Last Updated: May 1, 2022
By using the Site in any manner, including but not limited to visiting or navigating any part of BloomNation.com, all users of the Site (including, without limitation, Florists and Customers as defined below) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced and/or available by hyperlink herein. This Agreement applies to all users of the Site, including without limitation users who are florists, vendors, customers, merchants, contributors of content, information, and other materials or services on the Site or in connection with BloomNation. Different sections of the Agreement may affect users differently depending upon their use of the Site, so please make sure to review this Agreement carefully.
If you have any questions, please refer to the contact us section.
2. BloomNation is a Venue
BloomNation provides a venue where flower sellers (“Florists”) can create listings to sell certain floral arrangements and limited related goods within a fixed-price format at the Site (subject to compliance with the Florist’s Terms and Conditions set forth below) and customers who visit or utilize the Site can learn about Florists’ listings and make purchases from Florists (“Customers”). BloomNation also provides a venue where Florists can send orders to other Florists (“Florist-to-Florist Orders”). BloomNation is not directly involved in or otherwise a party to any transactions that may take place between Florists and Customers. BloomNation has no control over the quality, safety, morality, or legality of any aspect of the Florist’s listings or any claims made by Florists about the products or services they offer, the truth or accuracy of the listings created by Florists, the ability of Florists to sell the items, the ability of Customer to pay for the items, the ability of the Florist to fulfill an order in a Florist-to-Florist Order or the ability of Florists to pay for items in Florist-to-Florist Orders. BloomNation does not conduct background checks regarding any users of the Site, and our verification process for Florists is limited. BloomNation is not a broker, agent, or insurer for any users of the Site, whether they be Florists or Customers. BloomNation makes no representations, warranties, or guarantees regarding any content or information provided by the Florists, including, without limitation, the identity, age, and nationality of any seller, buyer, or user. We encourage you to communicate directly with potential transaction partners through the tools available through BloomNation. All purchases made by Customers from Florists are made at each Customer’s own risk, and all Florist-to-Florist Orders are made at each Florist’s own risk.
You acknowledge and agree that the Site is solely a venue and has no responsibility or liability for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site. Your use of the Site is solely at your own risk.
3. Membership Eligibility
Registration for membership at the Site is subject to the following additional terms and conditions:Age: BloomNation is available only to, and may only be used by, individuals who are 18 years of age and older and who can form legally binding contracts under applicable law. By registering with the Site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. In our sole discretion, we may refuse to offer access to or use of BloomNation to any person or entity and change the eligibility criteria at any time. This foregoing is void where prohibited by law, and the right to access BloomNation is revoked in such jurisdictions.
Authority: If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity you are acting on behalf of to this Agreement.
Password: Keep your password secure. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify BloomNation of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than BloomNation without our express written permission.
Account Information: You must keep your account information, including a valid email address, up-to-date and accurate, and up to date at all times. To sell items on BloomNation, you must provide and maintain valid payment information.
Account Transfer: The access rights granted to you under this Agreement are non-transferable without our express written permission. You may not assign or otherwise transfer this Agreement to anyone, including any parent, subsidiaries, affiliated entities or third parties, without our prior written consent, which may be withheld in our reasonable discretion. Any attempted assignment or other transfer without such consent shall be void, and any such attempt shall be deemed to be a breach of this Agreement. All of our rights and obligations under this Agreement are freely assignable by BloomNation. As used herein, the terms “assignment” and “transfer” shall include (a) any sale or transfer of all or substantially all of your assets, (b) a merger, consolidation or reorganization, and (c) a change in ownership.
Right to Refuse Service: We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Further, we reserve the right to refuse service to anyone, for any reason, at any time.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in this Agreement and the policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by BloomNation, each of which is incorporated herein by reference and each of which may be updated by BloomNation from time to time without notice to you:
Copyright and Intellectual Property Policy
Eligibility for Registration as a Florist at the Site is subject to the following additional terms and conditions:
Florist Legal Obligations – If you would like to register as a Florist, you must be an authorized seller of floral arrangements and related goods through BloomNation in the jurisdiction where you reside and in compliance with any local laws or regulations. Where applicable, each Florist is solely responsible for obtaining all permits, licenses or other permissions required to offer goods through the Site. BloomNation assumes no responsibility for any Florist’s failure to obtain such permits, licenses or permissions or otherwise comply with applicable laws and regulations.
Single Account Restriction – Only one membership account per Florist is permitted.
No filling to value – All orders should be prepared with the look and temperament your customer is expecting. All Florist-to-Florist Orders should be prepared according to the specifications of the order. Your reputation depends on it.
Images in Listings – Florist may not utilize wire-service or stock photos in its listings. The images that Florists post in the listings must be images of your own creation featuring your own designs or those created by BloomNation as part of its service to the Florist. By posting them with the listing, Florists are each representing and warranting the posted images do not infringe on anyone else’s copyright or intellectual property rights.
Delivery area – The delivery area in the listing must accurately represent the area the Florist is capable of hand delivering arrangements to.
No “order gathering” or resales on the Marketplace – BloomNation has absolutely no tolerance for order gathering on the Marketplace. Florists may only create listings and accept orders that it is capable of fulfilling on its own. No wiring or reselling Marketplace orders is permitted and will result in immediate termination of membership.
Florst-to-Florist – A Florist-to-Florist Order must be fulfilled by the Florist receiving such order. The receiving Florist cannot transfer a Florist-to-Florist Order to any other party.
The Customers are Your Customers – BloomNation is not the broker, agent or joint venturer of any Florist. There is no hiding behind a middle man. Florists must treat all of orders obtained from Customers through the Site as if they are from someone that has just walked into your flower shop. Happy customers make repeat customers.
