Terms and Conditions

These Terms of Use govern your access to and use of flowersdesignedbyyou.com (“Site”). By accessing or using the Site you agree to be bound by these Terms of Use, as they may be modified from time to time at Flowers Designed by You, Inc.’s (“FDBY”) sole discretion. If you do not agree to be legally bound by these terms, you are not permitted to use the Site.

Amendments: You acknowledge and agree that FDBY may revise these Terms of Use from time to time. Unless otherwise specified, those changes shall be effective immediately. By continuing to access or use the Site after FDBY makes any such revision, you agree to be bound by the revised Terms of Use.

Public Areas and the Subscription Service: FDBY include (i) public areas that are generally accessible to the public, and (ii) a subscription service (the "Subscription Service") that may only be accessed by registered users (the "Registered Users"). While FDBY will make reasonable commercial efforts to make the Subscription Service available, sometimes there may be interruptions or downtime as a result of maintenance or technical difficulties. Individuals who desire to become Registered Users in order to gain access to the Subscription Service will be required to select a user identification ("User ID") and password (the "Password"). Registered Users are solely responsible for all activity occurring through the use of their Password and for keeping their User ID and Password confidential. Registered Users shall notify us immediately upon becoming aware of any actual or suspected unauthorized use, unauthorized disclosure, or theft of any User ID or Password. You may not attempt to gain unauthorized access to the Subscription Service. Once you have paid for Subscription Services you will be unable to receive a refund if you wish to cancel the subscription prior to the scheduled end date.

Permitted Use: Subject to the terms and conditions of these Terms, and subject to payment for access to the Subscription Sevices, FDBY grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access, use and display the Subscription Service for your personal use (the "Permitted Use"). You agree to use the Site and the Subscription Service only for lawful purposes and for the Permitted Use. No other use of the Site and the Subscription Service is authorized. You are prohibited from any use of the Site and the Subscription Service that would constitute an illegal offense, give rise to liability or otherwise violate any applicable laws or regulations or these Terms. No right, title, or interest in the Site and the Subscription Service is transferred to you as a result of your use. All right, title, and interest in and to the Site and the Subscription Service are and will remain the exclusive property of FDBY and its licensors.

Additional Restrictions: The limited license granted to you pursuant to these Terms does not include any resale or commercial use of the Site and the Subscription Service. You may not reproduce, duplicate, copy, sell, resell, modify, reverse engineer, decompile, disassemble or create derivative works of or otherwise exploit for any commercial purpose the Site and the Subscription Service, or any portion of the foregoing, without FDBY express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site and the Subscription Service without FDBY express written consent.

Permitted Users: Currently, the Subscription Service is available for use only by individuals who are 18 years of age or older. You acknowledge and agree that you may not access, attempt to access, or use the Subscription Service if you are not at least 18 years of age.

Privacy: By using FDBY and providing information to us, you agree that we may use the information you provide to us in accordance with our Privacy Policy.

Disclaimer: YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SUBSCRIPTION SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FDBY MAKES NO WARRANTY THAT THE SITE AND THE SUBSCRIPTION SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FDBY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SUBSCRIPTION SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FDBY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU AGREE THAT THE AGGREGATE LIABILITY OF FDBY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE LESSER OF (A) AMOUNTS YOU HAVE PAID TO FDBY FOR ACCESS TO AND USE OF THE SUBSCRIPTION SERVICES (WHICH WOULD BE ZERO DOLLARS IF YOU HAVE NOT PURCHASED SUBSCRIPTION SERVICES) OR (B) ONE HUNDRED DOLALRS ($100.00) THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FDBY AND YOU.

Indemnification:You agree to defend, indemnify and hold FDBY harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of THE Site or the Subscription Services

Termination: You acknowledge and agree that FDBY may suspend or terminate your access to and use of FDBY at any time, with or without cause, at absolute discretion and without notice, including for any breach of these Terms. The relevant version of these Terms shall continue to apply to all prior use of FDBY. The following paragraphs of these Terms shall survive termination of your use or access to FDBY: paragraphs concerning indemnification, disclaimers, limitations of liability, termination and general provisions and any other provision that by its terms survives termination of your use of or access to FDBY.

Links to Other Websites and Services: To the extent that The Site or the Subscription Services contain links to outside services and resources, the availability and content of which FDBY does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. FDBYmakes no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.

Applicable Law: The laws of the Commonwealth of Massachusetts will govern these Terms of Use without giving effect to any principals of conflict of laws. All claims and disputes arising out of these Terms of Use , the Site or the Subscription Services, other than action for specific performance or injunctive relief brought by FDBY, shall be exclusively brought in the state courts located in Essex County, Massachusetts, USA and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts.

General Provisions: Failure by FDBY to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. In the event that any portion of these Terms is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions. These Terms constitutes the entire agreement between you and FDBY with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreement not specifically incorporated herein. Any claim under these Terms must be brought within one (1) year after the date upon which the cause of action arose.