Terms of Service
Version Date: [3-7-19]
PLEASE READ CAREFULLY
BY USING THIS WEBSITE YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT VISIT THIS WEBSITE
This website (“Site”) is operated by Newark Florist, (hereinafter Newark Florist). Newark Florist provides the online e-commerce platform that enables the sale of products and services to you. Newark Florist is responsible for shipping/delivering the products and services to you. This Site contains content provided by Newark Florist The words “we”, “us” and “our” refer to Newark Florist
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site. Persons under the age of 13 are not permitted to purchase products or services from the Site.
PRODUCTS AND SERVICES
We reserve the right to limit the sales of the products or services to any person or geographic area. We may do this on a case-by-case basis. We reserve the right to limit the quantities of any products or services that are offered. All descriptions of products or product pricing are subject to change at anytime without notice. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you on delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
We provide the most accurate information on this Site as possible. However, we do not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current or error-free. We have done our best to display as accurately as possible the colors of the products shown on this Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
All products are sold on a non-returnable basis. However, we do provide a satisfaction guarantee. Please see our delivery policy for more information.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to contact you using the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Despite our best efforts, a small number of the items on our Site may be mispriced. Rest assured, however, that we verify prices as part of our shipping procedures. If an item’s correct price is lower than our stated price, we charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Posted prices do not include shipping, insurance, duty, customs, importation fees, and sales tax, which will be charged to you when applicable.
TRADEMARKS AND COPYRIGHTS
Trademarks
The trademarks, logos, and service marks (collectively the “Trademarks”), which you see on this Site, are registered and unregistered trademarks of Newark Florist. All other Trademarks, product names, and company names and logos appearing on this Site are the property of their respective owners. Nothing in this Site gives you any license or right to use any Trademark displayed on this Site without the written permission of the owner of the Trademark. Your use or misuse of the Trademarks displayed on this Site, or any other content on this Site, is strictly prohibited.
Copyrights
You acknowledge that this Site contains information, data, software, photographs, videos, typefaces, graphics and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in this Section, or as permitted by the fair use privilege under U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
ELECTRONIC COMMUNICATIONS AND NOTICE
When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we think appropriate.
YOUR INFORMATION
We collect the personal data that you volunteer on registration for order, survey, or other purposes. We will use personally identifiable information provided by visitors to fulfill the purpose for which such information was provided, as described in our Privacy Policy, and as disclosed at the time the visitor information is requested. Please visit our Privacy Policy for more information.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of a particular geographic location. Any references do not imply that such products will be made available within a particular geographic location. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
LINKS TO THIS SITE
Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
DISCLAIMER OF WARRANTY
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
You expressly agree that use of this Site is at your sole risk. Neither Newark Florist, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, “Providers”), warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Site.
REVISIONS TO THESE TERMS AND CONDITIONS
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. If you do not agree to any of these terms or any future terms, do not use this Site.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Newark Florist and respective directors, officers, employees, owners, licencors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of these Terms and Conditions by you and/or your activities in connection with this Site or any services related to this Site. Newark Florist may participate in the defense of any claim. You shall not settle any claim that affects Newark Florist without their prior written approval.
TERMINATION
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
ASSIGNMENT
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. We may freely assign these Terms and Conditions. Any attempted transfer or assignment in violation hereof shall be null and void.
NO WAIVER
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
SEVERABILITY
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceable without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
CHOICE OF LAW; JURISDICTION
These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the State and Federal laws of the State of Maryland, without giving effect to any principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms and Conditions. You agree that any claim by you (or those claiming through you) arising out of your use of this Site or material appearing on this Site, will be resolved by binding arbitration conducted in Maryland and shall be arbitrated on an individual basis (and not consolidated with any claim of any other party). Arbitration shall be conducted under the rules of the American Arbitration Association.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of our company or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from the owner of this website.
You must not:
* Republish material from our website without prior written consent.
* Sell or rent material from our website.
* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
* Redistribute any content from our website, including onto another website.
Acceptable Use
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications.
You must not use the content on our website for any marketing related purpose without our express written consent.
Prohibited Activities
Prohibited activity includes, but is not limited to:
- systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us;
B.engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
- interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
- attempting to impersonate another user or person or using the username of another user;
- using the Site as part of any effort to compete with us;
- attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site; or
- harassing, annoying, intimidating or threatening any of our employees or agents engaged in providing any portion of the Site to you.
Restricted Access
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
Corrections
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Limitation of Liability
THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER OF THIS WEBSITE OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF THE OWNER OF THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
ENTIRE AGREEMENT.
This Agreement contains the entire agreement between you and us with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Site.
FOR CALIFORNIA RESIDENTS
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.