Terms of Service - FromYouFlowers

Last Changes to Website Terms of Service: 09/25/2023

These terms of service (“Terms”) govern your use of the From You Flowers, LLC (“From You Flowers,” “we,” “us,” or “our”) websites, including the website located at https://www.fromyouflowers.com (including any versions optimized for viewing on a mobile or tablet device); our app(s); all e-mail newsletters published or distributed by; and all other interactive features and communications provided by From You Flowers, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by us (“website”). USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS THEN YOU MAY NOT USE THE WEBSITE OR ANY FUNCTIONALITY ASSOCIATED WITH IT.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.

YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE THIS WEBSITE AND ORDER PRODUCTS FROM FROM YOU FLOWERS. BY USING OUR WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE NOT LESS THAN 18 YEARS OF AGE.

USE OF INFORMATION

Please refer to our Privacy Policy at https://www.fromyouflowers.com/secpriv.htm to understand how we handle personal information, ordering information, and other information you may provide to us from time to time.

ORDERS

You may only purchase products which appear on this website and are delivered to an address located in the United States.

PRODUCTS, CONTENT AND SPECIFICATIONS

Details of the products and services available for purchase are set out on the website. All features, content, specifications, products and prices of products and services described or depicted on this website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the website at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

SALES TAXES

All applicable sales and other taxes are in addition to the sale price. All online transaction totals reflect the estimated tax amount; the actual tax amount will be calculated based on your shipping location and many vary from the estimated tax.

SHIPPING LIMITATIONS

From You Flowers uses third party shipping carriers, and retains the exclusive right to determine which shipping carriers may be available to ship From You Flowers products purchased through this website. Orders will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website and shipping charges may apply. You are responsible for correctly providing the information you intend for an order, including the shipping address, and From You Flowers is not responsible for any costs or claims arising from information you incorrectly provide to us. Risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Signature may be required for deliveries.

ACCURACY OF INFORMATION

We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts, the information on the website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the website. For example, products included on the website may be unavailable or may have different attributes than those listed. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service or to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.

FEES

All payment is taken in United States Dollars. Payment is taken at time of order, unless communicated otherwise. For orders placed directly with us, we accept all major credit cards. For all charges or deposits for any products ordered by you directly from From You Flowers, we will bill your bank card or alternative payment method offered by From You Flowers, and you agree to pay all such charges or deposits. When you provide card information, account numbers or other information necessary to facilitate payment to us or our authorized representatives, you represent and warrant to us that you are the authorized user of the card that is used to pay for the products. In the event legal action is necessary to collect on balances due, you agree to reimburse From You Flowers and its authorized representatives for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the website.

PROMOTION CODES

On occasion, From You Flowers may issue promotion codes that may be redeemed at the time of check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We reserve the right to cancel any promotion code and reduction redemption when the total value of the promotion code exceeds the price of the item. A Promotion code may not be combined with another promotion code or applied to previous or drop-ship orders. From You Flowers is not responsible for any financial loss arising out of our refusal, cancelation, or withdrawal of a promotion or any failure or inability of a customer to use a promotion code for any reason. We reserve the right to shorten the duration of any promotion or other special offering.

CHARGEBACKS

By purchasing our products and services you are explicitly agreeing that you clearly understand and agree to what you are purchasing and will not file a fraudulent dispute via PayPal, credit card, or debit card institution. Furthermore, you have authorization to use the credit card, debit card, PayPal account, or any other payment source used to make the purchase. Upon a fraudulent attempt to file a dispute or chargeback, we reserve the right, if necessary, to terminate your account and/or permanently ban your IP address. You acknowledge chargebacks, disputes, or payment reversals will not be carried out prior to discussing the situation with our support team. You acknowledge that the delivery of flowers, plants, and related products may not allow From You Flowers to prove the products were delivered to you. Proof of delivery may be limited when: you send a product to someone else, we work with a third party to fulfill your order and that third party does not require signature for delivery and/or take a photo of the product, or tracking information is unavailable due to hand delivery.

ORDER AND DELIVERY RESTRICTIONS

From You Flowers may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by From You Flowers. From You Flowers makes no promise that products available on the website are appropriate or available for use in locations outside the United States. If you choose to access this website from locations outside the United States or place an order for delivery of a product to an address in a prohibited location, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the purchase, shipment, possession, use and sale of any item purchased from this website.

You represent and warrant that the information you provide during the ordering process is true and accurate in all respects and undertake in the event that any of the information changes to notify From You Flowers at the earliest opportunity using one of the means of communication given above. From You Flowers has the right to suspend or terminate your order and refuse any and all current or future use of the website (or any portion thereof).

ORDER SATISFACTION POLICY

From You Flowers, LLC offers a 100% satisfaction guarantee. If you are not satisfied with our service for any reason feel free to contact us. We will either refund your money or redeliver a comparable new product, provided that you let us know about your issue and provide reasonable detail within seven (7) days of the delivery date. The choice is yours! Problems are rare, but when they occur From You Flowers is available 24 hours a day to help you. In order to issue a refund for flowers that have been delivered, From You Flowers requires that you reach out to us within seven (7) days of the delivery date.

