THE BOUQS Company TERMS OF USE

Last Modified on June 28, 2016

Published on July 19, 2016

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

SECTION 13 OF THIS TERMS OF USE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.

Welcome to www.TheBouqs.com/www.Bouqs.com (the “Site”), a website dedicated to simplifying bouquet purchases. By browsing or using the Site or The Bouqs Company mobile applications (together with the Site, the “Service”), purchasing any floral goods through the Service, or entering into any other transactions with The Bouqs Company, you agree to the terms of use set forth herein (the “Agreement”). This Agreement is between you and The Bouqs Company (“The Bouqs”, “we”, “our” or “us”), and it governs your access to and use of the Service. If you do not agree to any part of this Agreement, you are not authorized to use the Service, order bouquets, or enter into any transactions with The Bouqs.

1. AMENDMENTS AND CHANGES

The Bouqs Company may amend this Agreement at any time by posting the amended Agreement on the Site and by notifying you of such amended Agreement through the email address you have provided us as a contact email (“Contact Email”), and you agree that you will be bound by any changes to this Agreement. For your convenience, the date of last revision is included at the top of this page. We may also seek your consent to be bound by an amended Agreement when you use the Service and you also agree that we may also seek your consent to be bound by the updated Agreement through the Contact Email and that if we do not receive any response to such request, we may terminate your rights to use the Service seven days after sending such request. If at any point you do not agree to any portion of the then-current version of this Agreement, you must immediately stop using the Service, cease any ordering, and not renew your subscription service. The Bouqs Company may make changes to the Service at any time. You further understand that The Bouqs Company 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.

2. PRIVACY STATEMENT

By using the Service, you represent that you have read and consent to our Privacy Statement which is incorporated into this Agreement by this reference. The Bouqs may revise the Privacy Statement at any time, and the new versions will be available at the above link. If at any point you do not agree to any portion of the Privacy Statement, you must immediately stop using the Service and not renew your subscription service. Without limiting the foregoing, you authorize us to share your information with third parties PayPal, Authorize.net, FedEx and United Parcel Service. We strongly advise you to read each of their privacy policies.

3. COPYRIGHTS AND TRADEMARKS

The images and other materials on the Service and the software for the Service belong to or are licensed to The Bouqs Company. The materials are protected by United States and foreign copyright laws. “The Bouqs” and “Bouqs,” other marks and logos are trademarks protected by United States and foreign trademark laws. You agree not to use any of The Bouqs Company’s trademarks without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of the Service or its design, without our prior written consent, especially to start your own floral business. You further agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Service, without receiving our prior written permission. If you use the images, materials or trademarks on the Service in a way that is not allowed by this Agreement, you are violating the Agreement and may also be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Service. Title to the materials remains with us or with the authors of the materials contained on the Service. All rights not expressly granted are reserved.

4. LIMITED LICENSE AND GENERAL RULES

Subject to your compliance with the terms and conditions of this Agreement, The Bouqs Company grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Service. Neither the Service, nor any portion of the The Bouqs Company’s services, may be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of The Bouqs Company. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of The Bouqs Company or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate. You agree to comply with all applicable laws at all times when using the Service and using related services and that you will not attempt to harm or overload the computer systems used to operate the Service or the computer systems of other users of the Service such as by example only, causing any viruses or harmful code to be introduced to such computer systems. You will not spam, advertise to our attempt to contact other users of the Service through your use of our Service or related services.

5. ELIGIBILITY AND ACCOUNTS

5.1. ELIGIBILITY.

You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, and are at least 18 years of age. Children under the age of 18 are not allowed to use the Service.

5.2. ACCOUNT.

To access certain portions of the The Bouqs Company services, 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) if you have previously been removed by The Bouqs Company or banned from using The Bouqs Company’s services, (3) already have an Account with us, (4) are located in a country embargoed by the United States or (5) are on the U.S. Treasury Department’s list of Specially Designated Nationals. 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.

5.3. ACCOUNT SECURITY.

You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify The Bouqs Company immediately if you believe that your Account username and/or password have been compromised.

