Terms of Service

INTRODUCTION

These terms of service (the “Terms”) cover your use of and access to https://flowerimagination.com/ and its associated domains (the “Site”). Flower Imagination and its related companies (collectively, “we,” “us” or “Flower Imagination”) operate the Retailer Site www.flowerimagination.com.

The Terms will refer to you as “Customer.” You are a Customer, for instance, if you order flowers through the Sites.

BINDING AGREEMENT

The Terms form part of a binding contract between you and Flower Imagination. By using or accessing the Sites, you are agreeing to both the Terms and our Privacy Policy (collectively, this “Agreement”). If you use or access the Sites in your capacity as a representative or employee of an organization, you agree to this Agreement on that organization’s behalf and you represent and warrant that you have the authority do so. References to “you,” “your” or similar terms in this Agreement refer to the individual or organization agreeing to the Terms.

PLEASE READ THIS AGREEMENT CAREFULLY. IT INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT ACCEPT THIS AGREEMENT, WE DO NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER, AND YOU MAY NOT USE OR ACCESS THE RETAILER SITE.

ELIGIBILITY REQUIREMENTS

Minimum Age

You must be 18 years of age or older to use the Sites. If you are under the age of 18, please discontinue use of the Site immediately. Flower Imagination reserves the right to ask for proof of age and to withhold or terminate your use of the Site if you are below the specified age requirement.

Legal Capacity

You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are representing a corporation or other legal business entity, you hereby represent and warrant that such entity is validly formed and existing under the laws of its jurisdiction and that you are duly authorized as its agent to bind it to this Agreement.

PRIVACY

Personal Information

In order to purchase products or services from the Site, you will be required to upload certain personal information. Such information includes, without limitation: name, email address, credit card information, billing address and delivery address. In addition, we may automatically collect certain information about you such as your IP address and the duration of your visit to the Sites. We do our best to handle your personal information in a secure and responsible manner, as detailed in our Privacy Policy. By using the Site you agree to the terms specified in our Privacy Policy.

CUSTOMER CONTENT

Ownership

You might occasionally submit content or information to the Site in the course of obtaining support, reviewing products or otherwise communicating with us, Retailer or other Customers. Such content includes, without limitation: text, photos, images, audio, video, code, messages, files and any other materials (“Customer Content“).

You represent and warrant that you own all rights to your Customer Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your Customer Content via the Site in the manner required by this Agreement. If we use your Customer Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights.

License to Your Content

When you upload or provide Customer Content to the Site, you grant FLOWER IMAGINATION (including third party service providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, delete, create derivative works of, publish and distribute the Customer Content for the limited purposes of providing, improving, promoting and protecting the Site. This paragraph does not affect any rights you may have under our Privacy Policy or applicable data protection laws.

ACCEPTABLE AND PROHIBITED USE

Legal Use

You represent and warrant that your use of the Site is not contrary to law, including, without limitation, applicable privacy laws, export or import controls and sanctions. You may not use the Site where prohibited by law.

Unowned or Unlicensed Content

Certain content on the Sites may be protected by others’ intellectual property, trade secrets or other rights. You shall not copy, upload, download or share content unless you have the right to do so.

Interfering with the Site

You agree not to interfere with or disrupt the Site or servers, networks or devices connected to the Site, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You shall not inject content or code or otherwise alter or interfere with the way any of the Sites are rendered or displayed in a user’s browser or device. In addition, you agree not to:

• probe, scan or test the vulnerability of any system or network;
• breach or otherwise bypass any security or authentication measures;
• access, tamper with or use non-public areas or parts of the Site, or shared areas of the Site that Flower Imagination has not invited you to access;
• take apart, decompile or reverse engineer any part of the Site in an effort to access things such as source code or algorithms;
• access, search or create accounts for the Sites by any means (for example, scraping, spidering or crawling) other than our publicly supported interfaces;
• take action that imposes an unreasonable load on our infrastructure or that of our third party providers;
• share credentials or manage your Customer Account through shared credentials (unless explicitly approved).

Deceptive, Fraudulent and Criminal Behavior

When using or accessing the Site, you agree not to:

• act in a way that is false, fraudulent, inaccurate or deceiving; impersonate another person, company or entity; engage in misleading or unethical marketing or advertising;
• use unauthorized payment devices; infringe intellectual property or privacy/publicity rights;
• threaten, harass or abuse; incite violence; publish sexually explicit or obscene material; condone or promote self-harm; condone or promote violence against protected groups; or violate any laws.