Your Customer is Your Responsibility – If there is an issue with an order, Florists are solely responsible for addressing those issues with the Customer or the other florist in a Florist-to- Florist Order, directly. Via the ordering process on the Site, Florists will be provided with Customer contact information and must work directly with them to resolve any issues. If no resolution can be reached, Florists and Customers may address their concerns to BloomNation and BloomNation may elect to act as an intermediary, but is under no independent obligation to do so.
Florists that do not abide to the above terms and conditions and those listed below are subject to immediate removal without written or advance notification from BloomNation. Users are encouraged to report any violations of the foregoing terms and conditions by a Florist by contacting BloomNation at firstname.lastname@example.org.
4. Marketplace/Storefront/Premium Custom Site Services, Fees/Taxes and Payments
Services: We will issue Florists who properly register through the Site with an individualized florist web page to display and sell their flower arrangements within the BloomNation flower marketplace, which aggregates and exhibits products from all Florists’ Storefronts (the “Marketplace”) and through the Florist’s Facebook and other third party website and mobile sites affiliated with or served by BloomNation (the Florist’s BloomNation profile page and linked third party web page are collectively referred to as a “Storefront)). We will host the Storefronts by providing a server to store the data relating to the Storefronts, maintain the content of the Storefronts, and communicate the orders placed by buyers through the Storefronts to the florists. Additionally, we will provide ongoing hosting, maintenance, updates and marketing of the Marketplace. BloomNation also offers Florists the option of creating custom website for Florists who maintain a URL outside of the Marketplace (hereafter, “Premium Custom Sites”).
Fees: Joining and setting up a Storefront on BloomNation and Premium Custom Sites are free for registered Florists. Florists will be charged fees based upon their selection of the following options:
BloomNation Marketplace: Florists are charged a 10% commission fee based on the total dollar amount of the order received via BloomNation (either directly or through affiliated third party web and mobile sites), excluding sales tax, HST, PST, and/or GST determined by BloomNation.
Standard BloomNation Option: Florists are charged a commission fee based on the total dollar amount of the order received via BloomNation (either directly or through affiliated third party web and mobile sites), excluding sales tax, HST, PST, and/or GST determined by BloomNation.
Monthly Fee Option: A potential option for Florists where Florists pay a commission or hosting fee plus credit card processing fees for a Premium Custom Site until they reach a specific volume of sales. Once they reach the specific volume of sales threshold, as determined by BloomNation in its sole discretion, Florists using the Monthly Fee Option will be switched over to the Standard BloomNation Option described above. BloomNation shall provide notification to the Florist achieving this threshold at the time of the switch. Notice of cancelation must be given prior to billing cycle.
Florist to Florist Orders: Florists fulfilling a Florist-to-Florist Order are charged a ten percent (10%) commission fee payable to BloomNation which is based on the total dollar amount of the order received via BloomNation (either directly or through affiliated third party web and mobile sites), excluding sales tax, HST, PST, and/or GST determined by BloomNation. The Florist fulfilling the Florist-to-Florist Order shall receive the remaining ninety percent (90%) of the total dollar amount of the order subject to the payment terms set forth herein. BloomNation reserves the right to disqualify Florists from taking or receiving Florist-to-Florist Orders in its sole and exclusive discretion.
Point of Sale System Option: In combination with either of the foregoing Options, BloomNation offers Florist’s the option of utilizing BloomNation’s point of sale system (“POS”). The charge for use of BloomNation’s POS system is a 2.99% commission fee based on the total dollar amount of the order received via BloomNation, excluding sales tax, HST, PST, and/or GST determined by BloomNation.
Relative to all of the foregoing options, BloomNation reserves the right, at our sole discretion, change some or all of BloomNation’s services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of such service. Unless otherwise stated, all fees are quoted in US Dollars (USD). We keep accepted payment information on file. We shall not be responsible in any way for any fraudulent payment or credit information provided by any third parties.
Taxes: We are responsible for collecting and remitting all applicable sales and government taxes in relation to transactions conducted through the Storefront based upon the information provided by Florists. You are responsible for notifying BloomNation of any and all changes related to applicable sales tax for your Storefront. With respect to Premium Custom Sites, BloomNation will collect and pass onto the Florist any applicable sales and government taxes for transactions conducted through such sites, based upon the tax rates selected by the Florist.
Payments: Settled transactions will be debited to your account balance via direct deposit or a check mailed to your address on file with BloomNation, within a reasonable time after the order has been processed and the buyer’s credit card has been authorized. In no event shall the payment time exceed thirty-one (31) days from the end of the month in which the order was delivered and the buyer’s credit card has been authorized. BloomNation reserves the right to withhold, reverse or otherwise refuse payments to Florists for any unfulfilled or returned customer transactions, including, without limitation, refunds due to non-delivery by Florist, customer rejections for quality issues, non-payment due to customer fraud, chargeback or contested charges.
5. Listings – Responsibilities of Florists
Listing Description: By listing an item on BloomNation Florists warrant that you and all aspects of the item comply with this Agreement. Florists also warrant that they may legally sell the item. Florists must accurately describe your item and all terms of sale in its Storefront. Florist’s listings may only include text descriptions, graphics, pictures and other content applicable to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing. The price stated in each item listing description must be an accurate representation of the sale. Florist may not misrepresent the item’s location, or use another user’s account without permission.
