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DaFloresSM Terms of Use



Updated Nov. 24, 2010

By clicking that you accept these Terms and Conditions of Use of daFlores.com or Rosesnboxes.com, you agree to a legally binding contract between you, the user, and FloresaColombia Inc., DBA daflores.com and Rosesnboxes.com ("Company" "daFlores", "we" or "us"). FloresaColombia Inc., owns and operates the daFlores.com Website, and the Rosesnboxes.com Website ("Sites"), the software, applications, and other services offered on or through the Sites (collectively, the "Services"). You acknowledge that you have legal authority to enter into this contract. "User" includes all visitors to the Sites, and those registered with the Sites.

We reserve the right to change, modify, add, or remove portions of these terms at any time. You agree to check these Terms and Conditions (“Terms”) periodically for changes. The Terms can be found at the bottom of the Home Page of the Sites. Your continued use of our Sites following the posting of changes to these Terms, including the Privacy Policy, will mean you accept the changes. The Terms outline the legal obligations of Company and you, the user, and also outline what you can and cannot do while accessing the Sites and Services.

BY ACCESSING OUR SITES AND USING THE SERVICES, AND ANY OF THE UPDATES THEREOF, AND BY PROVIDING OR SUBMITTING INFORMATION THROUGH OUR SITES AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS, SUPPLEMENTAL TERMS AND CONDITIONS WHERE APPLICABLE, AND THE PRIVACY POLICY INCORPORATED BY REFERENCE INTO THE TERMS, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS OUR SITES, USE THE SERVICES, OR PROVIDE ANY INFORMATION THROUGH OUR SITES.

Please be sure to read our Privacy Policy which outlines our policies to respect the privacy and enjoyment of users.

Accessing the Sites and Services from territories where the content is illegal is prohibited. If you choose to access the Sites and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

Registration and Membership. In order to place an order with our Site, you must register. If you register for an Account, you can track orders, create an address book, store shipping addresses, discounts, and other features offered through our Services. When you register, we will ask for your name, email address, phone number, and address. By registering with our Site, you agree not to provide any false information on the Site or through the Services, or to create an account for anyone other than yourself.

My Account. You manage your information by clicking on "My Account" at the top right side of the Site. Your account is personal to you, which means that you are not authorized to transfer, loan, give or sell your account membership. You agree to keep your contact, account information and personal information through your "My Account" up dated and accurate. It is your responsibility to keep your account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify Company immediately if there is any actual or suspected unauthorized use of your account. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent of daFlores, which may or may not be granted, at the sole discretion of daFlores. If you experience a problem accessing your Account or Account Settings, please contact us at info@daflores.com

Security. We take great care in maintaining the security of your information, and preventing unauthorized access to it, through the use of commercially reasonable technology and internal procedures. Our Sites and Services are secured by VeriSign security certificates and McAfee HackerSafe monitoring to help ensure the security. Our third party service providers employ SSL during your order processing, and your credit card information is encrypted. Employees /agents can only see that last 4 digits of client's card. Live Chat, email and the call center calls are all handled by daFlores employees or contractors.

Pricing, Payment and Orders. We recognize the importance of your privacy and employ SSL during transactions. We use various payment processors. You may use your Paypal account to place an order with us. Please refer to their website's privacy policy and terms of use for their use of your information and any changes to your Paypal account. Our FAQs page provides helpful information including information about placing an order and canceling an order. Our pricing and features are subject to change upon 30 days notice, with such notice provided at any time by posting the changes to the Site.

Refunds. Your satisfaction is our highest priority. Your satisfaction is our priority. If you have any complaints or problems, please report the issue within five days of the requested delivery date and we will make every effort to correct any problems to your satisfaction. It is in our sole discretion whether to provide a refund or a reasonable equivalent flower arrangement or gift basket as soon as reasonably practicable.

Substitutions. Flower arrangements are unique and handmade, so no two will be quite alike. Every effort is made to fulfill your order as closely as possible to the product photos and descriptions, but in some cases it might vary. In order to ensure your order is delivered on the date you requested, we may make substitutions. We take great care to ensure that the replacement item is as similar to the one ordered as possible. In arrangements of assorted flowers, we will use the colors shown online if possible, even if it means using flowers of equal or greater value. For one-of-a-kind flower arrangements, such as roses, sunflowers or lilies, we will make every attempt to match the flower type, but may substitute with a different color. If the vase or other container shown online is not available, a similar container will be used

Deliveries. We usually provide same-day delivery in the United States and most Latin America cities, if you place your order by 12 noon Eastern Time. Orders are usually delivered between 9 am and 7 pm local time in the country of delivery. If the recipient is not available at the time of delivery, we use our best judgment on the safety of the delivery, and will leave the flowers and/or gift basket with a neighbor, come back to re-attempt delivery, or may contact the recipient to coordinate delivery. DaFlores will make every effort to deliver the floral arrangement and/or gift basket on the requested day. Unfortunately, due to various circumstances, we are unable to guarantee a delivery time. If the delivery address is, or seems to be incorrect, we may contact the recipient to confirm the address. During major holidays, such us Valentine’s Day, Mother’s Day, and Love and Friendship Day, our delivery time frame may vary, and florists may deliver your order one day early in order to ensure that all orders are delivered on time.

