Terms and Conditions of Sales
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY PRIOR TO PURCHASING. YOUR PURCHASES ARE GOVERNED BY THESE TERMS AND CONDITIONS AND INDICATE THAT YOU AGREE AND ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED ON THIS SITE. THIS SALE AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN NATURABLOOMS.COM AND THE CUSTOMER. IF YOU DO NOT UNDERSTAND ANY OF THE TERMS CONTAINED HEREWITH, PLEASE CONTACT A COMPANY REPRESENTATIVE PRIOR TO MAKING A PURCHASE.
These Terms and Conditions may be amended at any time without prior notice, by publication of the amended terms below. Your use of this website following any amendments constitutes your agreement to follow and be bound by the changed Terms and Conditions. As a result, we suggest that you review these Terms and Conditions prior to each one of your purchases.
I. Flower Freshness and Availability
Natura Blooms flowers are delivered fresh direct from the farm to you. The flowers you receive are cut within 24 hours of shipment. High quality control procedures are followed to ensure flowers are delivered under optimal condition.
In a limited number of cases, certain flowers may not be available for harvest depending on weather, Mother Nature, or open market availability. In instances of inclement weather or factors resulting from Mother Nature, flower quality may be affected and unable to be harvested. The decision to harvest is made by the grower and necessary to ensure only premium quality flowers are made available for you. Natura Blooms works with many farms and should this occur, Natura Blooms will contact its other farms for fulfillment.
Additionally, Natura Blooms secures your order with its farms as soon as your order is received. In a limited number of cases, flowers may not be available industry-wide due to lack of open market availability or last minute issue with the flowers when your order is being harvested and/or packed. When the product is not available with other farms, Natura Blooms will contact you to discuss available options and offer you a substitution for the flowers that became unavailable. In case that a substitution is needed, Natura Blooms will contact you to discuss viable substitutions for a product of equal value.
II. Delivery Days and Times
Unless otherwise indicated, your flowers will be delivered via FedEx and UPS. Other carriers may be used from time to time to accommodate your scheduled delivery date.
Fresh cut flowers are not inventoried and instead ship farm direct to you. In many instances, flowers must clear through US Customs and US Agriculture prior to delivery. Should product does not clear through US officials as estimated, your flowers may be delayed. Unfortunately, Natura Blooms has no rights in compelling the US government in clearing product. Any interference may in fact result in further delays.
Additionally, flowers may become delayed due to other non-controllable factors. These include:
a) carrier delays resulting from mechanical, weather, airport closure, logistical or other related external or internal forces
b) incorrect shipping address entered at the time of order placement, or re-routing request made by the customer
c) lack of recipient presence at the delivery address at the time of delivery
d) customer change order request
e) other uncontrollable factors due to government, war, civil disorder, fire or acts of God
In the majority of instances, fresh cut flowers are delivered on the customer's designated delivery date 1-3 business days before or after the intended delivery date. To prevent stress and depending on the flower, Natura Blooms strongly recommends scheduling your order to deliver at least 3-4 days prior to your event. Scheduling at least 3-4 days provides for flower preparation time and the added benefit of preparing against unanticipated delays. Early or late deliveries results from quicker or slower than expected shipping service processes with FedEx, UPS, US Customs, USDA & other uncontrollable factors. In a limited number of cases carries may lose boxes. In the event that a carrier loses a box, Natura Blooms will try to find an overnight replacement for the lost box.
Please note that due to these uncontrollable factors, Natura Blooms cannot guarantee delivery of flowers or other product on your scheduled delivery date. For further information on when to schedule your flowers, please contact a Natura Blooms representative.
For the most recent status on your delivery date and time of delivery, please visit the Carrier's webpage with your tracking number or contact the Carrier with the phone number provided in your tracking number email.