Binding Sale: All sales are binding. The Florist is obligated to deliver the order or otherwise complete the transaction with the Customer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Customer fails to meet the terms of the Florist’s listing (such as payment method), or (b) the Florist cannot authenticate the Customer’s identity. The Customer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. In the event that an order is received that you are unable to deliver, you are responsible for promptly notifying BloomNation so that the order can be forwarded to another florist to fulfill or so that the order can be canceled and refunded to the customer in a timely manner.
Responsibilities: Notwithstanding anything to the contrary herein, Florists are solely responsible for all orders placed through its Storefront, whether such orders are lost, unprocessed, mishandled or otherwise. Florists remain solely responsible even if such failure to fulfill the order is a result of not checking notifications sent to the Florist via BloomNation. Florists are also solely responsible for informing the Customer of any lost, unprocessed or mishandled orders, and for all other Customer relationship matters relating to orders processed through the Florist’s Storefront. We are not responsible in any way whatsoever for the foregoing matters.
6. Prohibited, Questionable and Infringing Items and Activities by All Users
Each user is solely responsible for his/her/its conduct and activities on and regarding to the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that the user submits, posts, and displays on the Site. Furthermore, Florists may not list any item on the Site (or consummate any transaction that was initiated using the Site) that, by paying to BloomNation the final value fee, could cause BloomNation to violate any applicable law, statute, ordinance or regulation, or that violates this Agreement.
Restricted Activities: Your Content and your use of the Site shall not:
(i) Be false, inaccurate or misleading
(ii) Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
(iii) Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, BloomNation’s Copyright Policy).
(iv) Violate this Agreement, any site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
(v) Contain items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers and therefore subject to a recall.
(vi) Be defamatory, discriminatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other users), or falsely state or otherwise misrepresent your affiliation with any person through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
(vii) Be obscene or contain child pornography.
(viii) Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(ix) Host images not part of a listing.
(x) Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with BloomNation.
(xi) Appear to create liability for BloomNation or cause BloomNation to lose (in whole or in part) the services of BloomNation’s ISPs or other suppliers.
(xii) Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, other agreements hyperlinked herein, or other policy documents as posted on the Site.
(xiii) Use the Site to collect orders for any other business to fulfill.
(xiv) Reproduce, duplicate, copy, sell, trade or resell any of the services within the Site for any purpose.
(xv) Engage in activity that interferes with or disrupt the Site (or the servers and networks which are connected to the Site).
(xvi) Contain alcohol
Notwithstanding anything to the contrary herein, we reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Site.
7. User Responsibilities
A. Order Acceptance and Billing
Each User represents and warrants that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of this Agreement and may result in cancellation of your order. Prior to accepting an order, BloomNation may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. BloomNation reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by us related to credit or fraud. If your order is canceled after your credit card (or other payment account) has been charged, BloomNation will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. BloomNation or the Florist will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. BloomNation may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you, but your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. BloomNation does this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products, as well as all delivery and handling charges and applicable taxes. You will be charged for most orders when your order is placed. Some exceptions are: Florist to Florist orders. By providing a debit card, credit card or other payment accepted by BloomNation (collectively, “Cards”), you further authorize us to charge your Cards for any additional charges for your requested changes to your order, or any additional or future orders.
BloomNation reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. BloomNation will attempt to notify you should such limits be applied. BloomNation also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.
B. Pricing Information; Availability
BloomNation or the Florist cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Sites or through the Marketplace. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product.
BloomNation or the Floirst reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or delivery notice from BloomNation. BloomNation or the Florist may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. BloomNation reserves the right in our discretion to impose conditions on the offering of any promotional code.
Products will be delivered to an address designated by you, if applicable, so long as such address is complete and accurate. All transactions are made pursuant to a delivery contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Some products may be available for pick up at physical Florist locations. Some products may have restricted delivery within the United States. Estimated delivery times are determined based on the method of delivery chosen when products are purchased and the destination of the products.
9. Content, Material & Licenses
We own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site, whether those rights happen to be registered or not, and wherever those rights may exist. Unless you have agreed otherwise in writing with BloomNation, nothing in this Agreement gives you a right to use any of BloomNation’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features.
Copyright Ownership of BloomNation Generated Content: As part of its services to Florists, BloomNation (either directly or through one of its authorized contractors) may create or otherwise generate images of certain products offered by Florists (hereafter, “BloomNation Generated Content”) which may then be utilized to advertise or other sell the respective Florist’s products through Storefronts and Premium Custom Sites only. By availing themselves of this service, Florists acknowledge and agree that BloomNation owns any and all rights to use, publish, and copyright BloomNation Generated Content in any and all media, now or hereafter known. Florists further release to BloomNation all rights to exhibit this BloomNation Generated Content (even if it includes or otherwise encompasses any work that Florist may claim copyright upon) in any and all media, now or hereafter known, publicly or privately. Florists further acknowledge and agree that they have no right, title, or interest in or to any of the BloomNation Generated Content and hereby release and hold harmless BloomNation and its successors and assigns from any damages or liability relating to or arising from any use of or modification or alteration to any of the BloomNation Generated Content; and hereby waive any claims they may have based on any use of the BloomNation Generated Content or works derived therefrom. Florists further acknowledge and understand that, in the event Florists’ account with BloomNation is terminated (for any reason and whether by BloomNation or the subject Florist), Florists shall have no right to use any BloomNation Generated Content, absent the express, written content of BloomNation, and must promptly remove any BloomNation Generated Content from any materials their publish or distribution in any forum (online or otherwise.)