5.4. ACCOUNT SUSPENSION.

The Bouqs Company reserves the right to permanently suspend or terminate your Account and your access to the Service or seek appropriate injunctive or monetary relief if we reasonably suspect that you have violated any part of the Agreement or engaged in illegal behavior as part of using the Service or we reasonably believe that your continued access to your Account will cause harm to us or any others

6. LINKS TO OTHER WEBSITES

The Service may contain links to websites operated by other parties. We provide these links to other websites as a convenience, and use of those sites is at your own risk. The linked sites are not under the control of The Bouqs Company, and we are not responsible for the content available on the other sites. Such links do not imply our endorsement of information or material on any other site and The Bouqs Company disclaims all liability with regard to your access to and use of such linked websites.

7. GIFT MESSAGE AND CONTENT GENERALLY

In the event you order a gift message (whether text, images, video or otherwise) to be delivered with your purchase, you agree that The Bouqs Company 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, infringing illegal or offensive content in your gift messages or content that would violate the privacy or intellectual property rights of others when published, distributed or displayed by The Bouqs Company as part of The Bouqs Company offering its services through the Service. The Bouqs Company will not be liable for any claims relating to or arising from such gift message or, in the case of video gift messages, use or attempted use of the third party video service, including without limitation any claims relating to invasion of privacy or security breach. We reserve the right to discontinue or not display or distribute any gift message if we reasonably believe that such display or distribution would violate applicable law. It is the policy of The Bouqs Company to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please go to our “Copyright Page” to review our DMCA procedures.

8. FEES AND PAYMENTS

8.1. PAYMENTS.

You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card, PayPal, 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, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (1) discontinue or limit the available quantity of any product or aspect of the Service, (2) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (3) refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the Service, you (a) agree to pay the price for such products set forth in the Service, all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize The Bouqs Company to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, 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 through PayPal 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 PayPal or any other payment processor (including Authorize.net) are solely your responsibility.

If you purchase a subscription for repeated deliveries, then you hereby authorize The Bouqs Company to bill your credit card for the amounts and at the intervals described on our Service (or at approximately those intervals, to accommodate for holidays and other irregularities), until you terminate your subscription, until the end of the subscription period, or indefinitely if you decide to purchase an open-ended subscription. In cases where your credit card expires, is cancelled, is over the limit, or is otherwise declined for any reason, we will not continue to deliver bouquets or renew your subscription, though we may, but are not obligated to, contact you to notify you of the issue.

8.2. DISCOUNTS.

The Bouqs provides a discount for referrals, as well as a discount for subscription plans and/or pre-paid purchase plans. These promotions may be altered by information published on our Service, and if any information is conflicting, the terms most beneficial to The Bouqs Company shall prevail and take effect. We may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason at our sole discretion. Discounts, Promotions, and Store Credits of any kind may not be combined unless at our sole discretion. Subject to the specific terms of any offer, discounts offered for subscriptions and/or pre-paid purchases will be forfeited if the subscription or pre-paid orders are cancelled before completed, and in such case we reserve the right to reverse any discounts provided and retroactively charge you the full retail price for any orders fulfilled as part of such subscription or pre-paid purchases. In these cases, we may offset the amount of the voided discounts from any refunds that you may be entitled to.

Discounts or other financial benefits given in reward for referring other users to us may be considered a taxable benefit by any revenue agency having jurisdiction over you, which you are solely responsible for, and you should consult an accountant and/or tax attorney in your jurisdiction to determine your tax liabilities incurred as a result of participating in our referral program.  Should a user abuse the referral program through fraudulent activities such as referring oneself, creating multiple accounts or other such tactics which constitute theft and/or fraud, we may notify the authorities and you may be prosecuted under statutes including 18 U.S.C. § 506 No Electronic Theft Act, 18 U.S.C. § 1029 Fraud and Related Activity in Connection with Access Devices, 18 U.S.C. § 1030 Fraud and Related Activity in Connection with Computers, or other similar laws or statutes.  We reserve the right to charge any payment method on file the full retail price of all deliveries under any account deemed to be fraudulent, and these charges may include any amounts previously discounted in a previous promotion.