III. Delivery Policy
Required Signature. If you request signature upon delivery of your order, please know that UPS or Fedex do not reattempt deliveries the same day and requesting delivery reattempts may delay a delivery 2-3 days. UPS international does not accept signature waivers so it is recommended that recipient is available to receive the flowers purchased. To avoid flowers exposure to extreme temperatures resulted from exceptions where the recipient is not available to sign for the package ordered, it is recommended to be available to receive your flowers or request a hold for pick up at the Fedex or UPS station at your convenience. For boxes delivered via UPS, all signatures are removed as a default since UPS does not release signatures should an exception happens when boxes are attempted to be delivered.
To ensure flowers are not pilfered while left outside or become damage from outdoor environmental factors, it is necessary that someone sign for the flowers upon delivery. Therefore, please ensure someone authorized by you is available to sign and receive the flowers on the date of delivery. All orders must be signed for upon delivery. If you obtain a signature waiver that permits delivery without a signature, a refund or replacement for pilfered or damaged product will be voided.
Timeliness to Report Damage. Please check your boxes upon delivery. If there is box damage, inspect your product and report all damage to the delivery driver so it can be documented. Immediately following, please contact Natura Blooms to report the damage. Claims will only be considered on the same day that flowers are received. For further information surrounding claims, please see the Claims Policy section below.
Missed Delivery. If you are not at the delivery address at the time of actual delivery, you will need to contact the carrier directly to arrange for pick up of your box(es). Refunds or replacement of damaged product are not honored in these instances should product become wilted, dehydrated or damaged. Therefore, it is highly recommended that you have someone available to sign for flowers at the time of delivery.
Pickup From FedEx/UPS. To prevent product spoliage, all products must be picked up on the same day order has been delivered to the local FedEx or UPS facility. These facilities generally lack refrigeration and are not responsible for hydration fresh cut flowers. Freshness of product can no longer be warranted on fresh cut flowers should pickup be made the following day.
Incorrect Address. Natura Blooms is not responsible for delayed deliveries resulting from inaccurate information given such as incorrect delivery address, use of PO Box address, phone number, email address, etc. Such information is necessary in the event Natura Blooms or the carrier need to contact you surrounding your delivery. As a result, returns or claims cannot be honored in such instances. NaturaBlooms highly stresses that you review your order following placement for delivery address accuracy.
Two-Day Delivery Window. Claims on product or order cancelations cannot be honored if your order delivers or is made available for pickup by the carrier within 2 business days (before or after) of your scheduled delivery date. As a result, please ensure your chosen delivery date keeps this cushion in mind. Holidays, availability of Saturday pick-ups, and your travel plans should be considered as well in the event your order delivers within this 2-day buffer.
Refund of Delivery Fees. Should a full refund be granted for any reason, any delivery costs will be discounted from the refund amount.
Refused Acceptance. Natura Blooms is not responsible for fresh cut flower orders where the recipient refuses to accept the product ordered. Flower orders represent custom cut product intended for the customer's use. Each order is custom harvested at the farm and shipped farm direct to the customer. Claims for delivery refusals, therefore, cannot be honored and product must be returned for refund.
Product purchased is customized and cut-to-order. Product purchased cannot be rejected upon arrival even if the product is being delivered outside of the delivery commitment time from FedEx or UPS. Any rejected delivery of orders, will incur a $45 fee per box that will be charged as an additional fee to your order. If you have an issue with an order delivered outside of the commitment time due to weather or other carrier delays, please contact us to address the issue and we will make additional arrangements for your order but boxes cannot be rejected and be given back to the carrier or you will incur the above mention fee per box.
Weather and Mother Nature Delays. In the event that there is a weather or mother nature delay and the carriers of your product cannot deliver, Natura Blooms will not issue a refund for orders delivered outside of the time frame specified. Natura Blooms refund policy is aligned with FedEx, UPS, and cargo agencies policies and therefore default of delivery due to weather and/or mother nature issues are not eligible for a partial or full refund of orders. Whether carriers deliver before or after event dates when there are weather and mother nature delays, orders are not eligible for refunds. NO EXCEPTIONS.
