Terms of Use

Last Updated: December 3, 2023

Welcome to CommackFlorist.com® (hereinafter referred to as "CommackFlorist.com" or "the Company"). Together with our Affiliates (collectively, "us," "we," and "our"), we invite you to explore our diverse family of brands through our website at www.CommackFlorist.com and the websites of our Affiliates that are linked to these Terms of Use (collectively, the “Website”).

These Terms of Use (hereinafter referred to as the "Terms") govern your engagement with and utilization of our wide array of services, including but not limited to: (i) our Website, (ii) our mobile applications ("Apps"), (iii) our social media applications and platforms (including Facebook applications), (iv) our various merchandising channels encompassing internet, telephone, text messaging (SMS and MMS), catalog, radio, television, and Company-owned retail stores, and (v) all of our products and services made available to you through any of the aforementioned channels (hereinafter collectively referred to as the "Service"). Our Service is dedicated to providing access to a vast selection of floral, plant, gift basket, gourmet food, gift, and events products and services, as well as valuable information and ideas, to the widest possible audience.

By accessing any of the Company's merchandising channels, including but not limited to, the Internet, telephone, catalog, radio, television, mobile devices, social media, and participating retail stores, and any areas of the Service, you unequivocally agree to be legally bound by and to comply with these Terms of Use.

IMPORTANT NOTICE: These Terms of Use encompass a binding arbitration agreement and a class action waiver that significantly affect your rights, including the waiver of your right to a court hearing and jury trial. By engaging with any aspect of the Service, you acknowledge your understanding and acceptance of these legal stipulations.

Age Restriction

Eligibility: The Site and its services are designed and intended exclusively for individuals who are at least 18 years of age. By accessing or using the Site, you affirmatively represent and warrant that you are of legal age to enter into a binding contract with CommackFlorist.com (hereinafter referred to as "the Company") and meet all eligibility requirements set forth. Access by individuals under the age of 18 is unauthorized and in violation of these Terms of Use.

Ownership, Trademarks, and Patents

Intellectual Property Rights: The Site, including but not limited to all of its content, features, and functionality (encompassing information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), is the exclusive property of the Company, its licensors, or other material providers. These elements are protected under both United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unauthorized use of any such material may be a violation of these laws and could lead to legal action.

Disclaimers and Limitation of Liability

Service Usage Risks: EXCEPT AS EXPRESSLY STATED OTHERWISE IN THESE TERMS OF USE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE COMPANY, ALONG WITH ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), AND ASSOCIATES, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE. THERE IS NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR IS THERE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.

100% Smile Guarantee: Notwithstanding the foregoing, the Company does provide a "100% Smile Guarantee" which ensures that floral arrangements will remain fresh for seven days following delivery, and that foodstuff products will be wholesome and free of significant defects. In the event that our products do not meet these standards, the sole and maximum liability of the Company will be, at its discretion, to either refund the actual purchase price paid by the customer or to replace and deliver an equivalent floral arrangement or foodstuff product as soon as reasonably practicable.

Third-Party Service Providers

Some aspects of our Service may depend on third-party service providers, such as wireless carriers or social media platforms. We do not exercise control over these third-party entities and, therefore, cannot be held responsible or liable for their actions or inactions.

User Responsibility

It's important for you to review and understand the terms, policies, and guidelines of these third-party service providers before using our Service through them, as their terms are distinct from ours.

SMS Service

Opt-In and Messaging

By opting into any of the CommackFlorist.com® family of brands’ marketing, promotional, and delivery notification text messaging services, which include SMS and MMS (collectively, the “SMS Service”), you will receive an SMS message to confirm your signup. Message frequency and short codes may vary by brand.

User Control and Carrier Involvement

You may discontinue the SMS Service at any time by replying “STOP” to cancel and “HELP” for assistance. This Service is provided through participating third-party mobile phone/wireless carriers, and message and data rates may apply. These carriers are not liable for delayed or undelivered messages. For inquiries about the SMS Service, contact us at: Support@commackflorist.com or call Commack Florist at (631-462-9393).

Platform Providers

App Availability

Platform providers such as Apple, Inc. and Google, Inc., which make our mobile applications (Apps) available for download, are not parties to these Terms of Use. They have no obligation to provide any maintenance or support services for the Apps.