8.3. RETURN AND REFUND POLICY.

Except as provided for replacement bouquets below, there are no refunds or returns for the goods purchased on the Service. All sales are final. You may receive a replacement bouquet only if: (1) you complete a request form at www.thebouqs.com/en/contact-us within three calendar days of the delivery date, and (2) the wrong item was delivered, or if the bouquet arrives in substandard condition, or if the bouquet is delivered after the delivery date or never delivered at all, and (3) if the bouquet arrived in substandard condition, then a photograph of the bouquet must be attached to the customer service request at www.thebouqs.com/en/contact-us. Replacement bouquets cannot be transferred for value or redeemed for cash.

8.4. CHANGES TO PRODUCTS AND PRICING.

The Bouqs Company may, at any time, 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.

8.5. ORDER ACCEPTANCE/CONFIRMATION.

Once we receive your order, we’ll provide you with an email order confirmation. 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.

8.6. SHIPMENT OF PRODUCTS.

Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of goods purchased by you through the Service will be delivered within the time period specified for the delivery method you have selected. All orders are shipped using one of our third party couriers. The earliest delivery date available for an order is as indicated for the item on the Service. Shipping is not available for delivery on Sundays or Mondays, unless otherwise indicated. Online tracking may be available at our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. 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 courier 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.

Unless otherwise indicated on the Service, shipment is free or included in the flat prices for bouqs for customers who have registered an Account with us for deliveries Monday through Friday. For customers without an Account a shipping fee is charged per product.

8.7. NO DELIVERY TO CHILDREN.

In furtherance of our policy of not collecting personal information from children under the age of 13, users are not allowed to give The Bouqs Company the personal information of any children under the age of 13 for delivery or shipping purposes or any other reason.

8.8. TYPOGRAPHICAL ERRORS.

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, 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 or PayPal account charged. If your credit card or PayPal 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.

9. LOCATION

The Service is operated by The Bouqs Company 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.

10. 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, NON-INFRINGEMENT, 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.

TO THE EXTENT PERMITTED BY LAW, THE BOUQS COMPANY 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.

11. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BOUQS COMPANY, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) 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 THE BOUQS COMPANY 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 PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, 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 OR A THIRD PARTY (SUCH AS OUR SHIPPER), INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE OR APPLICATIONS WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR PERMANENTLY, OR WHICH DELAY OR PREVENT THE DELIVERY OF OUR GOODS TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BOUQS COMPANY AND RELATED PARTIES DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT FOR ANY FOREIGN OBJECTS OR MATERIALS WHICH MAY BE INCLUDED WITH OR IN ANY GOODS PURCHASED ON OUR SERVICE, WHICH GOODS MAY BE PACKAGED AND SHIPPED BY THIRD PARTIES.

WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE BOUQS COMPANY OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES 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 The Bouqs Company and its Related Parties shall be limited to the fullest extent permitted by law.

12. INDEMNIFICATION

You agree to indemnify, hold harmless and defend The Bouqs Company and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, 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 The Bouqs Company arising out of or relating to (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, including any unauthorized disclosure of personal or confidential information or (b) use or misuse of the Service.

13. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY.  IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION.  THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE IN DISCOVERY; AND (4) APPEAL RIGHTS WILL BE LIMITED.

(a) If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your Account, and us, our affiliates, and/or agents, if it relates to your Account, your use of the Service, or to this Agreement, except as noted hereafter.

(b) Either party may assert an individual case in small claims court or your state’s equivalent court. Any disputes relating to the enforcement, protection, or validity of the intellectual property rights of either party shall not be subject to arbitration. Nothing in this Section shall limit either party from seeking injunctive or other exigent relief from a court of law.

(c) Notwithstanding any other language in this Section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this Section of the Agreement.  However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. Further, you and we may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

(d) YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION.  ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY OTHER ACCOUNTHOLDER OR USER OF THE SERVICE NOT ON YOUR ACCOUNT.