During winter months when severe weather conditions may affect deliveries, boxes will be scheduled for delivery 2-3 days prior to delivery day scheduled to ensure product arrives on time. In the event your flowers arrive early, early delivery does not affect quality or performance of the flowers ordered.
Winter & Summer Deliveries and deliveries in areas with extreme hot or cold temperatures
Natura Blooms ships high quality fresh cut flowers and uses carriers like FedEx and UPS for door-to-door delivery of the flowers purchased. However, it is the responsibility of the recipient to ensure that boxes of flowers are put indoors and hydrated immediately after being received. Boxes that are left outdoors for more than 10 minutes in extreme cold or hot temperatures are not eligible to be processed in claims of damage resulted from extreme temperature exposure of unattended deliveries left outdoors. Flowers exposed to extreme temperatures could freeze or burn depending on the temperature to which they are exposed so it is imperative that flower recipients track their orders with the tracking # provided and ensure that flowers are brought indoors immediately after they are delivered. Flowers travel dry and need to drink water before they start to open and be appreciated. Issues with carriers need to be initiated directly with FedEx and UPS by the recipient.
IV. Additional Charges and/or Refunds
Additional Delivery Charges: Natura Blooms does not normally schedule delivery for Saturdays. While Saturday service may be scheduled, Natura Blooms cannot guarantee delivery due to carrier factors beyond its control. In the event FedEx door-to-door Saturday delivery is possible for your area, a Saturday delivery fee of $25 per box is assessed. Please note that not all areas are eligible for Saturday delivery. Please check with your local FedEx office to confirm. Additionally, Saturday deliveries are not available in Puerto Rico and some areas of California at this time.
Please verify the delivery address provided. If your address is incomplete, incorrect, or needs to be re-routed while in transit, you will be assessed an additional fee. The fee is determined by the carrier dependent upon the carrier, number of boxes, distance to new destination, and service. A NaturaBlooms representative will obtain the re-route fee from the carrier and advise you accordingly.
Charges and Refunds for Substitutions: In the event that a flower variety becomes unavailable, Natura Blooms will offer a substitution for your order. The substitution offered will be for equal or grater value than the amount paid. However, if client requests a substitution that is significantly higher in value than the product ordered, Natura Blooms will charge the difference in price. If a refund needs to be made due to a substitution not meeting the requirement of a client, refunds must be made to the same credit card used when placing the order. If a customer credit card number changed, customer needs to obtain a letter from their bank stating that the card is the same even though the number changed. Natura Blooms cannot issue credit to different credit cards than the ones used to place orders. If a partial or a full refund is due and a client's credit card is no longer valid or active, Natura Blooms will provide store credit for a future order.
Refunds, Credits, Cancellations: Refunds, credits and cancellations are done the last week of every month. If you have an outstanding refund, credit or cancellation with the Company, an email confirming your refund will be sent once the refund, credit or cancellation are issued by the accounting department. After refunds are done, please allow 2-3 business days so credits can be posted back to your credit card. If your payment was done with a debit card, your bank may take longer to post the refund issued. Refunds made for transactions done over 90 days can only be issued as store credit.
V. Change and Cancellation Policy
Order changes must be made at least 10 business days prior to the delivery date scheduled. Order changes will be made subject to product availability and returns cannot be honored should the product you desire is unavailable. Please note that order downgrades are considered cancellations and subject to a 15% fee equal to the dollar difference.
Order Cancellations must be made within 24 days of order placement AND 10 business days prior to the scheduled delivery date. For orders that fall within this time period, a refund less a 15% processing fee will be made. Refunds for cancellations made after 24 days of order placement, or less than 10 business days prior to scheduled delivery cannot be guaranteed due to the logistical constraints with commercial farms. In the event an order can be canceled within 10 days of delivery, a 35% cancelation processing fee will be assessed. All cancellations must be submitted in writing via email. An email acknowledging cancellation will be sent to confirm cancellation. Rush Orders unfortunately cannot be canceled as orders are immediately processed and sent to the farm upon order placement. Cancelation fees apply to cover credit card processing fees, farm cancelation fees, and processing overhead.