User Acknowledgment

In the event of an App failing to conform to any warranties, you may notify the applicable Platform Provider, who may refund any purchases made through the App, if applicable. These Platform Providers have no other warranty obligations concerning the Apps and are not responsible for any claims related to the Apps, including product liability, legal compliance, or consumer protection claims. The Platform Providers are third-party beneficiaries of these Terms of Use, having the right to enforce these Terms against you as a third-party beneficiary.

Legal Compliance

You confirm that you are not located in a country under a U.S. Government embargo or designated as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Sites

External Links

We may provide links and pointers to Internet sites maintained by third parties (“Third-Party Sites”) that are not affiliated with us. These sites may be located in different countries and subject to varying regulatory and legal requirements. Accessing these links is at your own risk, and they are provided solely for your convenience.

Proprietary Rights

Content Ownership and Restrictions

You acknowledge that the Service contains a variety of content ("Content") including, but not limited to, information, data, software, photographs, graphs, videos, typefaces, graphics, music, and sounds that are protected by copyrights, trademarks, or other proprietary rights. These rights are valid and protected in all forms, media, and technologies currently existing or developed in the future. The Content is copyrighted as a collective work under U.S. copyright laws, with copyright in the selection, coordination, compilation, arrangement, and enhancement of such Content potentially owned by the Company, its Affiliates, or third-party licensors.

Usage Limitations

You are prohibited from modifying, removing, deleting, augmenting, adding to, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, or exploiting any of the Content, wholly or partially, for any purpose, monetary gain or otherwise. If not explicitly restricted, Content may be used for your personal non-commercial purposes, provided that all copyright and trademark notices are maintained. Any use of software Content is governed by the accompanying software license agreement.

Third-Party Content on the Website

Distribution and Responsibility

The Company acts as a distributor, not a publisher, of Content supplied by third parties on the Service. Opinions, advice, statements, services, offers, or other information from third parties, including Providers, Merchants, Sponsors, Licensors, or users, are those of the respective authors or distributors and not of the Company or its Affiliates. The accuracy, completeness, usefulness, merchantability, or fitness for a particular purpose of any such Content is not guaranteed by the Company, its Affiliates, or any authorized personnel.

User Discretion and Liability

Much of the Content presented through the Service reflects the opinions and judgments of respective third parties. The Company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made on the Service by anyone other than authorized employees. The Company, its Affiliates, and their respective personnel shall not be liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the validity, accuracy, and relevance of any information, opinion, advice, or other Content available through the Service.

Accessibility Statement

Commitment to Accessibility

The Company is dedicated to ensuring that our Website's content is accessible and user-friendly for everyone. If you encounter difficulties in viewing or navigating the content on the Website, or if you notice any content, feature, or functionality that appears to be inaccessible to individuals with disabilities, please contact us immediately.

Contact and Feedback

For issues related to accessibility, you can reach us at 1-631-462-9393 or email support@commackflorist.com with “Disabled Access” in the subject line, along with a description of the specific issue or suggestion for improvement. We seriously consider your feedback and will incorporate it into our ongoing efforts to improve our accessibility policies. While we do not control third-party digital content vendors, we strongly encourage them to provide content that is accessible and user-friendly.

Copyright Agent

Policy and Process

The Company respects the intellectual property rights of others and has adopted a policy of terminating user privileges and membership of those who infringe the rights of copyright holders. In cases of copyright infringement, please provide the following information to the Company’s Copyright Agent as required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

• Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the infringing material and information reasonably sufficient to permit the Company to locate the material.
• Contact information of the complaining party.
• A statement that the complaining party has a good faith belief that use of the material is unauthorized.
• A statement, made under penalty of perjury, that the information is accurate and the complaining party is authorized to act on behalf of the copyright owner.

Contact Information

Copyright Agent

Attn: COPYRIGHT AGENT

CommackFlorist.COM, INC.

6572 Jericho Turnpike

Jericho, Commack NY 11725

Telephone: 631-462-9393

Email: copyrightagent@commackflorist.com

User Submissions

Rights and Grants

The Company does not claim ownership of the Content you submit or make available for inclusion on the Service. By providing User Submissions, you grant the Company and its Affiliates a worldwide, perpetual, royalty-free, irrevocable, transferable, non-exclusive right to use, reproduce, publish, display, modify, and exploit these Submissions in various forms and media.

User Representations

You warrant that you own or control all rights to your User Submissions and that public use by the Company will not infringe on any third-party rights. You acknowledge that you will not receive compensation for any User Submissions and waive any claims against the Company regarding your Submissions.