Florists explicitly grant to BloomNation (and its affiliated third party websites and their operators) a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content, Florists submit, post or display on or through the Site (including affiliated third party websites), or post or display on a Florist’s Storefront or Premium Custom Sites. Florists are solely responsible to ensure the User Content posted is of their own images, copyright and intellectual property or that the Florists have the express written consent to use such User Content. Florists hereby further grant to BloomNation the right to promote the services provided to Florists in BloomNation press kits, press releases, and any other promotional materials related to BloomNation. Florists acknowledge BloomNation as the creator and provider of the Site. Unless provided otherwise in a separate written agreement between the Florist and BloomNation, Florists acknowledge and agree that each of them are solely responsible for protecting and enforcing any rights the Florist may have to any User Content that submitted, posted, transmitted or displayed on, or through, the Site and that BloomNation has no obligation to protect or enforce those rights on the Florist’s behalf.
Users confirm and warrant to BloomNation that they have all the rights, power and authority necessary to grant the above licenses to User Content.
Re-Posting Content: By posting User Content on BloomNation, it is possible for an outside website or a third party may re-post that User Content. Users agree to indemnify and hold BloomNation harmless for any dispute, claims or causes that may arise from any such action.
Idea Submissions: We consider any unsolicited suggestions, ideas, proposals or other material submitted to BloomNation by users (other than the User Content and the tangible items sold on BloomNation by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and BloomNation shall not be liable for the disclosure or use of such Material. If, at BloomNation’s request, any member sends Material to improve the Site (for example through the forums or to customer support), BloomNation will also consider that Material to be non-confidential and non-proprietary and BloomNation will not be liable for use or disclosure of the Material. Any communication by users to BloomNation is subject to this Agreement. Users hereby grant and agree to grant to BloomNation, under all of such user’s rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to the user and without further recourse by the user.
10. Information Control
BloomNation has limited control of the User Content provided by users and that is made available on the Site. You may find some User Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks of dealing with international trade and foreign nationals. By using the Site, users agree to accept such risks and that BloomNation and its officers, directors, agents, subsidiaries, joint ventures, employees, suppliers, licensors and representatives (collectively, BloomNation’s “Affiliates”), are not responsible for any and all acts or omissions of users on the Site. Please use caution, common sense, and practice safe buying and selling when using the Site.
Other Resources: BloomNation is not responsible for the availability of outside websites or resources linked to or referenced on the Site. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Users agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
11. Meetings & Groups
Meetings: Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for all interactions with other users at Meetings. Users must comply with BloomNation’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. BloomNation is not involved with user generated groups, the groups’ requirements, or the Meetings.
BloomNation does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with other users. Users understand that we do not in any way screen or conduct background checks its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on BloomNation may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. ANY SUCH FEES ARE GOVERNED SOLELY BY THE SUBJECT USERS AND BLOOMNATION IS NOT INVOLVED IN THE REQUEST FOR, OR COLLECTION OR PAYMENT OF SUCH FEES AND RELATED TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO BLOOMNATION; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY BLOOMNATION, AND WE HAVE NO CONTROL OVER THE FEES, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. BY PARTICIPATING IN MEETINGS, USERS ACKNOWLEDGE AND AGREE THAT BLOOMNATION IS NOT INVOLVED OR OTHERWISE A PARTY TO ANY TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, BLOOMNATION USERS AND/OR THIRD PARTIES (TOGETHER A “THIRD PARTY TRANSACTION”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. USERS SHOULD USE COMMON SENSE AND BE CAREFUL IN DECIDING WHETHER TO CONTRIBUTE MONEY TO SUCH RELATED TRANSACTIONS.
12. Driving Directions through BloomNation Mobile Application
Please note the following relative to driving directions offered through the BloomNation Mobile Application (as feature of the Site as defined above): The information provided through the BloomNation Mobile Application is not intended to replace the information provided on the road, such as traffic signs, traffic lights, police instructions, etc. Those utilizing the BloomNation Mobile Application must always drive vigilantly according to road conditions and in accordance with traffic laws. Use of the BloomNation Mobile Application is not intended while driving or to otherwise interfere with the due course of driving and distract the driver’s attention to the road. The information provided by the BloomNation Mobile Application originates from third party sources which are not continually updated and may be inaccurate, incomplete or outdated. BloomNation makes no warranties or representations regarding the information’s correctness or reliability.
13. Delivery Tracking Mobile Application
Delivery Tracking is an Internet-based delivery management software service provided by BloomNation. Florists may download a mobile application that allows Florists to manage their deliveries and drivers. When using the Delivery Tracking App, all data uploaded by Florists remains the property of the Florist, as between BloomNation and the Florist (“Florist Data”). Florist Data includes your name, email address, postal address, phone number, company name, credit card payment information, and your customer and delivery information.
Florist grants BloomNation and its third-party providers the right to use the Florist Data for purposes of performing the tasks provided by the Delivery Tracking App, collect information of Florist customers (“Senders”) and recipients of Florist products (“Recipients”) for marketing purposes, and sending text messages to Senders and Recipients.
In addition to the Liability Limitation Section and No Warranty Section set forth in these Terms of Service, BLOOMNATION SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BLOOMNATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLOOMNATION SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BLOOMNATION’S REASONABLE CONTROL.
THE SERVICES OFFERED UNDER THE DELIVERY TRACKING MOBILE APPLICATION MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE TRANSPORTATION OF PRODUCTS, BUT YOU AGREE THAT BLOOMNATION HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION OF GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY A THIRD PARTY PROVIDER
14. Resolution of Disputes and Release
In the event a dispute arises between a user and BloomNation, the user should contact BloomNation at email@example.com to assess the possibility of informal resolution.