You may report violations of these guidelines directly to Flower Imagination by emailing contact@flowerimagination.com.

THIRD PARTY SERVICES, SITES AND CONTENT

Third Party Services

The Site is integrated with various third-party services and applications (“Third Party Services”). These may have their own terms and policies; your use of them is governed by those terms. We do not control or assume liability for Third Party Services.

Third Party Sites

The Site may contain links to third party sites. Access at your own risk; we are not responsible for such sites or actions of such third parties.

Third Party Content

The Site may contain content that is offensive, erroneous, unlawful or otherwise objectionable. We do not endorse Customer Content and are not liable for it. Take precautions to protect yourself and your devices.

FLOWER IMAGINATION’S INTELLECTUAL PROPERTY

Flower Imagination and our licensors own and retain all proprietary rights in the Site. This Agreement does not grant you rights in our trademarks, logos, brand features, IP or trade secrets. Do not create derivative works of the Site or others’ content.

Feedback

To the extent you provide feedback, you assign all rights to Flower Imagination, or grant us a broad license to use it as described in the Agreement.

TERMS OF SALE

Order Acceptance and Cancellation

You agree that your order is an offer to buy. All orders must be accepted by us. We may decline or cancel at our sole discretion; a full refund will be issued if we decline after payment (less any non-refundable processor fees where applicable).

Prices and Payment Terms

Prices on the Site may differ from in-store. Taxes and delivery are extra. We reserve the right to correct pricing errors and cancel affected orders.

Shipments; Delivery; Title and Risk of Loss

Delivery options and charges are shown at checkout. Title and risk of loss pass upon delivery to the address you provide, pickup at our location, or delivery to an agreed third-party courier. Delivery day is guaranteed; delivery time window is not.

Returns and Refunds

Products are generally non-returnable and non-refundable. If you are not satisfied, contact contact@flowerimagination.com or call +1 (801) 347-8846. In certain cases we may issue a partial refund; third-party payment processor fees are not refundable.

TERM AND TERMINATION; RESERVATION OF RIGHTS

This Agreement remains in effect until terminated by you or us. We may change, suspend or discontinue parts or all of the Site; restrict access; or change eligibility. Sections intended to survive termination will survive.

DISCLAIMER OF WARRANTY

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY; WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWER IMAGINATION WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL OR OTHER INTANGIBLES. TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU SPENT ON THE SITE IN THE LAST CALENDAR YEAR. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS; YOUR RIGHTS MAY VARY.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Flower Imagination and its affiliates, officers, directors, employees and agents from claims arising out of your content, your use of the Site, your breach of this Agreement, violations of third-party rights or laws, and misrepresentations.

ALTERNATIVE DISPUTE RESOLUTION

Applicability & Informal Resolution

Before filing a claim, email contact@flowerimagination.com with a description of your claim. If not resolved within 30 days, either party may proceed.

Arbitration Agreement

Any dispute arising out of or relating to this Agreement will be resolved by final and binding arbitration under the rules of the American Arbitration Association in White Plains, New York, with limited interim relief in court as described. The prevailing party may recover reasonable attorney’s fees and costs.

Right to Opt Out & No Class Actions

You may elect small-claims court within 60 days of purchase. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY; NO CLASS, COLLECTIVE OR REPRESENTATIVE ACTIONS.

Enforceability

If any part of this section is found unenforceable, the remainder will be enforced.

TIME LIMITATION ON CLAIMS

Claims must be filed within one (1) year after you first knew or should have known of the act or omission giving rise to the claim, or they are barred, unless a longer period is required by law.

ADDITIONAL TERMS

Entire Agreement; Third Party Rights

This Agreement (Terms + Privacy Policy) is the entire agreement and does not create third-party beneficiary rights.

Notices

We may notify you via email or by posting on the Site. You may notify us at contact@flowerimagination.com or by mail to: Attn: Flower Imagination, 481 E. South Temple, Salt Lake City, UT 84111.

Assignment; Waiver; Severability; Modifications

You may not assign this Agreement without our consent. Our failure to enforce is not a waiver. If any provision is invalid, the remainder remains in effect. We may modify this Agreement; continued use after notice means acceptance.

Events Beyond Control; Governing Law; Venue

We are not liable for events beyond our control (force majeure). Utah law governs; venue is in Utah (except as otherwise provided in the arbitration provision). The English version controls.