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more than a bunch

Terms of Use

More Than a Bunch TERMS OF USE

The following rules (“Terms and Conditions”) govern the use of each of the websites located at, or linked to, the URLS, www.morethanabunch.com and the services that may be offered on each of the sites; the ability to order products and receive newsletters and promotional emails; and any related links. Please read the following Terms and Conditions carefully.

By using any one of our Sites, you understand and expressly agree to be legally bound by these Terms and Conditions and our Privacy Policy and to follow these Terms and Conditions and all applicable laws and regulations governing our Site/s. These Terms and Conditions shall supersede any subsequent terms of conditions included with any purchase order, whether or not such terms or conditions are signed by More Than a Bunch. We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site/s. If you violate these Terms and Conditions, we may terminate your use of the Site/s, bar you from future use of the Site/s, and/or take appropriate legal action against you.

Privacy

We respect and make efforts to protect the privacy of all users of our Site. Our current Privacy Policy available at www.morethanabunch.com is incorporated herein by reference and made a part of the Terms and Conditions.

Copyrights and Trademarks of More Than a Bunch

Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of More Than a Bunch ©, ALL RIGHTS RESERVED. All audio and video clips are the sole property of More Than a Bunch or our respective content providers. The content and software on our Site is the property of More Than a Bunch and/or its suppliers and is protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. All rights not expressly granted herein are reserved.

The following is a list of trademarks, trade names and service marks owned by More Than a Bunch:

The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of More Than a Bunch. All other trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly.

Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by us to do so. The content and software on the Site are the property of More Than a Bunch and is protected by U.S. and international copyright laws.

Copyright Policy

We may terminate the privileges of any user who uses the Site unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to the Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

Digital Millennial Copyright Act Policy

If you are notifying More Than a Bunch of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512:

  1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
  2. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
  4. 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, or its agent, or the law; and
  5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Representations by You

By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 year old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Sites or for inclusion on the Sites will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

Accounts

During the registration process you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the service; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of More Than a Bunch, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify us at sales@morethanabunch.com of any potential unauthorized use(s) of your account, or breach of security.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that More Than a Bunch in its sole discretion deems offensive.

Typographical Errors

In the event a product (including, but not limited to, flowers, plants, floral arrangements) is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

Products

More Than a Bunch reserves the right to change all or some of the contents or packaging of all requested floral arrangements or gifts to provide an item of equal or greater value without notice. All products are subject to availability.

Sales Taxes

We need additional information on the states in which you will be doing business in order to determine sales tax obligations, if any.

Violation of the Terms and Conditions

By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and to any services offered on our Site, and may remove any content on our Site you have provided (“User Content”) if we believe that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of More Than a Bunch or another user.

License Granted by You

By providing User Content to us, which includes submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by your. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or our privacy policy (“Privacy Policy”), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Export

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Restrictions

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit and order through any of our Sites. You agree not to use any of our Sites or any content contained in it for any illegal or inappropriate activities.

Shipping and Delivery

More Than a Bunch, in conjunction with our service providers, will attempt to delivery a product on the requested day. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. Incorrect details provided may lead to problems or delays, so before placing your order, please ensure that you have included the full correct address details, including accurate postcode of the intended recipient and your day time contact telephone number or mobile number and your e-mail address.

More Than a Bunch is not responsible for:

  • Items delivered to incorrect addresses supplied by the sender.
  • Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
  • Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
  • Product quality problems caused by improper handling by the recipient.

Disclaimers

OUR SOLE MAXIMUM LIABILITY WILL BE NO MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVERY EQUIVALENT PRODUCT ITEMS, AS APPROPRIATE, AS SOON AS REASONABLY POSSIBLE. THE APPLICABLE GUARANTEE MUST BE BROUGHT WITHIN THIRTY (30) DAYS AFTER DELIVERY OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS.

EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITES, OUR SITES AND OUR SITES’ USE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.

Limitation of Liability

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, MORE THAN A BUNCH, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOUR OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Advertising

The Sites may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

Applicable Law

You agree that any legal action brought against us shall be governed by the laws of the State of Florida, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on any one of our Sites shall be an appropriate federal or state court located in Miami-Dade County, Florida. We make no representations that the content in our Sites is appropriate for access outside the United States. Those who choose to access any one of our Sites from outside the United States do so on their on initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Indemnity

By using any one of our Sites, you agree to indemnity and hold More Than a Bunch, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless for any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or uploading any content to such Site.

Severability

If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Headings

Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.

How to Contact Us

If you have any comments or questions, please do not hesitate to contact us at 786- 228-8783 or at 1-877-258-8007, or write us at: sales@morethanabunch.com

 

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