Barring such informal resolution, any dispute arising from or relating to the subject matter of this Agreement or a user’s use of the Site or relationship with BloomNation shall be finally settled by binding arbitration in Los Angeles, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, LLC. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the federal or state courts located in the County of Los Angeles in the State of California. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, unless expressly noted otherwise herein, including without limitation, this section.
Should a dispute arise between you and any other user or users of the Site, or an outside party, you release BloomNation and its Affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. BloomNation encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable and appropriate.
BloomNation, for the benefit of users, may elect to assist users resolve disputes, however, BloomNation do so in its sole and exclusive discretion, and BloomNation undertakes no formal obligation to resolve disputes between users or between users and outside parties. To the extent that BloomNation attempts to resolve such disputes, BloomNation does so in good faith and based solely on its policies. BloomNation will not make judgments regarding legal issues or claims.
FOR FLORIST-TO-FLORIST ORDERS ONLY:
In the event a dispute arises between Florists in connection with a Florist-to-Florist Order, the respective Florists shall be responsible for initially communicating with each other in an attempt to resolve the dispute. In the event the dispute remains unresolved between the Florists, BloomNation will have the right, but not obligation, to step in and determine how the dispute should be resolved, including, without limitation, issuing a refund, reversing a sale or requiring the purchasing Florist to pay for the items in question.
15. BloomNation’s Intellectual Property
BloomNation, and other BloomNation graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of BloomNation, Inc. in the U.S. and/or other countries. BloomNation’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
16. Access and Interference
The Site may contain robot exclusion headers which contain internal rules for software usage. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to BloomNation by the Site’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever, except to the extent expressly permitted by and in compliance with this Agreement or otherwise without our prior express written permission. Additionally, you agree that you will not:
(i) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on BloomNation;s infrastructure.
(ii) Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in this Agreement from the Site except to the extent expressly permitted by and in compliance with this Agreement or otherwise without the prior express written permission of BloomNation and the appropriate third party, as applicable.
(iii) Interfere or attempt to interfere with the proper working of the Site or any activities conducted thereon.
(iv) Bypass the Site’s robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Without limiting any other remedies, BloomNation may, without notice, and without refunding any fees, delay or immediately remove Content, warn BloomNation’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to BloomNation, and take technical and legal steps to keep a user off BloomNation and refuse to provide services to a user if, not intended to be an exclusive list, any of the following apply:
(ii) We are unable to verify or authenticate any of the user’s personal information or Content.
(iii) We believe that a user is acting inconsistently with the letter or spirit of BloomNation’s policies, has engaged in improper or fraudulent activity in connection with the Site or the actions may cause legal liability or financial loss to BloomNation’s users or to BloomNation itself.
19. SMS/MMS Mobile Message Marketing
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from the Company. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to opt out by following the instructions in the text message. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying the Company of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by the Company, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with the Company.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
20. No Warranty
BLOOMNATION AND ITS AFFILIATES PROVIDE THE SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT BLOOMNATION AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE SITE WILL BE CORRECTED. BLOOMNATION AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BLOOMNATION OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
21. Liability Limitation
BLOOMNATION AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE SITE (OR ANY SERVICES OFFERED THROUGH OR FEATURES WITHIN THE SITE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE, (c) YOUR FAILURE TO PROVIDE BLOOMNATION WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE SITE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN BLOOMNATION. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
In no event shall BloomNation or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BloomNation partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
BloomNation does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
BloomNation does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
BloomNation does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
YOU AGREE TO INDEMNIFY AND HOLD BLOOMNATION AND ITS AFFILIATES, HARMLESS FROM AND AGAINST ALL DAMAGES, COSTS (INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS), LOSSES, EXPENSES, (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) AND LIABILITIES RELATING TO ANY CLAIM OR DEMAND ASSERTED BY ANY PARTY AGAINST BLOOMNATION AND/OR ITS AFFILIATES ARISING FROM OR RELATED TO YOUR ACTIVITES OR CONDUCT ON OR THROUGH THE SITE.
As part of its Service, BloomNation offers certain features intended to improve the accessibility of Florists’ website, including for individuals with vision disabilities. To the extent the Florist declines or otherwise disables such accessibility improvement features offered by BloomNation, the Florist further agrees, as a supplement to its existing indemnity obligation, to indemnify and hold BloomNation and its affiliates, harmless from any and all claims brought against them by any third parties alleging inaccessibility of the Florist’s website, including, without limitation, claims for damages, attorneys’ fees, costs and other legal or equitable relief.
23. Access and Data Integrity
BloomNation does not guarantee continuous, uninterrupted access to the Site. Although BloomNation attempts to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by other users or third parties without BloomNation’s knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform BloomNation by e-mailing us at firstname.lastname@example.org.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
25. No Employment or Agency
No Employment Relationship
BloomNation is not an employment service and does not serve as an employer of any user (Florist, Customer or otherwise). BloomNation is not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the Site. By using the Site, users understand and agree that, if BloomNation is found to be liable for any tax or withholding tax in connection with your use of the Site, then you will immediately reimburse and pay to BloomNation an equivalent amount, including any interest or penalties thereon.
No Agency Relationship
No brokerage, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, BloomNation is not acting and does not act as an agent for any Florist, Customer or any other user or visitor of the Site.
26. BloomNation Service
BloomNation reserves the right to modify, limit, suspend or terminate any and all services offered on or through the Site (or any feature thereof) for any reason, without notice, at any time. BloomNation reserves the right to alter this Agreement or other BloomNation policies at any time, so please review the policies frequently.