(e) The party who wants to arbitrate must notify the other party in writing.  This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be mailed to 4766 Admiralty Way #12007, Marina del Rey, CA 90295, Attention: Legal.

(f) The arbitration administrator shall be JAMS and the arbitration shall be conducted under the Streamlined Arbitration Rules and Procedures of JAMS (“JAMS Rules”) that are in effect at the time the arbitration is initiated.  The JAMS Rules can be accessed at http://www.jamsadr.com/rules-streamlined-arbitration/. In the event of a conflict between the terms set forth in this Section of the Agreement and the JAMS Rules, the terms in this Section of the Agreement will control.

(g) The arbitrator must apply the same law and legal principles, consistent with the Federal Arbitration Act (“FAA”), that would apply in court, but may use different procedural rules.

(h) We will pay all the fees that the administrator or arbitrator charges.

(i) This Arbitration Section of the Agreement is governed by the FAA.  California law shall apply to the extent state law is relevant under the FAA.  The arbitrator’s decision will be final and binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged under the provisions of the FAA.

(j) Except for claims subject to arbitration as provided for in this section (and claims proceeding in any small claims court), all other disputes arising out of or related to your Account, your use of the Service, or to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, and you agree to submit to the personal jurisdiction and venue of such courts. IN SUCH INSTANCES, YOU AND WE EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.

(k) Severability. You and we agree that if any portion this Section is found illegal or unenforceable (except any portion of subsection (b)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If subsection (b) is found to be illegal or unenforceable, then neither you nor we will elect to arbitrate any claim falling within that portion of subsection (b) found to be illegal or unenforceable and such claim shall be exclusively decided by a court of competent jurisdiction consistent subsection (j) of this Section.

(l) You may reject this Arbitration Section of the Agreement.  To do so, you must send us a notice within 60 days after you open your Account or we first provided you with your right to reject this Section.  The notice must include your name, address, and account number, and must be mailed to 4766 Admiralty Way #12007, Marina del Rey, CA 90295, Attention: Legal, or emailed to legal@thebouqs.com This is the only way you can reject this Section.

14. TERM AND TERMINATION

This Agreement is effective until terminated. The Bouqs may terminate this Agreement with or without notice for any reason, or for no reason. You may terminate this agreement by discontinuing your use of the Service and notifying The Bouqs in writing.

15. GENERAL

Agreement Revisions. This Agreement may only be revised in writing by The Bouqs Company, or published by The Bouqs Company on the Service.

Force Majeure. The Bouqs Company shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Bouqs Company as a result of this Agreement or your use of the Service.

Assignment. The Bouqs Company may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.

Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.

Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Equitable Remedies. You hereby agree that The Bouqs Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws

Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service.

17. NOTICE TO CALIFORNIA USERS AND RESIDENTS.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding The Bouqs Company or the Service, please send an email to service@thebouqs.com. You may also contact us by writing to:

The Bouqs Company
Attn: California Legal Notice
4766 Admiralty Way #12007
Marina Del Rey, CA 90295.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by telephone at (916) 445-1254 or (800) 952-5210, or by postal mail at:

California Department of Consumer Affairs
1625 North Market Blvd.
Sacramento, CA 95834 

18. ACKNOWLEDGEMENT AND AGREEMENT

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE 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 TERMS OF USE AGREEMENT.




THE BOUQS COMPANY PRIVACY STATEMENT

OUR PRIVACY COMMITMENT

Thank you for visiting TheBouqs.com or Bouqs.com (the “Site”), a service dedicated to simplifying bouquet purchases. The Bouqs Company (the “Company,” “The Bouqs” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of the Site or our mobile applications (collectively, the “Service”).  As such, we have established and implemented this Privacy Statement to inform visitors to the Service of how we use and protect the information we collect through the Service.  By visiting, browsing or otherwise using the Service, you consent to The Bouqs Company’s collection, use, storage, deletion, transfer to the United States, and disclosure of personal information relating to you as set forth in this Privacy Statement.  This Privacy Statement is effective as of the date set forth above and covers our collection, use, and disclosure of information we collect through the Service.