We will issue you a full refund upon your request or agree on some other reasonable resolution to your delivery issue that is satisfactory to you, unless we can establish that your order was received by your selected delivery date and time, or the order was untimely due to some fault of you or the recipient of the order (for example, an incorrect delivery address was provided, there was no one at the delivery address to accept the order, or the person at the delivery address refused delivery). In order to issue a refund for flowers or other products that have been delivered, From You Flowers requires that you reach out to us no later than seven (7) days after the delivery date. You may request a refund or redelivery only in accordance with our satisfaction guarantee policy at https://www.fromyouflowers.com/guarantee.htm.

FORBIDDEN USES

Under no circumstances shall you access or attempt to access From You Flower's computer system, computer network, or any part thereof for the purpose of executing any operation to defraud others, commit theft, or violate any local, state, or federal law.

TERMINATION

We may suspend or terminate your use of this website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred prior to termination. We may also block your access to our website in the event that: (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that you have the right and authority to enter into these Terms, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the website is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the terms of these Terms.

ACCESS LICENSE

From You Flowers grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the website or its content. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or their 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. Except as expressly permitted herein, the website and/or any portion of the website may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without From You Flowers’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

COPYRIGHT AND OWNERSHIP

All of the content featured or displayed on the website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by From You Flowers, its licensors, vendors, agents and/or its Content providers. All elements of the website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The website may only be used for the intended purpose for which such website is being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website. The website, its Content and all related rights shall remain the exclusive property of From You Flowers or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the website.

TRADEMARKS/NO ENDORSEMENT

All trademarks, service marks and trade names of From You Flowers used herein (including but not limited to: From You Flowers name, From You Flowers corporate logo, the website name, the website design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of From You Flowers or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify From You Flowers trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without From You Flowers's prior written consent. You shall not use From You Flowers’s name or any language, pictures or symbols which could, in From You Flowers’s judgment, imply From You Flowers’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

THIRD PARTY LINKS

From time to time, the website (including emails from From You Flowers) may contain links to websites that are not owned, operated or controlled by From You Flowers or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.

DISCLAIMERS

Your use of the website is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FROM YOU FLOWERS, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER FROM YOU FLOWERS, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FROM YOU FLOWERS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATIONS OF LIABILITY

FROM YOU FLOWERS DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT WILL FROM YOU FLOWERS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN NO EVENT SHALL FROM YOU FLOWERS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF THE PRODUCTS PURCHASED OR SUBSCRIBED BY YOU FROM FROM YOU FLOWERS.

INDEMNITY

You agree to defend, indemnify and hold From You Flowers and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your violation of any term of these Terms; (ii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (iii) your violation of any law, rule or regulation of the United States or any other country.

RELEASE

In the event that you have a dispute with one or more other users of the website, you release From You Flowers (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

FORCE MAJEURE

Neither From You Flowers nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, pandemics, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; ice, snow and any inclement weather prohibiting safe travel; inability to secure raw materials, transportation facilities, fuel or energy shortages; or acts or omissions of common carriers.

ADDITIONAL ASSISTANCE

If you do not understand any of the foregoing Terms, or if you have any questions or comments, we invite you to contact our customer service team by the addresses at [email protected].

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND DISCOVERY HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and From You Flowers agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the website, (ii) any purchases or other transactions or relationships with From You Flowers, or (iii) any data or information you may provide to From You Flowers or that From You Flowers may gather in connection with such use, interaction or transaction (collectively, “From You Flowers Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the website, or engaging in any other From You Flowers Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the website, you agree that any complaint, dispute, or disagreement you may have against From You Flowers, and any claim that From You Flowers may have against you, arising out of, relating to, or connected in any way with these Terms, our Privacy Policy, or any From You Flowers Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, From You Flowers agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You further agree that:

Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms is void or voidable;

Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and From You Flowers; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;

Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

No Class Relief. The Arbitration can resolve only your and/or From You Flowers’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, From You Flowers will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

Reasonable Attorney’s Fees. In the event you recover an Award greater than From You Flowers’s last written settlement offer, the Arbitrator shall also have the right to include in the Award From You Flowers’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but From You Flowers shall in all events bear its own attorneys’ fees;

Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor From You Flowers shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;

Modification of Arbitration Clause With Notice. From You Flowers may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after From You Flowers has given notice of such modifications and only on a prospective basis for claims arising from From You Flowers Transactions and Relationships occurring after the effective date of such notification; and

Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against From You Flowers in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

GENERAL

Any claim relating to, and the use of, this website and the materials contained herein is governed by the laws of the State of New York. You consent to the exclusive jurisdiction of the state and federal courts located in the Borough of Manhattan, New York. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our website, and operation of the website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by From You Flowers in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive these Terms shall survive any termination or expiration of these Terms.

The following applies to any apps you acquire from the Apple App Store (“App Store-Sourced Software”):

You acknowledge and agree that these Terms are solely between you and From You Flowers, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store terms of service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to From You Flowers as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to From You Flowers as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You and From You Flowers acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to your license of the App Store-Sourced Software, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms with respect to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.

COPYRIGHT NOTICE