BloomNation may amend this Agreement at any time, and from time to time, in our sole and absolute discretion, without any notice to you. You should regularly review this Agreement as posted on the Site on this page to check for amendments. You understand and agree that if you use the Site after the date on which these amendments have been applied to the Agreement, BloomNation will treat your continued use of the Site as acceptance of the updated terms. You may not amend this Agreement at any time without our prior written consent.
28. No Waiver
You agree that if BloomNation does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), it shall not constitute a waiver of BloomNation’s rights, and as such, those rights or remedies will still be available to BloomNation. Nothing in this Agreement shall prevent BloomNation from complying with the law and these terms do not confer any third party beneficiary rights.
29. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, without regard to its conflict of law provisions.
Sections 4 (Services, Fees/Taxes and Payments), 9 (Content, Material & Licenses), 10 (Information Control), 11 (Meetings & Groups), 14 (Resolution of Dispute and Release), 15 (BloomNation’s Intellectual Property), 16 (Access and Interference), 17 (Breach), 18 (Privacy), 19 (No Warranty), 20 (Liability Limit), 21 (Indemnity), 22 (No Guaranty), 23 (Severability), 24 (No Agency), 28 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices to BloomNation shall be sent via postal mail to BloomNation, Attn: Legal Department, 1316 Third St, Suite 301, Santa Monica, California 90401 and any notices to users (in the case of BloomNation) shall be sent to the email address you have provided to BloomNation. Notice sent by email shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, BloomNation may elect, at its own discretion, to deliver notice by certified mail, to the address you provided to BloomNation. In such case, notice shall be deemed given three days after the date of mailing.For issues with intellectual property, please provide the notice as specified in BloomNation’s Copyright and Intellectual Property Policy.
The services hereunder are offered by Bloom Nation, Inc. located at 1316 Third St, Suite 301, Santa Monica, California 90401. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
33. Notice for Users in California
This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
If you have any questions about this Agreement, please contact email@example.com.
Last Updated: May 1, 2022
BloomNation, Inc. (“BloomNation,” “we”, “us”, “our”) values our online community. You trust us with your information, and we’re serious about that responsibility. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat personal information we collect or receive from users of BloomNation.com, its social media pages (including Facebook and Twitter pages) and any services offered through BloomNation.com, its affiliated social media pages or premium custom sites operated by Florists utilizing the BloomNation platform (collectively referred to hereafter as the “Site”). We know you care about your privacy, too, so we provide settings that allow you to control how certain information is used on the Site.
Information Collected or Received
BloomNation may require users of the Site to give us personally identifiable information, which may include but is not limited to the user’s name, home and business addresses, phone number, email address, valid identification and credit card/payment account information (collectively “Personal Information”). Besides the Personal Information, we may also collect other non-personally identifiable information relative to your use of the Site as discussed below. Certain services offered through the Site may require different types and forms of Personal Information, including delivery address and contact information for recipients of orders. You can opt out of providing Personal Information by not entering it or not using the Site, although not providing Personal Information may hinder your ability to use the Site and/or services offered therefrom .
To become a BloomNation member you are required to provide a valid email address at registration and choose a username or alias and password that may represent your identity on BloomNation.
BloomNation offers you the option of registering an account with us by logging in with an accounts you have established with certain third party sites (e.g. Facebook.com and Google.com) (hereafter, the “Outside Account”). By logging in via the Outside Account, you are granting BloomNation the right to access, utilize and store (if applicable) information (including Personal Information) tied to your Outside Account in connection with your use of the Site. Depending on the Outside Accounts you choose and subject to the privacy settings that you have set in such Outside Accounts and on your account with BloomNation, the information you make accessible via your Outside Accounts (including Personal Information) will be available to BloomNation and on and through your BloomNation account. You can stop sharing the information from Outside Accounts with us by removing our access to that Outside Account.
Depending on which services you choose to use, BloomNation may require additional information, such as a florist/storefront name, billing information (including billing address, phone number, valid identification, credit card information), a mobile telephone number, a physical mailing or delivery address, taxpayer/employer identification number, social security number and/or payment information. For Florists, if you choose to enable direct payment, BloomNation may require information such as your bank account information and/or credit card information in order to verify your identity and provide this service to you.
Users may elect to provide your full name and other personal information (such as birthday, gender, location) to be publicly displayed in connection to your account and activity.
Customer Support. We may collect information about you through your communications with our customer-support team.
Location Information. We collect and store your location information if you enable your mobile device to send it to us, such as by use of geolocation features in the device(s) through which you access the Service, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet). We use location information to provide you with features, notifications, advertising, or other content that is influenced by your location.
Making Payments. If you are a Customer, our service providers will collect and process your payment information. We do not collect or store any payment card information, though we may receive information about completed transactions that does not include credit card or bank account numbers.
How We Use Information
Your username, BloomNation ID or alias is publicly displayed and connected to your BloomNation profile. Your profile will also provide the date you joined the Site, feedback, ratings, profile information, items listed for sale, shop pages, sold item listings, and comments in community spaces.
We use the information we collect from the Service mainly as follows: (i) to provide, maintain, protect and improve the Service (including data analytics), to develop new ones, and to protect BloomNation, Florists, and Customers; (ii) to respond to your submissions, questions, comments, requests and complaints and provide customer service; (iii) as part of our efforts to keep the Site safe and secure; (iv) to protect BloomNation’s rights or property; (v) for internal operations, including troubleshooting, data analysis, testing, research, customization, and improvements to service and experience on the Site; (vi) to send you confirmations, updates, security alerts, and support and administrative messages; and (vii) for any other legitimate business purpose such as billing, identification and authentication purposes, or for which the information was collected. BloomNation may use information to provide online advertising on the Site and to send you information we think may be useful or relevant to you. You may opt out of email marketing by using the unsubscribe link in a marketing email or you may opt out by altering your account settings.