Partial Order Cancellations must be made within 24 days of order placement AND 10 business days prior to the scheduled delivery date. For orders that fall within this time period, a refund less a 15% processing fee will be made for that cancelled item only. Refunds for any part of an order that is cancelled made after 24 days of order placement, or less than 10 business days prior to scheduled delivery cannot be guaranteed due to logistical constraints at farms. In the event a cancellation can be made within 10 days of delivery, a cancellation fee of 35% will be assessed. All cancellations must be submitted in writing via email. An email acknowledging cancellation will be sent to confirm cancellation. For Rush Orders, there is a 30-minute cancellation window on same day of order if flowers have not been processed by the farm.
Delivery Refusals at the time of delivery cannot be honored and therefore a refund cannot be made. This applies to deliveries made on the customer's scheduled delivery date, or 1 business day before or after that date (please see policy above discussing Delivery Days and Times). Any delivery refusal made by the customer will still result in an assessment of the order price. All customer purchases represent custom orders for fresh cut flowers that are purposely harvested and shipped directly from the producer. This policy is consistent with policies surrounding order cancellations which cannot be honored when orders are canceled in less than 10 days.
Address Changes: Natura Blooms can change delivery addresses for your order at no additional cost to you if we are notified in writing about the change needed less than 10 days prior to the delivery of your flowers. For address changes requested less than 10 days to the delivery date, there is a charge of $35 per box and there is a possibility that flowers may be delayed an extra day if address change is made when flowers are already in transit.
VI. Claims, Credit and Refund Policy
While product issues are rare, should you experience a problem with your order at the time of delivery, you are required to contact Natura Blooms on the same day of delivery of your flowers at 1-877-25W-BLOOMS [1-877-259-2566] or by emailing contact-us[at]naturablooms.com. If your delivery occurs after-hours, contact can be made via email and/or voicemail. A return phone number must be provided to facilitate contact. After hours claims will be met with an email or telephone call that same evening requesting information to process your claim. In order for a refund to be granted, ALL claims must be reviewed and processed prior to events. NO EXCEPTIONS. Natura Blooms will replace product or a refund will be issued when policy is followed. Claims made after events cannot be considered.
The following policy highlights the steps to file a claim and receive credit on a particular product. Please keep in mind that we work closely with farms around the globe that grow and harvest only the highest quality products available in the market. However, due to the perishability of the products traded, there is a slight possibility that there are issues.
Filing claims in a timely manner, will allow us to work closer with our growers to fix any quality issue and minimize our losses thus keeping product pricing down across the board. Thank you in advanced for your adherence to our claims and credit policy.
Customers must inspect product upon arrival to their facility. Any quality problems, shortages, or wrong product must be reported to Natura Blooms within 24 hours of receipt of product by following the steps provided on the Need Help section.
Natura Blooms requests a minimum of six photographs of the product that can demonstrate the damage or the issue experienced, or request of the product to be returned. The six photos must include the following:
Photo #1: Labels of the product from the farm (these labels can be found on one side of the box and they demonstrate the total number of bunches or stems, product name, color, or variety shipped).
Photo #2: Shipping labels (these labels are the FedEx or UPS shipping labels, or the labels from the trucking or Freight Company that demonstrate that this product was coming from us to you).
Photo #3: A photo of the box received showing the name of the farm and the size of the box from top to bottom.
Photos #4 & 5: Close-ups of the product demonstrating the issue and the exact number of stems affected. Please make sure that the photos submitted indeed show the problem in order to help you. If photos submitted do not demonstrate the issue, the exact number of stems affected, and they show normal product according to the standards of the flower industry, or specific product performance; credit will not be issued. Credit will only be given for the exact number of stems affected.
Photo #6: Photo of the entire order received. Please keep in mind that per flower industry, there are some products that come packed in layers so if there is missing product make sure that you count the number of stems at the bottom.