This policy answers the following questions:

  • What information do we collect about you and how do we use it?
  • Will we share your personal information with third parties?
  • What choices do you have about the collection and use of your personal information?
  • What security measures do we take to safeguard your personal information?

WHAT INFORMATION DO WE COLLECT ABOUT YOU AND HOW DO WE USE IT?

TYPES OF INFORMATION WE COLLECT

Personal information means information that can be used to identify and contact you.  Our Service may be browsed anonymously.  If you do not browse anonymously, the Service may collect personal information from you including your email address, mailing address, date of birth, gender, browser cookies, credit card information, PayPal information, telephone number, and billing and shipping information.  We also collect the third party bouquet recipients’ names, addresses, telephone numbers and email addresses that you provide to us.

We may collect personal information when you create an account on the Service; subscribe to our newsletter; participate in Service feedback, questionnaires, surveys, or contests; participate in forums and chat rooms; purchase a product through the Service; or receive customer or technical support.

HOW WE USE YOUR PERSONAL INFORMATION

We may use your personally identifiable information for all legal purposes, including to enhance or improve your experience, our Service, or our delivery services and to perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Service or delivery services.

The Bouqs Company may use your email address or other personally identifiable information to send you commercial or marketing messages including, without limitation, newsletters and email communications about our products or services, or those of our partners. We will also use your email address to contact you regarding any customer or technical support issues.

If you purchase goods or services through the Service, The Bouqs Company may need for you to provide certain financial information so that we may effect a payment transaction. As part of the payment system, The Bouqs Company or third parties performing sales processing services on our behalf, will collect, store and use non-public personally identifiable information, such as your name, address, credit card number, phone number, and your e-mail address. In addition, the payment system will also collect information regarding the actual bill payment transaction, including the date and amount paid. The Bouqs Company will store and protect this information in the same manner that we store and protect other personal information.

DE-PERSONALIZING YOUR INFORMATION

We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of non-personally identifiable information and analytical and statistical analysis tools relating to the use of the customer data we collect on the Service (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties.

COOKIES AND OTHER TECHNICAL INFORMATION

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient and to enhance your experience with the Service. For example, when you return to the Site after logging in, cookies provide information so that the Site will remember who you are on subsequent visits, speeding up or enhancing your experience of the Service by, for instance, remembering your preferences. Cookies also prevent items placed in a shopping basket from disappearing by the time you checkout. Cookies are not spyware or adware, and can’t deliver viruses or run programs on your computer. A user may configure his or her web browsers to accept or reject or delete the cookies, or notify the user when a cookie is being set.

We may collect other technical information from users of the Service, including their IP address, browser type, domain names, mobile device information, and access times.

TRACKING PIXEL

A tracking pixel is a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a web page and allows for the collection of information regarding the use of the web page that contains the tracking pixel. The Bouqs Company uses third party ad servers to support tracking pixels and cookies.

“DO NOT TRACK”

In compliance with California legislation, AB370, effective January 1, 2014, The Bouqs Company’s practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Service are described below. We honor the request of “do not track” signals sent by your browser when you visit the Site. Additionally, we do not collect user information about your online activities over time and across different websites, or authorize third parties to do so.

GOOGLE

Our Service uses Google AdWords and Google Analytics to help us learn about who visits our site and what pages are being viewed.

SOCIAL MEDIA FEATURES

Our Service interfaces with social media sites such as Facebook, Twitter, Pinterest, Instagram, and Google+. If you choose to share information from the Service through those services, you should review the privacy policy of that service. Those social media sites may collect your IP address or set cookies. If you are a member of a social media site, the interfaces may allow the social media site to connect and view your personally identifiable information.

CHILDREN’S PRIVACY

We do not knowingly collect any personal information from children under the age of 13, allow them to create accounts, enter into payment transactions, order flowers, sign up for newsletters, or browse the Service. Users are not allowed to give to The Bouqs Company the personal information of any children under the age of 13 for delivery purposes or any other reason. The Bouqs Company takes children’s privacy seriously and encourages parents to play an active role in their children’s online experience at all times. We urge parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission, when on-line. If you have any concerns about your child’s personal information, please contact us at service@thebouqs.com.

