TERMS OF USE:

 

Welcome to unitedwholesaleflower.com! 

 

Please take a few minutes to review these “Terms of Service” since they apply to your access and use of unitedwholesaleflowers.com website and other websites, mobile sites, services, applications, and other tools where these terms either appear or referenced, or for which no separate terms are provided as well as to your visits to or interaction with us in any of our stores or elsewhere. 

 

 

Who We Are:

As used in the Terms and on the Site, “unitedwholesaleflowers.com, United Wholesale Flowers, Site, We, Us” refers to United Wholesale Flowers, INC, which located at 2350 Harris Way, San Jose, CA 95131, USA.. If you have any questions about these Terms, the Privacy Policy or the Site, you may contact us via the Customer Service information provided on the Site.

 

These Terms and Conditions May Change:

We may update our Terms of Service from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new ones. These changes are effective immediately, after they are posted on this page.

 

Additional Terms:

From time to time, we may present you with additional terms and conditions for specific services, programs or products (“Additional Terms”). In the event those Additional Terms may conflict with or be inconsistent with these Terms, including any arbitration provision or dispute resolution provision, these Terms will control.

 

Eligibility:

You must be at least 13 years old to use the Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Site and our mobile applications with permission from your parent or legal guardian.

 

Your Account:

You may be required to register with Us in order to access certain services or areas of the Site. Our Privacy Policy explains how we protect and use your information. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.

 

Use of the Site:

We grant you a personal, limited, non-exclusive, non transferable license to access and make personal use of the Site and the Materials and other information contained on the Site. This license does not include, and we expressly prohibit, any resale or commercial use of the Site; any collection or commercial use of any photographs or other Materials published on the Site; any non-personal use of Our product names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or the Materials for the benefit of any third party; or any use of data mining, robots, data gathering and extraction tools whether automatic or manual, or other means not purposely made available by us, including to develop or improve any software program, algorithm, or machine learning or artificial intelligence model. We reserve the right to take measures to prevent any such activity. You may use the Site only as permitted by law and these Terms. All rights not expressly granted to you in these Terms are reserved and retained by Us and/or our suppliers and licensors. The licenses granted by Us to you automatically terminate if you do not comply with these Terms.

 

You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, We prohibit certain kinds of conduct that may be harmful to other users or to Us. When you use the Site, you may not:

  • Violate any law or regulation.
  • Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights.
  • Post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
  • Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or mobile applications.
  • Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems
  • Use any means to scrape or crawl any pages contained in the Site.
  • Circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site.
  • Decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site.
  • Advocate, encourage, or assist any third party in doing any of the foregoing.

 

User Content:

The Site may allow you to upload, submit, store, send, or receive content and data such as comments, reviews and photos (“User Content”). You may also submit User Content in the other ways that you interact with Us such as through social media, by email, by phone, and otherwise. You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, post, submit, send, or receive any User Content to or through the Site, you give Us permission to reproduce and use your User Content as follows: you grant to Us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving the Site, to develop new products and services, and for other United Wholesale Flowers, INC. marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote United Wholesale Flowers, INC. or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site.

 

You promise that:

  • You own all rights to your User Content or, alternatively, that you have the right to give us the rights described above
  • Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party
  • We may refuse to accept or transmit User Content for any reason with or without notice. We may remove User Content from the Site for any reason with or without notice

 

Text Message Program Terms:

United Wholesale Flowers, INC. offers its customers mobile alerts about order and shipping updates and other marketing messages about events, new products, and other offers by SMS message (the “Service”). By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

 

Signing Up and Opting-In to the Service:

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms of service. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Before the Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Service and your agreement to these Terms. United Wholesale Flowers, INC. reserves the right to stop offering the Service at any time with or without notice.

 

By opting into the Service, you:

  • Authorize United Wholesale Flowers, INC. to use auto dialer or non-auto dialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  • Acknowledge that you do not have to agree to receive messages as a condition of purchase.
  • Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  • Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call (408)-277-0502. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

 

Messages You May Receive:

Once you affirm your choice to opt into the Service, your message frequency may vary. You may receive an alert when:

    • You are welcomed into the Service
    • An order has been placed
    • An order has been delivered
    • An item or items has shipped; an item or items are ready for an in-store pick up
    • There are general marketing or promotions

 

Charges and Carriers:

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

 

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. United Wholesale Flowers, INC. may add or remove any wireless carrier from the Service at any time without notice. United Wholesale Flowers, INC. and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

 

To Stop the Service:

To stop receiving text messages from United Wholesale Flowers, INC., text the word STOP to (numbers) any time or reply STOP to any of the text messages you have received from United Wholesale Flowers, INC. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that United Wholesale Flowers, INC. and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from United Wholesale Flowers, INC. through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.

 

Questions:

You can text HELP for help at any time. This will provide you a link to the terms and conditions along with a phone number to call for assistance. You can also contact us at (408)-277-0502.

 

Mobile Phone Number Change:

In the event that you change or deactivate your mobile phone number, you agree to notify United Wholesale Flowers, INC.

 

Copyright Policy:

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that a work on the Site constitutes copyright infringement, please provide a written communication with the following information to Our Designated Agent named below:

  • Your address, telephone number, and email address.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the alleged infringing material is located on the Site including a hyperlink to such location.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

 

Our Designated Agent for notice of claims of copyright infringement can be reached at:

 

United Wholesale Flowers

2350 Harris Way, San Jose, CA 95131

info@unitedwholesaleflowers.com

 

For clarity, only copyright infringement notices should go to our Designated Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

 

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

  • Your physical or electronic signature
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content
  • Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement

 

After We receive your counter-notification, We will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

 

After We send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If We receive such notification We will be unable to restore the material. If we do not receive such notification, we may reinstate the material.