Natura Blooms is not responsible for problems occurring during shipping from our location to your facility, including late deliveries caused by weather or acts of God. In the event that there is a claim with a delivery issue, claims must be submitted with either FedEx and UPS or the Flight forwarder or trucking company. While we will try to act in your behalf so these companies will help you process your claim, Natura Blooms is not responsible for any shipping related claims and whatever resolution are what the shipping companies provide, are what is going to be honored for issues with product while in transit.
Please do not dispose of your product or original boxes. Product must be returned to be considered for credit. NO EXCEPTIONS. Keep all product including the original box(es), wrapping, and FedEx label which must be returned to Natura Blooms. A Customer Service representative can provide additional information on how to return your product. If you are unable to speak to a representative or for self-return purposes, please reference your order number with your return and return your order to:
Attn: Customer Returns [your order # here]
5645 Coral Ridge Dr. #111
Coral Springs, FL 33076
Following receipt, your claim will be processed and order refunded pro-ratably for the product returned. Claims cannot be honored without a return. Up to 5 business days may be taken to process your return followed by 5 additional business days for your bank to reflect the credit into your account.
Issues resulting from partial product received will be refunded or replaced in full. To qualify, photos showing farm labels, complete packing materials, box, carrier label and contents inside of the box upon arrival must be submitted. If report of farm invoice, photos and videos of quality control in origin and standard pack of the flower industry demonstrate that product received was included, product must be returned to the address shown above for a partial or full refund to be granted. Please contact Natura Blooms immediately upon receipt of flowers so a replacement can be sent. Partial product credits are not honored without returned product.
Non-breed specific flowers received in a color remarkably different from the product ordered must be returned for inspection within a day of delivery. Variations in color shading resulting from natural flower imperfections unfortunately cannot be refunded. Due to the normal tendencies of Mother Nature, some natural color variations are to be expected. When a color has been delivered that is deemed significantly different from that ordered, the full contents of the box, original flower box and packing must be returned in the same condition as was shipped. Non-breed specific flowers are products sold under general product color names, such as, but not limited to, red roses, white gerbera flower, white snapdragons, bi-color red white rose, etc.
Breed specific flowers that are unsatisfactory in color do not qualify as a product defect. When a breed specific flower is available for sale, Natura Blooms offers such breed, rather than a flower color, for sale. Natura Blooms makes no claim on colors associated with particular flower breeds sold under their industry trademark, breed, or trade variety name. Flowers sold under specific names include, but not limited to, the Freedom Rose, Red Aranal Calla, Festiva Maxima peony, Chocolate Cosmos and many others.
Claims made from flower wilting due to door drop-off or lack of hydration upon arrival cannot be honored. Customers are required to be available upon delivery of flowers, put flowers indoors in a fresh place and hydrate them upon delivery. If flowers are left outdoor unattended for more than 5 minutes during extreme [cold/hot] weather conditions, flower performance could be affected and therefore claims resulting from leaving boxes unattended outdoor, or lack of hydration upon receiving flowers cannot be honored.
If the product was mishandled or mistreated by the customer when unpacking or arranging flowers, Natura Blooms cannot be held liable for resulting damage caused to the product.
While Natura Blooms guarantees against product freshness or defect upon delivery, flower performance is not subsequently warranted. Therefore, growth of flowers or open blooms cannot be guaranteed within a stated period of time due to uncontrollable factors such as care and handling and ambient temperature following delivery, breed characteristics and Mother Nature. Customer is responsible for familiarity with wholesale fresh cut flowers, foliage and other floral goods, as well as their proper use. In some cases, flowers may require additional hydration and processing prior to be arranged. Natura Blooms is not responsible if you, the recipient, mishandles the flowers, does not hydrate them upon arrival, or does not follow proper care and handling. If you have any questions regarding proper use of our products, please contact Natura Blooms.
While Natura Blooms will honor claims when the policy has been met by replacing flowers or providing refunds, Natura Blooms and its associated farms are not responsible for customer or related party expenses arising from the loss or non-performance of faulty product.
