFlowers.com so long as the link does not portray deLaFlowers.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any deLaFlowers.com logo or other proprietary graphic or trademark as part of the link without express written permission.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. By logging into the site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (iv) you will ensure that you exit from your account at the end of each session. Please notify us at info@delaflowers.com of any potential unauthorized use(s) of your account, or breach of security.

You also 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 deLaFlowers.com in its sole discretion deems offensive. If you are under 18, you may use deLaFlowers.com only with involvement of a parent or guardian. Topanga Ventures, LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

In the event a product (including, but not limited to, flowers, plants, floral arrangements, and other products) is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Unless specifically stated otherwise, each such special offer, coupon, discount, contest and sweepstakes entry is limited to one offer per customer per order. Offers may not be combined with any other offers or discounts, separated, redeemed for cash, or transferred on any single order.

All items purchased from deLaFlowers.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We, in conjunction with our service providers, will attempt to deliver a product on the requested day. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. We are not responsible for and shall not be liable from any loss for:

• Flowers, plants and preserved items delivered to incorrect addresses supplied by the sender.
• Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
• Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
• Product quality problems caused by improper handling by the recipient.
• Unsuccessful deliveries, decreased product quality or other quality problems arising from any "force majeure" (e.g., severe weather, earthquakes, flood, fire or other acts of God), strikes or other labor problems, or to any other cause beyond the reasonable control of deLaFlowers.com or any third party.

Topanga Ventures, LLC and its affiliates attempt to be as accurate as possible. However, Topanga Ventures, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Topanga Ventures, LLC itself is not as described, your sole remedy is to return it in unused condition.

By using our site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to one our site and to any services offered on our site, and may remove any content on site you have provided ("User Content") if we believe that the User Content violates or is inconsistent with these Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of deLaFlowers.com or another user.

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our site and your purchase of products or services through our site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Conditions or our privacy policy ("Privacy Policy"), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Conditions or the Privacy Policy could be subject to criminal or civil penalties.

You agree to use the User Content and this Site in compliance with all applicable laws, rules and regulations and in a manner that does not, in the sole judgment of deLaFlowers.com, negatively reflect on the goodwill or reputation of the deLaFlowers.com or any of its Affiliates.

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from the Web Site to either a foreign national or a foreign destination in violation of such laws.

We respect and make efforts to protect the privacy of all users of our Site. Our current Privacy Policy available at http://www.delaflowers.com/privacy_policy.php is incorporated herein by reference and made a part of the Terms and Conditions.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Topanga Ventures, LLC's copyright agent the written information specified below in the form required by 17 USC §512. Please note that this procedure is exclusively for notifying delaflowers.com and its affiliates that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Topanga Ventures, LLC's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us by email or otherwise through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of deLaFlowers.com. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through our site. You agree not to use our site or any content contained in it for any illegal or inappropriate activities.

The site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

By using our site, you agree to indemnify and hold Topanga Ventures, LLC, its subsidiaries, affiliates, officers, members, 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 your use of such Site, including providing a link to another site or uploading any content to such Site.

If any provision of the Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

YOU EXPRESSLY AGREE THAT USE OF DELAFLOWERS.COM IS AT YOUR SOLE RISK. NEITHER THE COMPANY, 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 DELAFLOWERS.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DELAFLOWERS.COM, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH DELAFLOWERS.COM; EXCEPT THAT THE COMPANY DOES GUARANTEE (THROUGH ITS "100% SATISFACTION GUARANTEE") THAT YOUR FLORAL ARRANGEMENT WILL STAY FRESH FOR SEVEN DAYS AFTER DELIVERY, AND IF IT DOES NOT, THE COMPANY'S SOLE MAXIMUM LIABILITY WILL BE NOT MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER AN EQUIVALENT FLORAL ARRANGEMENT AS SOON AS REASONABLY PRACTICABLE.

DELAFLOWERS.COM 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 THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING DELAFLOWERS.COM 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 DELAFLOWERS.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM DELAFLOWERS.COM 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. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH DELAFLOWERS.COM. 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.

By visiting deLaFlowers.com, you agree that the laws of the state of Michigan, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Topanga Ventures, LLC or its affiliates.

Any dispute relating in any way to your visit to deLaFlowers.com or to products you purchase through deLaFlowers.com shall be submitted to confidential arbitration in Birmingham, Michigan, except that, to the extent you have in any manner violated or threatened to violate Topanga Ventures, LLC's intellectual property rights, Topanga Ventures, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

This Agreement represents the entire understanding between you and the Topanga Ventures, LLC regarding your relationship with Topanga Ventures, LLC and use of the Site and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by accessing any areas of the Site.

We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this, or any other appropriate page, and they will become effective upon the later of 1) the date specified by Topanga Ventures, LLC, if any, or 2) the posting. By accessing the Site after changes are made to the Conditions and posted on the Site, you agree to be legally bound and to abide by the amended terms. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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