These terms and conditions govern your use of this web site (the "Web Site") operated by 123-Flowers.com. Using, viewing, or navigating this Web Site means you consent and agree to these terms and conditions.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE, VIEW, OR NAVIGATE THIS WEB SITE.

123-Flowers.com may at any time make modifications, improvements and/or changes to these TERMS AND CONDITIONS, the information, names, images, pictures, logos and icons described in this publication or the products and services referred to within, with or without notice. Your continued use of this Web Site following the posting of any changes to these TERMS AND CONDITIONS will mean you accept such changes.

Trademarks

123-Flowers.com makes no claim of ownership to the trademarks of any manufacturer or merchant (collectively, the "Vendor") whose products are listed on this Web Site, or for any publisher or publication mentioned on this Web Site, including any goodwill that arises from the use of those trademarks.

Accuracy of Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While 123-Flowers.com makes every effort to ensure that the information on this Web Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Web Site.

123-Flowers.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

This Web Site may include publications with technical inaccuracies or typographical errors that will be corrected as they are discovered, at the sole discretion of 123-Flowers.com. Also, changes are periodically added to the information contained herein. These corrections and changes may be incorporated into this Web Site at a later date.

Orders, Returns & Exchanges

All merchandise is ordered, shipped and charged directly from the Vendors. The Vendor will answer all questions regarding your purchase. Customer service contact information will be provided in your order confirmation. Merchandise is not shipped on approval, so please be sure to carefully check the size, color, features and application of the merchandise you have selected before you place your order. Please be sure your shipping information is accurate before ordering, since shipping address changes will not be allowed after order placement.

International Access

123-Flowers.com provides its services internationally, and, therefore, this Web Site may contain references or cross references to 123-Flowers.com products and services that are not (readily) available in your country. Such reference does not imply that 123-Flowers.com intends to market such products or services in your country.

No Third Party Endorsement

Mention of third-party products or services, including the use of trademarks or links to the web sites of Vendors, is for informational purposes only and constitutes neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with 123-Flowers.com. You acknowledge that the word "best" is a subjective term, and is open to many different interpretations and meanings, and that this Web Site's use of this term is for promotional purposes only and nothing more. You further acknowledge that 123-Flowers.com may receive referal fees or other consideration in exchange for promoting a Vendor's products, services, or web site.

Links to External Sites

123-Flowers.com contains links to other web sites, resources and advertisers that are owned and operated by Vendors or other third parties. You acknowledge that 123-Flowers.com is not responsible for the availability of these external web sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such web sites. Under no circumstances shall 123-Flowers.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such web sites.

Permitted Use of Content

You are not permitted modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of 123-Flowers.com or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from 123-Flowers.com without the express permission of 123-Flowers.com and the copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Copyright

Your Information

Your information includes any information you provide to us or other customers during the registration process, in any public message area (including the chat or the feedback area) or through any email feature (defined herein as "Your Information"). With respect to Your Information:

a) You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

b) Solely to enable 123-Flowers.com to use Your Information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. 123-Flowers.com will only use Your Information in accordance with our Privacy Policy.

Privacy

Our then-current privacy policies, available at http://www.123-flowers.com/privacy.shtml, are incorporated herein by reference.

DISCLAIMER OF WARRANTY

You expressly acknowledge and agree that your use of 123-FLOWERS.COM is at your sole risk.

123-FLOWERS.COM AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO PRODUCTS AND SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 123-FLOWERS.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT 123-FLOWERS.COM'S WEB SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 123-FLOWERS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN 123-FLOWERS.COM'S WEB SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT 123-FLOWERS.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCULSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCULSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL 123-FLOWERS.COM, ITS PARENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER CAUSE OF ACTION OR THEORY OF RECOVERY WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS OR OTHERWISE, EVEN IF 123-FLOWERS.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

General

This Agreement shall be governed in all respects by the laws of the State of Ohio as such laws are applied to agreements entered into and to be performed entirely within Ohio between Ohio residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and shall not be modified except in writing, signed by 123-Flowers.com.