Terms and Conditions
Agreement Between User and www.iBuyFlowers.com
Welcome to www.iBuyFlowers.com . The www.iBuyFlowers.com website (the “Site”) is comprised of various web pages operated by iBuyFlowers LLC (“iBuyFlowers”). www.iBuyFlowers.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.iBuyFlowers.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.iBuyFlowers.com is an E-Commerce Site
iBuyFlowers LLC has developed a digital trading platform named www.iBuyFlowers.com . The company is responsible for logistics, collecting the money from the buyers and paying the growers and suppliers. The platform connects growers and suppliers directly with florists, event planners and wedding planners in the United States of America. All products shipped through the platform will be floral-related products including hard goods. Florists, event planners, and wedding planners are able to purchase – via iBuyFlowers LLC – directly from growers and suppliers. iBuyFlowers LLC purchases from the growers and suppliers and sells to florists, event planners, and wedding planners.
Privacy
Your use of www.iBuyFlowers.com is subject to iBuyFlowers’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.iBuyFlowers.com or sending emails to iBuyFlowers constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that iBuyFlowers is not responsible for third-party access to your account that results from theft or misappropriation of your account. iBuyFlowers and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. iBuyFlowers does not knowingly collect personal information from persons under the age of thirteen. If you are under 18, you may use www.iBuyFlowers.com only with permission of a parent or guardian.
Links to Third-Party Sites / Third-Party Services
www.iBuyFlowers.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of iBuyFlowers and iBuyFlowers is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. iBuyFlowers provides these links solely as a convenience, and the inclusion of any link does not imply endorsement by iBuyFlowers of the site or any association with its operators. Certain services made available via www.iBuyFlowers.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the www.iBuyFlowers.com domain, you acknowledge and consent that iBuyFlowers may share information and data with any third party with whom iBuyFlowers has a contractual relationship to provide the requested product, service or functionality on behalf of www.iBuyFlowers.com users and customers.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.iBuyFlowers.com strictly in accordance with these Terms. You warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of iBuyFlowers or its suppliers and protected by copyright and other laws. You agree to observe all copyright and proprietary notices and not to make any changes thereto. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any content found on the Site. Your use of the Site does not entitle you to any ownership rights in protected content.
International Users
The Service is controlled, operated, and administered by iBuyFlowers from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use iBuyFlowers content accessed through www.iBuyFlowers.com in any country or in any manner prohibited by applicable laws or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless iBuyFlowers, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of applicable laws. iBuyFlowers reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with iBuyFlowers in asserting any available defenses.
Arbitration
In the event the parties are unable to resolve any dispute arising out of or concerning these Terms and Conditions, such dispute shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association (or similar service), in a mutually agreed location. The arbitrator’s award shall be final, and judgment may be entered upon it in any court with jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. A party may bring claims only in its individual capacity, not as a plaintiff or class member in any class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate claims of more than one person or preside over any class proceeding.
Liability Disclaimer
The information, software, products, and services available through the Site may include inaccuracies or typographical errors. Changes are periodically made to the information. iBuyFlowers LLC and/or its suppliers may make improvements and/or changes to the Site at any time. To the maximum extent permitted by law, all information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. iBuyFlowers LLC and/or its suppliers hereby disclaim all warranties and conditions including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. To the maximum extent permitted by law, in no event shall iBuyFlowers LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including loss of use, data or profits, arising out of or connected with the use or performance of the Site. If you are dissatisfied with any portion of the Site, your sole remedy is to discontinue using the Site.
Termination / Access Restriction
iBuyFlowers reserves the right, in its sole discretion, to terminate your access to the Site and related services at any time without notice. This agreement is governed by the laws of the State of New York, and you consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. If any part of this agreement is determined to be invalid or unenforceable, the remainder shall continue in effect. This agreement constitutes the entire agreement between the user and iBuyFlowers with respect to the Site.
Changes to Terms
iBuyFlowers reserves the right, in its sole discretion, to change the Terms under which www.iBuyFlowers.com is offered. The most current version will supersede all previous versions. Please review the Terms periodically to stay informed of updates.
Contact Us
iBuyFlowers LLC 228 East 45th Street, Suite 9E, New York, NY 10017 Email: info@ibuyflowers.com Phone: +1 844-428-9100 Effective as of November 01, 2016