Welcome to https://mariettafloral.com
This Agreement is between you and Marietta Florist & Gifts Company (“MariettaFloral, we, our” or “us”), and it governs your access to and use of the Service. For purposes of this Agreement, “you” and “your” means you as the user of the Service. If you use the Service on behalf of a company, organization, or other entity, then “you” includes you and that entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity’s behalf.
If you do not agree to any part of this Agreement, you are not permitted to use or access the Service, purchase goods through the Service, or enter into any transactions on the Service with MariettaFloral.
CHANGES AND UPDATE
You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. By continuing to use the Service after any such publication. If we make changes to the Agreement that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the first page of the Site. However, it is your sole responsibility to review this Agreement from time to time to view any such changes. If at any point you do not agree to any portion of current version of this Agreement, you must immediately stop using the Service, cease any ordering. MariettaFloral may update to the Service at any time. You further understand that MariettaFloral may discontinue or restrict your use of the Service for any reason or no reason with or without notice. If you do not agree to any part of the Agreement, you should discontinue your use of the Service.
OUR WEBSITE PROPERTY OWNERSHIP
As between you and Marietta Florist & Gifts, MariettaFloral owns, has licensed, or otherwise has rights, title and interest in and to the images and other materials on the Service. You agree that you have no right, title or interest in or to the Service and any such content, including, without limitation, any other attributes associated with any Account or stored on the Service, except that you retain ownership of Your Content (as defined below) subject to the license grant set forth herein.
Our Website (including source code), logos, icons, the Service’s “look and feel,” text, graphics, images, video clips, content, notices, data, page layout, and selection and arrangement of the content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein shall be owned solely and exclusively by Marietta Florist & Gifts and/or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. Marietta Florist & Gifts and its licensors reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works therefrom.
Our name, “Marietta Florist & Gifts” and “MariettaFloral,” our logos, and all of our other marks, names, logos, product and service names, designs and slogans are trademarks or service marks of Marietta Florist & Gifts or its affiliates or licensors and protected by United States and foreign trademark laws. Other names, logos, product and service names, designs and slogans that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Marietta Florist & Gifts. Any images of persons or personalities contained on the Service are not an indication or endorsement of MariettaFloral or any particular product or our service unless otherwise indicated.
RULES USE OF THE SERVICE
You represent that you are an adult and have the legal age to enter a contract in the jurisdiction where you reside, and are at least eighteen (18) years of age. Children under the age of 18 are not allowed to use the Service. You further represent that you are not an individual specifically prohibited by Marietta Florist & Gifts from using any part of the Service.
ACCOUNT CREATION (OPTIONAL)
To access certain portions of the Service, you may be required to create an account through the Service (an “Account”). You agree that you shall not create an Account or use the Service if you (1) are under the age of 18, (2) have previously been removed by MariettaFLoral or banned from using MariettaFLoral’ services (including this Service), (3) already have an Account with us, (4) are located in a country of the United States. You agree to only provide accurate and truthful information when setting up an Account and not to access Accounts or information about Accounts other than your own.
Your Account is for your use only. You agree not to lease, assign, sell, transfer, rent, share or provide access, directly or indirectly to, your Account or password with anyone else. You are responsible for all actions taken via your Account.
YOUR ACCOUNT INFORMATION
You can access, edit and update your Account information at any time through the My Account section of the Service (currently located on the Site at https://mariettafloral.com/login). You agree that you will supply truthful, accurate and complete information to MariettaFLoral, and that you will update such information promptly in the event that it changes. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, MariettaFloral reserves the right to terminate the Agreement, your Account, and/or your use of the Service.
You may not transfer, share or make available your Account information to others. Any distribution by you of Account information may result in suspension, termination or cancellation of your access to the Service.
SECURE YOUR ACCOUNT
You are entirely responsible for maintaining the confidentiality of your Account, username, and password, and for all activities which occur through the use of your Account, including purchases, whether or not authorized by you. You agree to immediately notify Marietta Florist & Gifts of any unauthorized access to or use of your Account, username or password, or any other breach of security, and ensure that you secure your Account and computer from third-party access, including by exiting from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Marietta Florist & Gifts will not be liable for any loss or damage. You may be issued a new password or be required to change your password from time to time.
NO OWNERSHIP RIGHTS IN ACCOUNT
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON MARIETTAFLORAL’ SERVERS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND ADOPT TO THE BENEFIT OF MARIETTA FLORIST & GIFTS.
OTHERS WEBSITES AND RESOURCES
CUSTOM MESSAGE AND YOUR CONTENT
You agree that MariettaFLoral is not responsible in any manner for the content of your message or the receipt or use of that message by the recipient or others. You agree not to include any defamatory, obscene, illegal or offensive content in your custom messages or content that would violate the privacy or intellectual property rights of others when delivers to the recepients. MariettaFloral will not be liable for any claims relating to or arising from such message or reviews. You acknowledge and agree that any custom message you provide to MariettaFloral may be shared with the recipient of the related product.
