Terms of Use

Welcome to 1800Poinsettias.com.  1800Poinsettias.com Inc., (the "Company") welcomes you our customer. The goal of this web site is to provide access to our wide selection of poinsettias to as wide an audience as possible.  Our goal is to make available florist quality poinsettias to everyone. 
     To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you. By accessing any areas of 1800Poinsettias.com, you agree to be legally bound and to abide by the terms set forth below.

Trademarks
1800Poinsettias® and the following are registered trademarks of the Company:
1800Poinsettias.comSM and the following are service marks or trademarks of the Company:
All other trademarks, product names, and company names and logos appearing on 1800Poinsettias.com are the property of their respective owners.

Disclaimers and Limitation of Liability
You expressly agree that use of 1800Poinsettias.com is at your sole risk. Neither the Company, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensors ("Licensors"), or the like (collectively, "Associates"), warrant that 1800Poinsettias.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of 1800Poinsettias.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through 1-800-Poinsettias.com; except that the Company does guarantee that your poinsettia will stay fresh for seven days after delivery, and if it does not, the Company's sole maximum liability will be not more than to refund the purchase price or to replace and deliver an equivalent floral arrangement as soon as reasonably practicable.

     1800Poinsettias.com is provided on an "as is," "as available" basis and the Company specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by the Company nor its affiliates, nor any of its officers, directors, employees, agents, Providers, Merchants, Sponsors, Licensors, or the like, shall create a warranty.
     Under no circumstances shall the Company or any other party involved in creating, producing, or distributing 1800Poinsettias.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use 1800Poinsettias.com, including but not limited to reliance by you on any information obtained from 1800Poinsettias.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Company's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all Content, merchandise, and services available through 1800Poinsettias.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

CONTENT - Proprietary Rights
You acknowledge that 1800Poinsettias.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (See, 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

 The Company's Rights

Online Conduct
Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying 1800Poinsettias.com will not be permitted. You agree to use 1800Poinsettias.com only for lawful purposes. You are prohibited from posting on or transmitting through 1-800-Poinsettias.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

Privacy Policy
At the Company, we recognize and respect the importance of maintaining the privacy of our customers and members and have established a Privacy Policy as a result. In our Privacy Policy we describe why we gather customer and member information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. We encourage you to carefully read our Privacy Policy. 

Indemnity
You agree to indemnify, defend and hold harmless the Company and its Associates from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), alleging or resulting from your use of 1800Poinsettias.com in violation or breach of the Terms of Use.

Termination of Usage
The Company may terminate your access, or suspend your access to all or part of 1800Poinsettias.com, without notice, for any conduct that 1800Poinsettias.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or the Company.

Applicable Laws
1800Poinsettias.com is controlled by the Company from its offices within the United States of America. The Company makes no representation that Content in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to this website, the services provided through this website or the Content shall be governed by the internal substantive laws of the State of California.

Acknowledgment and Changes
This Agreement represents the entire understanding between you and the Company regarding your relationship with the Company and 1800Poinsettias.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by accessing any areas of the 1-800-Poinsettias.com web site.
     We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this page and they will become effective upon posting.  Thank you and Happy Holidays.  Now go buy a poinsettia!