BloomNation does not knowingly allow any users under the age of eighteen (18) to use or otherwise access to the Site. BloomNation does not seek any Personal Information (or any information at all) from any persons under 18 years old. If you are under 18 years old, you may not use the Site.
Choice & Control
We know members of our community value having control over their own information, and therefore BloomNation gives you the choice of providing, editing or removing certain information, as well as choice over how we contact you. We give you account settings and tools to access and control your personal data regardless of where you live. If you live in the European Economic Area, United Kingdom, and Switzerland (“Designated Region”), you have several legal rights regarding your information as discussed below.
Accessing and Exporting Data. By logging into your account, you may access your personal information and you can also download your personal information in a common file format.
Editing and Deleting Data. In your account settings, you can change or delete your personal information. Additionally, you may delete your account if you wish. If you choose to delete your account, most of your information will be deleted within 30 days, but it may take up to 90 days to delete all your data and other data stored in our backup systems due to size and complexity of our systems used to store data.
You may change or correct your BloomNation account information (except your username) at any time. You may remove certain optional information you no longer wish to be publicly visible, such as your full name.
Objecting or Restricting Data Use. In your account settings, you have options to control our use of your data. You may limit how your information is visible to other users or made publicly available; and limit the notifications or emails you receive from us. Please note that should you opt-out of receiving notifications or emails from us, you will still receive administrative messages from us. If you are receiving texts sent via the Service and you wish to opt out, reply STOP to any such message, or send an email with your cellphone number and the subject line “Opt-Out” to firstname.lastname@example.org.
If you have any questions about how to exercise these choices, please e-mail us at email@example.com
Messages from BloomNation
On occasion, BloomNation will send you messages if you have chosen to receive such messages and submitted either your e-mail address, phone number or a physical mailing address to the Site. The default, required form of communication is email. In some situations, BloomNation may send you physical mail or text messages.
Some messages from BloomNation are service-related and required for members. Examples of service-related messages include, but are not limited to: a welcome/confirmation email when you register your account, notification of an order, or correspondence with BloomNation’s support team. These messages are not promotional in nature. You may not opt-out of receiving service-related messages from BloomNation, unless you close your account.
As a member, BloomNation may also send you messages related to certain features on the site or your activity. BloomNation may also send you news or updates about changes to our site or services. By default, members will receive these messages via email. You may elect to opt-out of receiving these BloomNation emails at any time after registering by e-mailing us at firstname.lastname@example.org, by writing to us at the address contained herein, or by hitting the “unsubscribe” button at the bottom of any of our e-mails.
BloomNation also offers optional email newsletters. You must opt-in or subscribe to begin receiving newsletters, and subscription is available to both members and non-members. Members may subscribe or unsubscribe from optional newsletters under your account settings or by following the instructions contained in the newsletter emails. Non-members may subscribe by providing an email address, which will only be used by BloomNation for these newsletters. Non-members may unsubscribe from newsletters by following the instructions contained in the newsletter emails.
By purchasing, you consent to receive text and email messages. Message and data rates may apply. Text STOP to cancel.
BloomNation is both a marketplace and a community. We provide areas on the Site where you can publicly post submit information and content about yourself or your business and can communicate with others, such as the Marketplace (including Florist Storefronts and related listings), the community forum or blog. Please use common sense and good judgment when posting in these community spaces or sharing your personal information with others on BloomNation. By engaging in such conduct, you acknowledge your understanding that any such information or content you supply to these community spaces may be accessible by other users and may appear on other websites or web searches, and therefore, this information could be read, collected, and used by others throughout the world. For example, if you post your email address on your Storefront, you may receive unsolicited messages from other users who can access the Site. We have no control over who reads your public postings or what other users may do with the information you voluntarily post. BloomNation generally does not remove content from community spaces, and your posts may remain public after your account is closed. You are responsible for the personal information you choose to post in community spaces on BloomNation.
Information Sharing & Disclosure
BloomNation generally limits access to your Personal Information to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
BloomNation is affiliated with a variety of businesses and works closely with them (including, without limitation, Yelp.com). These businesses may offer promotions or sell items or services to you through BloomNation’s services. BloomNation may also provide services or sell products jointly with affiliated businesses. Due to the nature of our business model, when an affiliated business is associated with your transaction, we may share information that is related to such transaction with or through that affiliated business. BloomNation may share aggregated demographic information with business partners that cannot be reasonable used to identify an individual.
BloomNation employs third party service providers (including, without limitation, Yelp.com) to perform tasks on our behalf, and we need to share your information with them to provide products and services to you. Examples include but are not limited to fulfilling orders, processing payments, handling billing disputes and collections, analyzing data, providing marketing assistance and providing customer service. BloomNation may also partner with third party service providers for fraud prevention and/or identity verification. Your information will be treated as private and confidential by such third party service providers and not used for any other purpose than we authorize.
We can only speak for ourselves; this policy does not apply to the practices of third parties that BloomNation does not own or control, or individuals that BloomNation does not employ or manage. If you provide your information to others on BloomNation or throughout the Internet, different rules may apply to the use or disclosure of the information you provide to them. BloomNation does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. BloomNation is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the BloomNation site. We encourage you to ask questions before you disclose your personal information to others.
Cookies & Tracking Technologies
BloomNation uses a variety of technologies to help us better understand how people use the Site.