Portions of the Service may allow you to post, upload, publish, submit or transmit content to be made available through the Service, including custom messages, comments or reviews, photos shared with #mariettafloral or any other MariettaFloral-owned tags, and MariettaFloral-owned social handles (e.g., @mariettafloral) (collectively, “Your Content”). By so posting or submitting Your Content, including on any publicly accessible blog, comments or reviews community forum we may make available, you represent and warrant (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through the Service, including in the reviews site, by you or any third party. MariettaFloral from time to time may seek your permission to use certain of Your Content on the Site, on MariettaFLoral’ social media sites and/or in MariettaFloral’ marketing materials. MariettaFlorist & Gifts may use third party content aggregators for such purpose, and in giving MariettaFlorist & Gifts permission to you Your Content, you are also giving the third party aggregator permission to use Your Content for the stated purpose. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICE.
As a condition of your use of the Service, you hereby grant to Marietta Florist & Gifts (MariettaFLoral) a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from Your Content, including to post Your Content and reviews on and the Site and MariettaFLoral social media pages and in Marietta Florist & Gifts’ marketing materials, as provided above.
You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card, Apple Pay, Google Pay, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to discontinue or limit the available quantity of any product or aspect of the Service, honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions, and refuse to allow any user to purchase a product or deliver any product to a user.
When you purchase products through the Service, you agree to pay the price for such products set forth in the Service, all deliveries and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and authorize Marietta Florist & Gifts to charge your credit card or other payment method for the Full Purchase Amount. Our Service may allow you purchase products and designate them to be delivered at a future date. All currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Payment can be made by credit card, debit card, or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by any payment processor (including Authorize.net, Braintree, Stripe or Square) are solely your responsibility.
RETURN AND REFUND POLICY
Except as provided below, there are no refunds or returns for the goods purchased on the Service. All sales are final. You may receive a replacement flowers only if the wrong item was delivered, the flowers arrives in substandard condition, or the flowers was never delivered and you can E-Mail to us at email@example.com
within two (2) calendar days of the delivery date. In the event the flowers arrived in substandard condition, you must also attach a photograph of the flowers and send it to us. Credits issued for replacement of the flowers cannot be transferred or redeemed for cash.
CHANGES TO PRODUCTS AND PRICING
MariettaFLoral, at any time, will revise or change the pricing, availability, specifications, content, descriptions or features of any products sold or services offered through the Service. The inclusion of any products or services through the Service at a particular time does not imply or warrant that these products will be available at any other time. We reserve the right to change prices for products displayed on the Service, or the Service, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Service.
Once we receive your order, we’ll provide you with an e-mail order confirmation or text message. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason. If we cancel an order after you have already been billed, then we will refund the billed amount.
DELIVERY OF THE PRODUCTS
All orders are deliver directly by us. The earliest delivery date available for an order is as indicated for the item on the Service. Online tracking may be available at our website, we make no warranties regarding its availability because it all full for that specific day. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific time. No recipient signature is typically required for deliveries of our products. The driver may leave the package at the address whether the recipient or another person is available or not. We strongly encourage recipients to be at the delivery location to receive the flowers as flowers that remain outside are more likely to wilt and die.
Product purchases (whether by Account holders or non-account holders) will be subject to a delivery fee that is clearly stated prior to completing purchase.
NO DELIVERY TO MINORS.
As our policy of not collecting personal information from children under the age of 13, users are not allowed to give MariettaFloral the personal information of any children under the age of 13 for delivery or shipping purposes or any other reason.
We have no obligation to honor incorrect pricing on the Service or that you receive from our suppliers or any other third party. In the event a product 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 or any other third party, we shall have the right to refuse or cancel any orders placed for the product 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 account charged. If your credit card account 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.
The Service is operated by Marietta Florist & Gifts in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
DISCLAIMER OF WARRANTIES
THE SERVICE, THE PRODUCTS OFFERED FOR SALE ON IT, AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SERVICE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
MARIETTA FLORIST & GIFTS DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
MARIETTA FLORIST & GIFTS, ITS AFFILIATES, LICENSORS DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF MARIETTA FLORIST & GIFTS AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING APPLE PAY, GOOGLE PAY OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE OR APPLICATIONS WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR PERMANENTLY, OR WHICH DELAY OR PREVENT THE DELIVERY OF OUR GOODS TO YOU.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF MARIETTA FLORIST & GIFTS OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES OR SUPPLIERS DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF MARIETTA FLORIST & GIFTS AND ITS RELATED PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND MARIETTA FLORIST & GIFTS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND LICENSORS AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, PROCEEDINGS, AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY MARIETTA FLORIST & GIFTS ARISING OUT OF OR RELATING TO ANY (1) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY POLICY OR GUIDELINES REFERENCED HEREIN BY YOU, INCLUDING ANY UNAUTHORIZED DISCLOSURE OF PERSONAL OR CONFIDENTIAL INFORMATION, (2) ACT OF FRAUD OR DISHONESTY BY YOU IN CONNECTION WITH THE SERVICE, OR (3) UNAUTHORIZED USE OR MISUSE OF THE SERVICE.
ACKNOWLEDGEMENT AND AGREEMENT
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.