Liability and Termination

The Company, its Affiliates, and their respective officers, directors, agents, or employees are not liable for any use or disclosure of User Submissions. The Company reserves the right to suspend or terminate participation in any part of the Service for users who violate these Terms of Use.

Use of Public Forums

Definition and Guidelines

A "public forum" includes any message board, chat room, discussion group, or other interactive services on the Service. Users must not submit or post unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable material in public forums. Impersonation and commercial use are prohibited.

Responsibility and Screening

The Company is not responsible for User Submissions in public forums and does not screen them for legal compliance or accuracy. However, the Company retains rights as specified in the "Company's Rights" section regarding the management of such content.

Distribution/Uploading by Users of Third Party Content

User Responsibility

You agree not to upload or distribute any third-party content that is subject to copyright or other proprietary rights without authorization. Engaging in unauthorized submission or distribution of such content is illegal and may subject you to personal liability for damages.

Compliance with Laws and Export Regulation

Legal Compliance

You agree to use the Service and its Content in compliance with all applicable laws, rules, and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of the Company or its Affiliates.

Export Control

You will comply with U.S. export control laws that regulate the export and re-export of technology. This includes not transferring any Content derived from the Service to foreign nationals or destinations in violation of these laws.

The Company's Rights

Monitoring and Disclosure

The Company may monitor areas of the Service and disclose any Content or electronic communication of any kind: (i) to satisfy legal, regulatory, or governmental requests; (ii) for service operation; or (iii) to protect the rights or property of the Company, its users, or Affiliates.

Content Removal

The Company reserves the right to remove or prohibit Content that it deems harmful or in violation of any law or these Terms.

Online Conduct

User Behavior

You agree to use the Service only for lawful purposes and in a way that does not inhibit other users' use or enjoyment of the Service. You will not engage in sending unsolicited advertisements or attempt to violate the Service's security features.

Purchases

Payment Terms

All purchases through the Service are governed by the payment terms displayed, which form part of these Terms of Use.

Privacy Notice

Privacy Commitment

Our Privacy Notice, which is part of these Terms of Use, outlines our practices regarding the collection and use of user information.

Loyalty Programs and Promotion Offers

Terms and Conditions

Our loyalty programs and promotional offers are subject to specific terms and conditions, which are available on our marketing materials and websites.

Indemnity

User Liability

You agree to indemnify and hold harmless the Company and its Affiliates from any third-party claims arising from your use of the Service, User Submissions, or violation of any rights of a third party or law.

Termination of Usage; Updates to Service

Service Modification

The Company may modify, suspend, or discontinue the Service at any time without notice and is not liable for any unavailability of the Service.

Severability

Validity of Terms

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will still be in effect, and the invalid provision will be modified to reflect the parties' intention.

Governing Law, Waiver of Jury Trial & Arbitration; CLASS ACTION WAIVER

Jurisdiction and Arbitration

The Service is controlled by the Company from its offices within the United States. The Service is not represented as appropriate for use in other locations where its content may be illegal. Those accessing the Service from other locations do so on their own initiative and are responsible for local law compliance.

Disputes arising from these Terms of Use shall be governed by the laws of the State of New York, excluding its conflict of law principles. All disputes will be resolved exclusively through final and binding arbitration or in a state small claims court, under the American Arbitration Association ("AAA") rules.

Arbitration Details

Arbitration will be conducted by a single arbitrator under AAA rules, either on submission, telephonically, or at a AAA location. The arbitrator is limited to awarding direct damages and has no authority to award punitive damages or equitable relief. There is no right to a jury trial except as provided by these Terms.

Class Action Waiver

Claims must be arbitrated on an individual basis, and there will be no right to participate in a class action or to consolidate or join the claims of others.

Severability

If any part of this arbitration provision is deemed invalid, the rest remains enforceable.

Notice for New Jersey Residents

TCCWNA Compliance

No provision in these Terms shall violate any legal right of New Jersey consumers under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”). This includes protection against seller’s tortious actions, the New Jersey Products Liability Act, the New Jersey Punitive Damages Act, the New Jersey Uniform Commercial Code, and laws protecting against criminal acts such as identity theft and fraud.

Notice for California Users

Consumer Rights Notice

California users have specific consumer rights under California Civil Code Section 1789.3. For complaints, contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

Acknowledgment and Changes

Agreement and Amendments

These Terms, along with our Privacy Notice and other referenced documents, represent the entire agreement between you and the Company. You agree to be bound by these Terms by using any area of the Service. The Company may amend these Terms, with changes becoming effective as specified or upon posting.