Live Chat. DaFlores.com provides an online bilingual live chat software service offered through our third party service (Live Person) to assist you with questions and order information. Our contractors/employees will ask for your name, email address, and order number if applicable, so that we can serve your needs.

Copyright Infringement. We will investigate notices of copyright infringement and take appropriate actions under applicable local law including, in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to our DMCA Agent by emailing us at copyright@daFlores.com. Click here to learn more about the DMCA notice. (The following can be a separate page since your DMCA issues will be rare)

We will investigate notices of copyright infringement and take appropriate actions under applicable local law including, in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to our DMCA Agent by emailing us at notice@daFlores.com. To be effective, the notification must include the following:
  1. An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;
  2. A description of the copyrighted work claimed to have been infringed;
  3. A description of the location of the infringing material and information reasonably sufficient to permit us to locate the material;
  4. Your contact information, including your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner. (This means that you are the owner, or you have written authorization from the copyright owner.)
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to large civil penalties and damages incurred by us, any copyright owner, or any copyright owner's licensee. You may also be subject to criminal prosecution for perjury. Please also note that the information provided in the above legal notice may be forwarded to the person who provided the allegedly infringing content and we may choose to publish Claimant information in place of disabled Content or Submissions. If you believe that someone has copied your work, either in part or whole, please follow our procedures. Click here if you would like to file a Counter Notice.

Counter Notice Under the DMCA. When we receive a notification of alleged copyright infringement, we remove the Submission that is the subject of the notification. If you believe your content was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages. If the original claim of alleged infringement was submitted under Section 512(c) of the Digital Millennium Copyright Act, you must use the DMCA counter-notification. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. You must send the Counter Notice to our designated agent for receiving notices of infringement, whose name and contact information is under the DMCA notice above.

A counter-notification must include the following specific elements:
  1. Identification of the specific URLs of material that our Site has removed or to which our Site has disabled access.
  2. Your full name, address, telephone number, and email address, and the username of your Account.
  3. The statement: "I consent to the jurisdiction of the Federal District Court in which the address is located, or if the user's address is outside of the United States, for any judicial district in which Company is located, and will accept service of process from the claimant."
  4. The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  5. Signature. A scanned physical signature or a valid electronic signature will be accepted.
  6. Submission. We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that Counter Notice be submitted from the email address associated with the account.
Process: What happens next? After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our Site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Rights and Restrictions on Use. You shall use the Sites and Services for lawful purposes only. You shall not post, submit, or transmit any material that (i) violates or infringes in any way upon the rights of others, including but not limited to, any intellectual property rights, the right of privacy, or publicity: (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains or implies false, inaccurate or misleading information, or likely or factually result in harm, or injury to person, animal, or property. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Sites or Services. You further agree that you will not use the Sites or Services to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of any kind, unless expressly authorized to do so by us. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Sites or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Sites or restrict access to all parts of the Sites or Services without notice or liability. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent.

Intellectual Property and Copyright Notice. Our Sites are controlled and operated by FloresaColombia, Inc. Our software, applications, and our materials and information on the Sites and Services, including, but not limited to, images, text, data, illustrations, audio, video files, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Sites are the property of their respective owners. You agree that the Sites' and Services' Intellectual Property may not be used without the express written permission of FloresaColombia, Inc. And you shall not (i) remove or obscure any intellectual property notices; or (ii) hold yourself out as the owner or creator of any material on the Sites and Services unless you are the owner or licensee of such material (including but not limited to text and photos). You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Sites, Services, or users, or is likely to cause consumer confusion. Except as expressly authorized herein, material from the Sites and Services or material transmitted through the Sites and Services shall not be copied, modified, reproduced, republished, uploaded, posted, re-engineered, transmitted, re-transmitted, distributed or re-distributed, in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. If you have any questions or concerns about the intellectual property, including copyrights, on our Sites, please email us at notice@daFlores.com.

Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your membership and refuse to provide our Sites and Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss, injury or legal liability for you, our users, or Company, and its officers, directors, employees, agents, distributors, affiliates and third party suppliers. We can also terminate this Agreement at any time, with or without cause.

