|
TERMS OF USE
Welcome to COOLGREENANDSHADY.COM. This website is proudly presented to you by Cool Green & Shady, Inc. and its subsidiaries (collectively, the "Company", "we", "us" and "our"). The following rules ("Terms of Use" and "Terms") govern the use of the website located at the URL www.coolgreenandshady.com and the services offered on the site, including, but not limited to, the ability to order products, review and track orders, maintain a wish list, receive newsletters and promotional emails, and links (collectively, the "Site").
YOUR ACCESS TO, OR USE OF THIS SITE SIGNIFIES THAT YOU AGREE TO BE LEGALLY BOUND BY, AND TO ABIDE BY, THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU SHOULD IMMEDIATELY CEASE USE OF THE SITE AND ALL RELATED SERVICES, MATERIALS, AND SOFTWARE.
By using the Site, you understand and agree to be legally bound by these Terms of Use and to follow these Terms and all applicable laws and regulations governing our Site. The Terms of Use shall supercede any terms included with any purchase, whether or not such terms are signed by the Company. We reserve the right to change these Terms of Use at any time, effective immediately upon posting on our Site.
DISCLAIMERS AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF COOLGREENANDSHADY.COM IS AT YOUR SOLE RISK. YOU MUST BE 18 YEARS OR OLDER TO REGISTER AS A MEMBER. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT COOLGREENANDSHADY.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF COOLGREENANDSHADY.COM, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH COOLGREENANDSHADY.COM. THE COMPANY DOES OFFER A SATISFACTION GUARANTEE REGARDING THE GOODS OFFERED THROUGH THE SITE AND THIS GUARANTEE IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THE TERMS OF USE. YOU MAY REVIEW OUR SATISFACTION GUARANTEE BY CLICKING HERE.
SALE ITEMS, PRICES AND SPECIAL OFFERS SHOWN ON THE SITE ARE ONLY AVAILABLE THROUGH THE SITE AND DO NOT NECESSARILY REPRESENT SALES ITEMS, PRICES OR SPECIAL OFFERS AVAILABLE IN ANY COOL GREEN & SHADY RETAIL STORE, FOR IMMEDIATE PURCHASE OR FOR IN-STORE DELIVERY.
COOLGREENANDSHADY.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY 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 COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY. IN NO EVENT WILL COOLGREENANDSHADY.COM BE LIABLE TO YOU FOR ANY SPECIAL, DIRECT, INDIRECT CONSEQUENTIAL, INCIDENTAL EXEMPLARY OR PUNITIVE DAMAGES, LOSSES, INJURY, COSTS OR EXPENSES OF ANY NATURE RELATED TO ANY PRODUCT.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING COOLGREENANDSHADY.COM 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 COOLGREENANDSHADY.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM COOLGREENANDSHADY.COM 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 COMPANY'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH COOLGREENANDSHADY.COM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TRADEMARKS
The following is a list of registered trademarks of the Company:
Cool Green & Shady®
The following is a list of trademarks and/or trade names of the Company:
Cool Green and Shady™
1-866-COOLGREEN™
keep it simple. keep it fresh.™
Life. With flowers.™
The very best in blooms.™
The absence of a trademark, trade name, or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and service names are trade names, trademarks or service marks of the Company. All other trade names, trademarks or service marks are property of their respective owners. The use of any Company trade name, trademark or service mark 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 .
PROPRIETARY RIGHTS
You acknowledge that COOLGREENANDSHADY.COM contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, site design, logos, icons, and other material (collectively "Content"), are the sole property of the Company and/or its suppliers. This Content is protected by international copyright laws, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under international copyright laws, and the Company owns a copyright in the selection, coordination, assembly, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may use the content only for your personal non-commercial use and make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence, you may not upload, post, reproduce, or distribute in any way the Content, in whole or in part, without first obtaining written permission from the Company or the respective owner. All rights not expressly granted herein are reserved.
You may not use COOLGREENANDSAHDY.COM to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are designated for such a purpose.