A cookie is a small data file sent from a web site to your browser that is stored on your computer’s hard drive. BloomNation uses our own cookies for a number of purposes, including to access your information when you sign in; keep track of preferences you specify; display the most appropriate content based on your interests and activity on BloomNation; estimate and report BloomNation’s total audience size and traffic; conduct research to improve our content and services. You can configure your browser’s settings to reflect your preference to accept or reject cookies. If you reject all cookies, you will not be able to take full advantage of services offered by the Site.
We use Flash cookies (a.k.a local shared objects or LSOs) to store some of your viewing preferences on our site. Flash cookies are used to collect and store information, but differ from browser cookies in the amount, type and manner in which data is stored. BloomNation does not tie the information gathered by Flash cookies to your personally identifiable information.
BloomNation may partner with third-party services who may use various tracking technologies, such as browser cookies or Flash cookies, to provide certain services or features. These technologies allow a partner to recognize your computer each time you visit BloomNation, but do not allow access to personally identifiable information from BloomNation. BloomNation does not have access or control over these third-party technologies, and they are not covered by our privacy statement. You may be able to change browser settings to refuse and/or disable cookies when you access the Site through a web browser. The steps to do this vary depending on the browser used, but generally can be found by using the “Help” feature available on your browser. However, if you do that, the Site may not work properly and/or personalized features of the Site will be disabled. BloomNation is not presently configured to respond to DNT or “do not track” signals from web browsers.
The security of your personal information is important to us. Your BloomNation account information is protected by a password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services. Each password owner is responsible for keeping the password confidential and safe, as BloomNation has no control or responsibility for this type of user information. If the password may have been stolen or might otherwise be misused, it is the responsibility of the password owner to notify BloomNation immediately for further action.
BloomNation encrypts sensitive information (such as credit card number) using secure socket layer technology (SSL). BloomNation follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once BloomNation receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your Personal Information or data during its transfer over the Internet.
BloomNation will retain your information for as long as your account is active or as needed to provide you services. If you no longer want BloomNation to use your information to provide you services, you may close your account. BloomNation will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
For Residents of the State of California Only
The California Consumer Privacy Act (the “CCPA” or “Act”) provides California residents with specific rights regarding their personal information. It should be noted that personal information under the Act does not include publicly available information from governmental records and de-identified or aggregated consumer information. This section describes your rights under the Act and explains how to exercise those rights.
Right to Personal Information.
As required by the Act, we will provide you the following information upon a verifiable consumer request: (1) categories of Personally Identifiable Information that we collect; (2) categories of sources from which the Personally Identifiable Information is collected; (3) the purpose of collecting such Personally Identifiable Information; (4) the categories of third parties with whom we share Personally Identifiable Information; and (5) specific pieces of Personally Identifiable Information collected. If we sold or disclosed your Personally Identifiable Information for a business purpose in the preceding 12 months, we will provide (a) a list of the categories of personal information that was sold, and (b) a list of the categories of personal information that was disclosed for a business purpose.
Right to Request Deletion of Personal Information.
According to the Act, you may request that your Personally Identifiable Information be deleted. We will comply with this request once we are able to confirm that we received a verified consumer request. Please be advised that we may deny your request to delete your Personally Identifiable Information if we need to maintain your Personally Identifiable Information in order to (1) complete a transaction, provide service or goods, or perform a contract for which the Personally Identifiable Information is collected; (2) detect any security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for these activities; (3) debug products and to identify and repair errors that impair functionality of the Service or Website; (4) exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided by law; (5) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.); (6) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent; (7) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (8) comply with a legal obligation; or (9) otherwise use your Personally Identifiable Information, for internal use only, that is compatible with the context in you provide the Personally Identifiable Information.
Exercising your CCPA Rights.
To request (a) information about your Personally Identifiable Information collected or (b) deletion of your Personally Identifiable Information, please email email@example.com, log into your account and make a request, or standard mail to the address found below.
We can only respond to verifiable consumer requests. A verifiable consumer request means a request that is made by consumer, by a consumer on behalf of a consumer’s minor child, or a person registered with the California Secretary of State that is authorized to act on your behalf. Your verifiable consumer request must include (1) sufficient information that allows us to verify your identity or provides sufficient authority to make the request; and (2) describes you request with enough detail to evaluate and respond to your request. We will not respond to any requests if we cannot verify your identity or authority to make the request and confirm that the personal information belongs to you. You are not required to create an account in order to make a verifiable consumer request. We are not required to comply with more than two verifiable requests from the same consumer in a 12-month period of time.
Please allow 45 days to complete your request. We will inform you if more time is required to complete, but it should take no longer than 90 days. If you have an account, we may provide our response to your account. If you do not have an account, we will provide our response according to your requested format, namely, electronically or by mail. Please note that there is no charge for making a request, but we reserve the right to charge a fee if the request is deemed excessive, repetitive, or manifestly unfounded. We will notify you of any fee and reasons for such fee before completing your request.
Right to Opt-out of the Sale of Personal Information.
We will discriminate against you because you exercised your rights under the CCPA including: (1) denying goods or services; (2) charging different prices or rates for goods or services through discounts, benefits, or imposing penalties; (3) providing different level of quality of goods or services; or (4) suggesting that you will receive a different price, rate, quality, or level of goods or services.
BloomNation reserves the right to modify this privacy statement at any time, so please review it periodically. We’ll communicate changes by posting a notice on the Site. If we make material changes to this policy you will be notified here, by email, or other places BloomNation deems appropriate.
If you have questions or suggestions you can contact BloomNation’s support team by sending an email to legal@BloomNation.com or writing to:
1316 Third Street Promenade, Suite 301
Santa Monica, CA 90401