Last Updated: December 3, 2023
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
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.
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.
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).
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.
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.
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.
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.
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 firstname.lastname@example.org 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.
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:
Attn: COPYRIGHT AGENT
6572 Jericho Turnpike
Jericho, Commack NY 11725
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.
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.
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
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
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.
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.
The Company reserves the right to remove or prohibit Content that it deems harmful or in violation of any law or these Terms.
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.
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.
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
The Company may modify, suspend, or discontinue the Service at any time without notice and is not liable for any unavailability of the Service.
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.
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.
If any part of this arbitration provision is deemed invalid, the rest remains enforceable.
Notice for New Jersey Residents
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
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.
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.