Linking To Sites. Links in the Sites may allow you to leave the Sites. Linked sites are not under our control and we are not responsible for the content or material available there. We are providing these links to other websites as a convenience to you, and access to any other website linked to the Sites is visited at your own risk. The inclusion of a link on the Sites does not imply a recommendation or endorsement by Company of the linked website. This includes all affiliates and advertisers. Please refer to the terms of use and privacy policy for each site visited.

Mobile Access. Our Sites are accessible for viewing on mobile devices. We don't charge for viewing our Sites, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy. Under no circumstances will we be responsible for any wireless usage charges incurred by a user.

DISCLAIMER OF WARRANTIES. THE MATERIALS, GOODS AND THE INFORMATION OFFERED ON AND IN THE SITES OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITES AND SERVICES. WE DO NOT WARRANT THAT THE SITES, COMPUTER SYSTEMS, SERVICES, OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITES, SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED EITHER BY US, ADVERTISING PARTNERS (AFFILIATES) OR ADVERTISED ON THE SITES. AS A SERVICE TO YOU, WE DO PROVIDE ACCESS TO THIRD PARTY AFFILIATES AND ADVERTISERS AND ASKS THAT YOU REVIEW THEIR COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THEIR TERMS AND CONDITIONS AND PRIVACY POLICY. YOU AGREE THAT NEITHER COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY PROVIDERS, AFFILIATES, NOR ADVERTISERS ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, SERVICE, INFORMATION, MATERIAL, CONTENT OR OPINIONS PROVIDED ON AND THROUGH THE SITES AND SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND SERVICES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY PROVIDERS, AFFILIATES, AND ADVERTISERS, FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITES, ANY SERVICES OR GOODS PROVIDED BY COMPANY OR ITS THIRD PARTY PROVIDERS. THE ENTIRE LIABILITY OF COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED AGENTS, THIRD PARTY PROVIDERS, AFFILIATES AND ADVERTISERS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. We reserve the right to assume, at our sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

Although unusual, please be aware of any allergies that your friends, families or others may have to flowers and certain foods. IN THE UNFORTUNATE AND VERY RARE EVENT THAT THE RECEPIENT OF YOUR ORDER DOES SUFFER FROM AN ALLERGIC REACTION FROM ANY ORDER PLACED THROUGH OUR SITES AND SERVICES, WE SHALL NOT BEAR ANY RESPONSIBILITY FOR SUCH AN ALLERGIC REACTION.

Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of Florida without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in Dade County and the Southern District of Florida. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Minors. Our Sites are directed at those who are 18 or older. However, you may use our Sites if you are 13 or over, but only with the permission and under the supervision of a parent or legal guardian. No one under age 13 should access our Sites. We do not knowingly collect or maintain Personal Information from individuals who are under 13 years of age, and no part of our Sites or Services are designed to attract people under the age of 13. Protecting the privacy of children is very important to us which is why if you are under 13, you will be unable to register for an Account.

Entire Agreement. These Terms of Use, including the Privacy Policy, constitutes the entire agreement between you and Company. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intent of Company. Any provision which must survive in order to allow Company to enforce its meaning shall survive the termination of this Agreement.

Assignment and Succession. Notwithstanding any other provision of these Terms, Company, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Termination. You may cancel your registration/membership at any time through your "My Account" page or by writing to us at info@daflores.com.Within a reasonable period of time from your cancellation, all of the information you submitted to our Sites will be unavailable for viewing and will be deleted from our active databases, but may remain in our archives, particularly if required to be stored for legal purposes. Upon cancellation or termination, the Terms will remain in effect and legally binding, without limitation. We may terminate your use of and registration on the Sites, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

Notice. Unless otherwise indicated, please direct notices to FloresaColombia, Inc., 5710 NW 113 Place Miami, FL 33178, 1.305.591.2343. Legal notices to users shall be directed to the account email address on file.

No Commercial Use. You understand and agree that other than placing orders, you are not to use the Sites or Services for commercial purposes of any sort, without previous written approval by us. If you are the owner of a good or service and would like to highlight your good or service, or if you have questions about advertising on our Sites, please email us at info@daFlores.com.

Compliance With ADA. It is our goal to comply with the ADA, making access to our Services available to as many people as possible. If you have any suggestions to make access to our Sites easier, please contact us, as we continue to improve our services and products.

These Terms and Conditions of Use, including the Privacy Policy referenced herein, can change at any time without notice. However, in the event of a substantial change, we will notify you by email. It is your responsibility to review these Terms and the Privacy Policy, both of which are available at www.daFlores.com.

Copyright 2010 daFlores.com. All Rights Reserved.


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