HOW WE WILL SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES

We will share the personal information we collect from you under the following circumstances:

  • Protection of rights. The Bouqs Company will share personal information if we have a good faith belief that (1) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (2) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (3) such action is appropriate to protect the rights, property or safety of The Bouqs Company, its employees, clients, or users of the Service.
  • Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of The Bouqs Company’s assets or a line of business, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through a prominent notice on the Service. By sharing your personal information with The Bouqs Company, you are giving us consent to transfer your personal information to a third party in an asset transfer described here.
  • Service Providers. We may share your personal information with third party vendors or service providers that we engage for the purpose of fulfilling product orders or processing information on our and your behalf. For example, we may partner with other companies to process payments for the Service. Additionally, we may partner with or utilize other companies to host our email system or to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures. Without limiting the generality of the foregoing, you authorize us to share (1) your name, email address, mailing address and recipient information with services providers such as PayPal, Federal Express and United Parcel Service in connection with processing of orders and (2) your name and email address with other services providers that we utilize to provide customer support, marketing and other services. We strongly advise you to read each of their privacy policies.

ADDITIONAL INFORMATION YOU SHOULD KNOW ABOUT THIRD PARTIES

Please be aware that we cannot control the activities of third parties to whom we provide data, and as such we cannot guarantee that they adhere to the same privacy and security procedures as The Bouqs.

When you click on a third party logo or URL displayed on our Service which links you to a different website, our Privacy Statement no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website. If you cannot find their privacy policy, then you should contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies. We are not responsible for their collection and use of your personal information.

WHAT CHOICES DO YOU HAVE ABOUT THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION?

By using the Service, you consent to our collecting, using, and sharing it in accordance with this Privacy Statement.

CONTROL OF YOUR INFORMATION

The Bouqs Company allows you to control the way we use personally identifying information that we might obtain. At the time you provide personal information, we may give you the option of declining any future offers or information about new products, promotions, or services. In addition, many of the “mailings” we may send you, such as newsletters, have procedures within them to cancel the receipt of any future mailings.

HOW TO CORRECT OR DELETE YOUR DATA

Any individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his or her query to the following email address: service@thebouqs.com, or by postal mail at:

The Bouqs Company
ATTN: Data Request
4766 Admiralty Way #12007
Marina Del Rey, CA 90295.

Please include your full name and email address associated with your account and a detailed description of your data request. In some cases, we may not be able to delete your personal information, and will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

Under California law, our customers that are California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. See the section above entitled “How We Will Share Your Personal Information With Third Parties” for more information. Furthermore, we give customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. If you are a California resident, you may opt out of having your personal information shared with third parties and/or receiving information from The Bouqs Company (via email or postal mail) about new products, services, or promotions, by contacting us at service@thebouqs.com or by postal mail at:

The Bouqs Company
ATTN: California Privacy Request
4766 Admiralty Way #12007
Marina Del Rey, CA 90295

Please include your full name and email address associated with your account and a detailed description of your data request.

GOVERNING LAW

This Privacy Statement is governed by, and construed under, the laws of the United States of America and the laws of the State of California, excluding its choice of law provisions.

MEDIATION

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Statement, you and The Bouqs Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

WHAT SECURITY MEASURES DO WE TAKE TO SAFEGUARD YOUR PERSONAL INFORMATION?

The personal information that you provide to us is stored on servers that are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. In addition, our employees and agents who have access to your personal information are trained in the maintenance and security of that information. However, no server, computer or communications network or system, or data transmission over the Internet or mobile network can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

NOTIFICATION OF CHANGES

This Privacy Statement may change from time to time and we will post all changes on the Site. You understand and agree that you will be deemed to have accepted the updated Privacy Statement if you use the Service after the updated Privacy Statement is posted on the Site. If at any point you do not agree to any portion of the Privacy Statement then in effect, you must immediately stop using the Service.

QUESTIONS? CONTACT US

If you have any questions about our privacy practices or this Privacy Statement, please contact us at service@thebouqs.com.

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