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TERMS AND CONDITIONS OF USE

The following rules ("Terms and Conditions") govern the use of the My Floral Place website located at, or linked to, the URL www.myfloralplace.com, and the services that may be offered on this website (hereinafter, the "Site"). Please read the following Terms and Conditions carefully.

BY USING OUR SITE, YOU UNDERSTAND AND EXPRESSLY AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND TO FOLLOW THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING OUR SITE. You also agree not to use our Site or any content contained thereon for any illegal or inappropriate activities. The Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order. We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.

You must be 18 years or older to use the Site.

Ownership and Intellectual Property
This Site is owned and operated by the Golub Corporation. 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 the Golub Corporation, © 2008, ALL RIGHTS RESERVED. The content and software on our Site is the property of the Golub Corporation 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 from 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. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at info@myfloralplace.com. All rights not expressly granted herein are reserved.

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. If you have any questions, you may contact us at info@myfloralplace.com.

Moreover, the Golub Corporation is the owner of a pending U.S. patent application that applies to this Site and to certain features and services accessible via this Site.

Representations by You
By visiting the Site, you represent, warrant and covenant that: (a) you are at least 18 years old; and (b) that you are a resident of the United States.

Third Party Content and Typographical Errors on the Site
Golub Corporation is a distributor and not a publisher of the content supplied by third parties on the Site. The Golub Corporation does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including Merchants, Suppliers, Providers, Sponsors, Licensors, or any customer or user of the Site, are those of the respective authors or distributors and not of the Golub Corporation or its affiliates or any of its officers, directors, employees, or agents. Neither the Golub Corporation nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor any third party, including any Merchant, Supplier, Provider, Sponsor, Licensor, or any other customer or user of the Site, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available on the Site represents the opinions and judgments of the respective Merchants, Suppliers, Providers, Sponsors, Licensors, customer or user of the Site, whether or not under contract with the Golub Corporation. The Golub Corporation neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Site by anyone other than authorized Golub Corporation employees. Under no circumstances shall the Golub Corporation, or its affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any content or other information obtained through the Site.

In the event a product offered for sale on the Site is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from a third party, including without limitation Merchants, Suppliers, Providers, Sponsors, and/or Licensors, 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.

Links and Search Results
Our Site may link to other sites operated by third parties. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using our Site to search for or link to another third party site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to a third party site.

Compliance With Laws and Export Regulations
You agree to use this Site and the content thereon in compliance with all applicable laws, statutes, ordinances and regulations governing your use of our Site and your purchase of products or services through our Site.

The United States export control laws regulate the export and re-export of technology originating in the United States, including 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.

Copyright Policy
If you are notifying Golub Corporation of alleged copyright infringement, please be sure to provide the following information in the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC §512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2.  A description of the copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. A description of material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, the complaining party, such as an address, telephone number, and/or an electronic mail address;
  5. A statement that the complaining party has 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
  6. A statement by you that the information in the notification is accurate, and under penalty of perjury, that the complaining party has the authority to enforce the copyrights that are claimed to be infringed.

Golub Corporation’s Copyright Agent for notice of claims of copyright infringement on or regarding this Site under 17 U.S.C. §512 can be reached as follows:

    General Counsel
    The Golub Corporation
    501 Duanesburg Road
    Schenectady, NY 12306
    FAX: (518) 379-3536

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.

Shipping and Delivery
MyFloralPlace.com, in conjunction with our service providers, will attempt to deliver an order on the requested day. If our service providers do not telephone the sender or recipient prior to delivering orders, and we cannot guarantee the time of delivery. MyFloralPlace.com is not responsible for:

  • Orders 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.

If the recipient is not home when delivery is attempted, the delivery person will either:

  • Call the recipient to schedule an appropriate delivery time.
  • Leave a note on the recipient’s door asking them to contact MyFloralPlace.com to schedule a delivery time.
  • Leave the order in a covered, secure area of the home (e.g., porch, garage, or other entrance).
  • Leave the order with a neighbor and place a message on the recipient’s door with this information.

Order Placement, Modification and Cancellation Policy
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through our Site. MyFloralPlace.com does not allow cancellation or modification of orders already in progress at the florist, en route or delivered. Same-day orders are processed immediately, and therefore cannot be cancelled or changed.

Freshness Guarantee
MyFloralPlace.com guarantees that any floral arrangement ordered through MyFloralPlace.com will be fresh for at least seven (7) days after the initial delivery attempt. With respect to our Freshness Guarantee, our sole maximum liability will not be more than to refund the purchase price or to replace and deliver equivalent product items, as appropriate, as soon as reasonably possible. The applicable guarantee must be brought within ten (10) days after delivery or we shall not be liable and you will have waived any and all related claims regarding such product items.

Substitution Policy
Substitutions may be necessary to ensure your order is delivered in a timely manner. Therefore, although substantial care and effort will be given to ensure that your order is as similar as possible to the requested item, Golub Corporation expressly reserves the right to make substitutions to any order placed through MyFloralPlace.com, including without limitation the right to substitute flower variety, flower color, filler variety, filler color and/or floral container.

Disclaimers and Limitation of Liability
NEITHER THE GOLUB CORPORATION, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MYFLORALPLACE.COM, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH MYFLORALPLACE.COM; EXCEPT THAT MYFLORALPLACE.COM DOES GUARANTEE (THROUGH ITS "FRESHNESS GUARANTEE" ABOVE) THAT YOUR FLORAL ARRANGEMENT ORDERED ON MYFLORALPLACE.COM WILL STAY FRESH FOR AT LEAST SEVEN (7) DAYS AFTER THE INITIAL DELIVERY ATTEMPT.

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE GOLUB CORPORATION SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE GOLUB CORPORATION OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES SHALL THE GOLUB CORPORATION OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, PROVISION, DISTRIBUTION, MAINTAINANCE OR OPERATION OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE GOLUB CORPORATIONS'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Termination
If you violate or breach these Terms and Conditions or any applicable law or otherwise engage in conduct that is harmful to the interests of another user, customer, Merchant, Licensor, Sponsor, the Golub Corporation, its affiliates, content providers or service providers, we may, without notice and in our sole discretion, terminate your use of the Site, suspend your access to all or part of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

Advertising
Our Site may contain third party 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 New York, 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 our Site shall be an appropriate federal or state court located in New York State's Albany or Schenectady Counties, and you hereby submit to the jurisdiction of these courts. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid, void or unenforceable, such provision shall be struck and all remaining provisions shall continue in full force and effect.

Indemnity
By using our Site, you agree to indemnify, defend and hold harmless the Golub Corporation, its affiliates, officers, directors, employees, agents, third-party service or content providers, Merchants, Sponsors, Licensors and the like, from and against any and all loss, liability, claims, costs or demands, including without limitation reasonable legal fees, made by any third party due to or arising out of your use of our Site.

How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at info@myfloralplace.com or at 1-800-666-7667, or write us at:

Price Chopper Supermarkets
P.O. Box 1074
Schenectady, NY 12306

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