VII. Product Satisfaction & Returns
We understand that you may have reason to return your order. Natura Blooms gladly accepts returns under its Satisfaction Policy. Please note that returns are subject to a 35% restocking fee based off your total order amount and product MUST BE returned via Overnight Service due to the perishability of the product(s) purchased and shipping charges for returns are at the customer expense. Using your original box and packing, please return your purchase to:
Attn: Returns [your order #]
5645 Coral Ridge Dr. #111
Coral Springs, FL 33076
Product returned must be received prior to events NO EXCEPTIONS via a overnight delivery service and in usable condition to be restocked in local markets for resale purposes. Complete item(s) purchased must be returned with original box(es) and packing. Partial, altered or damaged product will result in a pro-rated or loss of entire refund. Customer assumes return shipping fees for reasons other than receipt of damaged or incorrect product. If you require a return label, please contact a representative and shipping fees will be discounted from the refund issued. Please reference your order number inside your packaging.
If an order is returned using a service other than OVERNIGHT EXPRESS SERVICE for delivery the following day, due to the perishability of the product(s) purchased, a refund cannot be granted.
Returns under the Satisfaction Guarantee are not available during declarations of National Emergencies or Acts of God.
Floral Supply products are not returnable: All floral supply sales are FINAL and cannot be returned. All floral supplies ship directly from the manufacturer or authorized distributor and they do not accept returns for these products. Please make sure that items and quantities selected are the ones desired prior to placing your floral supply order.
VIII. Free Product Offers
From time to time, NaturaBlooms makes product available at no charge as part of a purchase of specially market products. Please note the following terms on free product offers:
* No substitutions, transfer, or cash equivalent for the credit will be given.
* NaturaBlooms.com is not responsible or liable for technical malfunctions of any kind, lost or unavailable network connections, or failed or delayed electronic communications caused by you or any of your equipment.
* NaturaBlooms.com is not responsible for product defect, performance, color or inclusion within packing.
* All items must ship to a single address.
* Offer cannot be applied to orders already placed with NaturaBlooms.com.
* Offer valid while supplies last.
IX. Copyright, Trademarks, Patents, License and Site Access
Content, information, images, text, graphics, photos, exclusive products, logos, symbols, and marketing and advertising ideas and concepts provided on NaturaBlooms.com are protected by federal Copyright laws. Natura Blooms content cannot be used for commercial purposes. Requests to use images or website content for non-commercial purposes must be made in writing. Any violations of these terms will result in prosecution to the fullest extent permitted under Federal law.
X. Terms of Payments
The company accepts PayPal, eCheck and all credit and debit cards for purchase of products.
XI. Terms of Debt Collection
Inasmuch as purchases are made on checks, credit cards, debit cards, Paypal, and other forms of payment, it is possible that your payment fails to cover the amount due for your goods at the time of delivery to you. Additionally, inasmuch as purchases are made on extended credit, payment may not have been received. In these instances, the amount of the purchase constitutes your debt to Whole Blooms Inc. Therefore, Whole Blooms Inc may undertake additional attempts to charge your credit or debit card, when so provided, using the information you provided, until the debt is fully paid off. Whole Blooms Inc may, though it does not have the obligation to, attempt to settle the debt amicably, including the use of e-mail, and phone notifications and reminders.
Whole Blooms Inc reserves the right, at any moment of your indebtedness, to contract a debt collection agency (the Contractor) in order to claim the amount due from you as the debtor. In the event the sales invoice shall be placed in the hands of a Contractor for the purpose of collection, with or without litigation, the Buyer agrees to pay any and all costs associated with such placement, including, without limitation, costs incurred prior to, during, or subsequent to collection. Whole Blooms Inc shall have the right to charge interest on all outstanding balances at an annual rate of 5% or the highest rate allowed by law (whichever is less).
Whole Blooms Inc may pursue or authorize the Contractor to undertake any appropriate legal action required to collect the debt, including filing a lawsuit. In the event an attorney’s fees and/or other litigation costs are necessary to collect on an account not paid when due, said fees shall be charged to you as the debtor. Any court cost, countersuit cost, or other legal cost must be paid up front by the Contractor and charged to you, as the debtor. Whole Blooms Inc also reserves the right to transfer such receivables to third parties, in which case the third party becomes interested in, and responsible for, collecting the amount due from the debtor.