If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at .
DISTRIBUTION / UPLOADING OF THIRD PARTY CONTENT
Except as set forth in the section above entitled "Proprietary Rights," you may upload to or otherwise distribute on COOLGREENANDSHADY.COM only Content that is not subject to any copyright or other proprietary rights protection of any third party (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain notation of such. The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You, not the Company, nor its affiliates, nor any of its officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any user, you automatically grant, or warrant that the owner of such Content has expressly granted the Company the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, adapt, create derivative works from and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user to access, store, or reproduce the Content solely for that user's personal use. Subject to this grant, the owner of Content placed on COOLGREENANDSHADY.COM retains any and all rights which may exist in such Content.
PUBLIC AND PRIVATE COMMUNICATIONS
The Company does not screen public communications on the site by its users in advance. The Company is not responsible for your submissions or responses. Any product concept or ideas submitted by you to the Company will be considered public and nonproprietary. The Company will not be responsible for any claims to intellectual property if those concepts or ideas are used in promotions, marketing or product concepts. We welcome all comments and feedback ("Feedback"), which you submit to us through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of the Company. We shall be free to use Feedback on an unrestricted basis.
THE COMPANY'S RIGHTS
The Company may elect, but is not obligated, to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind and information you provide to the Site (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate this site; or (iii) to protect the rights or property of the Company, its users, Sponsors, Providers, Licensors, or Merchants. The Company is not responsible for screening, policing, editing, or monitoring such Content.
The Company reserves the right to prohibit or remove conduct, communication, or Content that it deems in its sole discretion to be harmful to customers, members, users, content or service providers the Company or its affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither the Company, nor its affiliates, nor any of its officers, directors, employees, or Agents, nor Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on COOLGREENANDSHADY.COM.
ONLINE CONDUCT
Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use COOLGREENANDSHADY.COM in accordance with these Terms of Use and only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other Content, or attempt to do any such acts. You agree that you will not misuse or abuse account access and passwords. You agree that you will use only your password and that you will take all reasonable precautions to protect its secrecy.
You agree that you will not use COOLGREENANDSHADY.COM to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose.
The provisions of these Terms of Use are for the benefit of the Company, its affiliates, its Providers, Merchants, Sponsors and Licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
RESTRICTIONS
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through the Site or to become a member.
TERMINATION OF USE
The Company may terminate your access, or suspend your access to all or part of the Site, and may remove any content on our Site you have provided, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of any applicable laws, violates or is inconsistent with these Terms of Use, or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, content or service provider, or the Company.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use or our Internet Privacy Statement, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms of Use or the Internet Privacy Statement could be subject to criminal or civil penalties.
INCOMING LINKS
Hyperlinks to COOLGREENANDSHADY.COM and any internal and underlying pages within the Site may not be created without first obtaining written permission from the Company.
OUTGOING LINKS AND SEARCH RESULTS
Our Site may link to third-party URLs. We have no control over other websites 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 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 another site. However, should you experience a problem with a link from our Site, please notify us at . We will investigate the link and take any action we deem appropriate, if any.
TYPOGRAPHICAL ERRORS
In the event that an item displayed 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 our suppliers, 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 for the full amount of the charge.
ORDER ACCEPTANCE
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. The Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order.
SPECIAL OFFERS AND PROMOTIONS
Special offers, coupons, or discounts cannot be used in conjunction with other offers. The Company may limit the number of promotion allowed per order. Please read the official rules that accompany each special offer, coupon and discount for specific details.
Sale items, prices and special offers shown on the site are only available through the site and do not necessarily represent sales items, prices or special offers available in any Cool Green & Shady retail store, for immediate purchase or for in-store delivery.
