Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
H.BLOOM, Inc. (H.BLOOM) maintains this web site as a service to its customers, potential customers, and other interested parties. Your use of this web site is subject in all respects to these terms and conditions.
Copyright and Trademark Information
Copyright © 2010 H.BLOOM, Inc. All rights reserved.
This web site, and the information which it contains, is the property of H.BLOOM and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, H.BLOOM is a registered trademark of H.BLOOM, Inc., under the applicable laws of the United States and/or other countries. Other H.BLOOM product or service names or logos appearing in the web site are either trademarks or registered trademarks of H.BLOOM and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of H.BLOOM's trademark or other intellectual property rights concerning that name or logo. All other product names are trademarks or registered trademarks of their respective owners.
Use of H.BLOOM Web Site and Its Content
The information contained in this web site is for general guidance on topics selected by H.BLOOM. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this web site. The information on this web site is provided with the understanding that H.BLOOM and various authors and publishers providing such information do not constitute the rendering of professional advice or services. As such, information on this web site should not be relied upon or used as a substitute for consultation with professional advisors.
H.BLOOM may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
By using this web site, you agree to indemnify, hold harmless and defend H.BLOOM and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these terms.
No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that H.BLOOM authorizes you to view, copy, download, and print H.BLOOM documents (such as press releases and FAQs) that are available on this web site, subject to the following conditions:
- The documents may be used solely for noncommercial, informational purposes.
- The documents may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of H.BLOOM or such third party that may own the copyright of material displayed on this web site.
Accuracy of Content and Future Modifications to Web Site
The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. In addition, the information provided by this web site was current as of the date on which the information was first posted or otherwise made available. The information in any press releases provided by this web site was current as of the date of the particular press release. We update the information provided by this web site as we deem appropriate. If you have any questions about the existence of more current information, please send those questions to firstname.lastname@example.org. We take your questions and requests for information seriously, and we will do our best to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
H.BLOOM reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.
Standards of User Conduct
If we provide visitors with an opportunity to post information, comments, or any messages on the web site, you may not use this web site and its related services (the "Site") to:
- Transmit via or through the Site any information, data, text, images, files, links, software, chat, communication or other materials ("Content") that is, or which H.BLOOM considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content;
- Sell or promote any products or services that are unlawful in the location at which the Content is posted or received;
- Sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;
- Introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
- Display material that exploits children under 18 years of age;
- Post any Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
- Promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes;
- Harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
- Impersonate any other person, including but not limited to, an H.BLOOM official, expert or bulletin board leader, guide or host;
- Post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);
- Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; or
- Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
These are some, though not all, of the activities that may result in removal of Content which you post to the Site and/or the termination of your access to the Site.
Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting H.BLOOM and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Contact H.BLOOM for copyright issues relating to this web site as follows:
New York, NY 10004
In an effort to protect the rights of copyright owners, H.BLOOM maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, H.BLOOM DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Product descriptions and specifications are subject to change. H.BLOOM periodically adds or updates the information and documents on this web site without notice.
It is the user's responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.
Promotional offers not combinable with any other offers or discounts. Not valid on previous purchases, delivery, taxes, shipping or other fees unless otherwise designated. Discount is automatically applied at checkout. H.Bloom is not responsible for typographical errors. Promotional Discounts will automatically be deducted from the original price of your cart. Offer is valid on all florist delivered arrangements. Promotions may not be available on a select group of products. See item-level product description for details. Same Day Delivery is available for most florist delivered arrangements sitewide when you place an order before 12pm in the delivery zip code. See item-level product description for details.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL H.BLOOM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF H.BLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL H.BLOOM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $100 US.
Links to Third-Party Web Sites
This web site may contain links to non-H.BLOOM web sites. These links are provided to you as a convenience, and H.BLOOM is not responsible for the content of any linked web site or the actions of those that provide or use such linked web site. Any non-H.BLOOM web site accessed from the H.BLOOM web site is independent from H.BLOOM, and H.BLOOM has no control over the content of that web site. In addition, a link to any non-H.BLOOM web site does not imply that H.BLOOM endorses or accepts any responsibility for the content or use of such a web site.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by H.BLOOM of that third party or of any product or service provided by a third party.
H.BLOOM makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Submissions to H.BLOOM and Affiliated Servers
No export of information
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. Nothing from this web site may be exported, in any way, in violation of United States law.
Enforcement of Terms and Conditions
These Terms and conditions are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration before a single arbitrator conducted in the English language in New York, New York, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, H.BLOOM shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Southern District of New York or any other court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. H.BLOOM may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except by a new posting of web site terms and conditions by H.BLOOM, as described above.