Terms of service
Last updated: February 1, 2021
Please review the following terms and conditions concerning your use of and access to our website and affiliated platforms (the “Service”). By accessing or using the Service, you agree to be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, you may not use the Service.
Notice: these Terms include a binding arbitration clause and a class action waiver, set out below, which affect how disputes with the Company are resolved. Please read them carefully.
Accounts
You must be 18 or older to use the Service. When you create an account, you agree to provide accurate information and to keep it current. You are responsible for maintaining the confidentiality of your account and password and for all activity that occurs under your account. Providing false or materially inaccurate information, or creating more than one account per person, may result in termination.
Submissions
Any comments, feedback, images, or other material you submit through the Service (“Submissions”) are considered non-confidential. By providing a Submission, you grant the Company a license to use it, and you represent that you own or have the right to share it and that it does not infringe anyone’s rights.
You agree not to post any Submission that is unlawful, defamatory, abusive, harassing, threatening, hateful, obscene, or that harms any person or entity. We reserve the right to remove any Submission at any time, for any reason.
Use of our content
All materials provided through the Service — including text, images, graphics, logos, and content — are protected by copyright, trademark, and other laws and are owned or controlled by the Company or its licensors. You may not copy, reproduce, distribute, modify, republish, or create derivative works from our content without our prior written permission.
You receive a limited, non-exclusive, non-transferable license to access the Service and view its content for personal use. No other right, title, or interest is transferred to you.
Accuracy of information
We work to keep the information on the Service complete, accurate, and current, but we cannot guarantee that it is always free of errors or omissions. Product images may represent an overall theme; actual arrangements may vary, as described in our Returns & refund policy.
SMS / text message marketing
If you opt in to receive text messages, you agree to receive recurring automated marketing messages at the phone number you provide. Consent is not a condition of purchase, and message and data rates may apply. You can opt out at any time by following the instructions in any message; this is the only reasonable method of opting out.
If you change or give up a mobile number you enrolled, you must opt out first. You agree to indemnify and hold us harmless from any claim or liability, including under the Telephone Consumer Protection Act, resulting from your failure to notify us of such a change.
Links to third-party sites
The Service may contain links to websites operated by others. We are not responsible for and do not endorse those sites or their content. Links are provided only as a convenience, and you access them at your own risk.
Disclaimer of warranties
Except where expressly stated otherwise, the Service and all associated goods, services, and materials are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.
Limitation of liability
In no event shall the Company or its third-party providers be liable for any indirect, punitive, special, incidental, or consequential damages, or for any loss of data, revenue, or profits, arising from your use of the Service, even if advised of the possibility of such damages.
Your responsibilities
You agree to comply with all applicable local, state, national, and foreign laws and regulations in connection with your use of the Service.
Dispute resolution — arbitration and class action waiver
We offer a process to help resolve complaints. Before starting a formal proceeding, you agree to first send us a written Notice of Dispute — including your name, contact information, the facts of the dispute, and the relief you seek — and to attempt to resolve it informally within 45 days.
If a dispute is not resolved within 45 days, you and the Company agree to resolve it through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, or, where eligible, in small claims court. By agreeing to arbitrate, you waive the right to a trial by judge or jury and the right to participate in a class action. Disputes will be conducted only on an individual basis.
Termination
Either party may suspend or terminate an account or use of the Service at any time. We reserve the right to change, suspend, or discontinue any aspect of the Service at any time.
United States only
Unless otherwise specified, the Service is intended for use within the United States. If you access it from elsewhere, you do so at your own risk and are responsible for compliance with your local laws.
Changes and contact
These Terms, together with our Privacy Policy, represent the entire agreement between you and the Company regarding the Service. We may change these Terms at any time, effective upon posting; please review them regularly. If any provision is held unenforceable, the remaining provisions will remain in full force.
If you have questions about these Terms, contact us at flowerpower.ym@gmail.com or (781) 762-1176, 111 Lenox St Unit 106, Norwood, MA 02062.