All merchants processing, transmitting, or storing credit card data are required to comply with the Payment Card Industry (PCI) Data Security Standard. Rest assured that Natura Blooms has met the required standards to ensure safe processing practices. During purchase, your credit card number is sent secure to the merchant processing provider. Natura Blooms does not store your credit card number. When emailing Natura Blooms, please do not send your credit card information.
Natura Blooms reserves the right to confirm that the credit card number and information provided online is accurate. Natura Blooms will not deliver product that has been purchased with cards reported lost or stolen.
If a purchase was made using your credit card without your authorization, please report this incident to your credit card company immediately. Federal law limits your responsibility for unauthorized charges to $50. In most cases, however, credit card providers waive this amount.
XIII. Services Contract
Login and access service provided by Whole Blooms Inc (hereafter referred to as "The Company") are for the sole use of the User and not for use by any other party without the prior written consent from the Company, which may be given at its sole discretion. In the event the User attempts to grant access to an unauthorized user, the Company may, at its sole discretion, terminate the Services.
Intended Use of the Services
User acknowledges and agrees that the Services are for business use and agrees not to use the Services in a manner prohibited by any federal or state law or regulation. User further agrees to adhere to the Company's Acceptable Use Policy ("AUP") which is available on the Company website.
System and Network Security
Users may not attempt to circumvent user authentication or security of any host, network, or account (also known as "cracking"). This includes, but is not limited to, accessing data not intended for the User, logging into a server or account the User is not expressly authorized to access.
Users may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users may not use any kind of program/script/command, or send messages of any kind, designed to interfere with the normal working function of the website.
Users who violate systems or network security may incur criminal or civil liability. The Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Privacy; Monitoring the Services
The Company may from time to time observe and disclose information regarding User's use of the Services for any reason and at the Company's sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver access and functionality in an effective manner, or to otherwise protect the Company and its Users.
Disclaimer of Liability
THE SERVICES PROVIDED BY Whole Blooms Inc ARE PROVIDED "AS IS." THE COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY REGARDING THE RELIABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF ITS SERVICES. UNDER NO CIRCUMSTANCES SHALL THE USER HOLD THE COMPANY OR ANY OF ITS AGENTS, CONTRACTORS OR REPRESENTATIVES RESPONSIBLE FOR ANY FORM OF DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES) SUFFERED FROM, BUT NOT LIMITED TO DELAYS, LOSS OF INFORMATION, DELAYS IN THE INSTALLATION OR PROVISIONING PROCESS, OR INTERRUPTIONS IN THE SERVICES CAUSED BY THE USER, THE COMPANY OR A THIRD PARTY'S NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM. USER UNDERSTANDS THAT TELECOMMUNICATION AND/OR NETWORK ACCESS SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND FOR OTHER REASONS WITHIN AND OUTSIDE OF THE DIRECT CONTROL OF US. UNDER NO CIRCUMSTANCES DO ANY SUCH ERRORS, DELAYS, INTERRUPTIONS IN SERVICES OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS AND CONDITIONS. THE COMPANY RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A USER AT ANY TIME WITHOUT CAUSE.
Venue/Choice of Law
These Terms and Conditions shall be construed in accordance with the laws of the State of Florida (excluding rules regarding conflicts of law) and the United States of America. In the event of any dispute, the parties submit to the personal jurisdiction of and venue in the Superior Court of the State of Florida and the federal courts located in Broward County, Florida. Any disputes must be filed in Broward County, Florida.
In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions will remain in full force and effect.
User shall indemnify and hold the Company harmless against any and all claims, losses, damages and liabilities sustained by User resulting from, rising out of, or connected with any breach of, or non-fulfillment of any representation, warranty, covenant or agreement made by or other obligation of User contained in these Terms and Conditions.