APPLICABLE LAWS
COOLGREENANDSHADY.COM is controlled by the Company from its offices within Toronto, Canada. The Company makes no representation that the Content in the Site is appropriate or available for use outside of Canada. Those who choose to access the Site from outside Canada do so on their own initiative and are responsible for compliance with applicable local laws. If any provision within the Terms of Use is held to be invalid or unenforceable in a specific local, such provision shall be struck and all remaining provisions shall be enforced. Any claim relating to the Site, the services provided through the Site, or the Content shall be governed by the laws of the Province of Ontario (Canada) and the federal laws of Canada applicable therein without regard to their conflict of law provisions and the exclusive venue and jurisdiction for all claims and disputes arising under the Terms of Use or in connection with the Site shall be the appropriate provincial or federal courts located in Toronto, Ontario (Canada) and you and we hereby irrevocably and unconditionally submit to the exclusive jurisdiction of these courts and all courts competent to hear appeals therefrom.
INDEMNITY
You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, officers, agents and other partners and employees, all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), alleging or resulting from your use (or use by any third party using your account) of the Site, including providing a link to another site or uploading any content to our Site.
INTERNET PRIVACY STATEMENT
We recognize and respect the importance of maintaining the privacy of our customers and members and have established a privacy statement as a result. Our Internet Privacy Statement outlines why we gather information from customers and members, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of information about you. Our current Internet Privacy Statement is available online and is incorporated herein by reference and made a part of the Terms of Use. We encourage you to carefully read our Internet Privacy Statement. You may review our Internet Privacy Statement by clicking here.
SATISFACTION GUARANTEE
To ensure your confidence in our products and customer service, COOLGREENANDSHADY.COM has created and outlined a Satisfaction Guarantee for our customers. Our current Satisfaction Guarantee is available online and is incorporated herein by reference and made a part of the Terms of Use. We encourage you to read our Satisfaction Guarantee. You may review our Satisfaction Guarantee by clicking here.
SHIPPING AND DELIVERY POLICY
COOLGREENANDSHADY.COM fulfills your orders for perishable goods (including, but not limited to, flowers, floral arrangements, plants, and fruits baskets) through a select group of florists throughout the world, including those within the Teleflora and FTD networks, and through Cool Green & Shady retail location(s). Hard good orders are shipped through national couriers from a warehouse location. Our Shipping and Delivery Policy is provided for you to determine what you can expect based on the recipient’s location and the time of year, and is available online and is incorporated herein by reference and made a part of the Terms of Use. You may review our Shipping and Delivery Policy by clicking here.
SUBSTITUTION POLICY
Occasionally, substitutions may be necessary to fulfill your order due to the unavailability of certain flowers, plants, or fruits in various parts of the world, or to ensure that your order is delivered in a timely manner. When substitution is necessary, the utmost care shall be taken to maintain the overall effect of the item illustrated on the Site. Our current Substitution Policy is available online and is incorporated herein by reference and made a part of the Terms of Use. You may review our Substitution Policy by clicking here.
MISCELLANEOUS
All rights not expressly granted are reserved to the Company. The headings used in these Terms of Use, the Internet Privacy Statement, the Substitution Policy, the Shipping and Delivery Policy, and the Satisfaction Guarantee (collectively "Terms and Conditions") are intended for convenience only, and shall not affect the construction and interpretation hereof or thereof. A party's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of such or any future provision or right. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of these Terms and Conditions, which shall remain in full force and effect. These Terms and Conditions constitute the entire agreement and understanding between the parties with respect to the subject matter contained herein and therein and supersedes and replaces any and all prior written or oral agreements related to the subject matter hereof.
ACKNOWLEDGMENT AND CHANGES
This Agreement represents the entire understanding between you and the Company regarding your relationship with the Company and the Site and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF CONDITIONS BY ACCESSING ANY AREAS OF THE COOLGREENANDSHADY.COM SITE.
We reserve the right to change the Terms and Conditions at any time. If we make any change to the Terms and Conditions, we will post those changes on their respective pages and they will become effective immediately upon posting, unless otherwise specified. By accessing COOLGREENANDSHADY.COM after changes are made to the Terms and Conditions and posted on the site, you agree to be legally bound and to abide by the amended terms.
HOW TO CONTACT US
If you have any comments or questions, please feel free to contact us. We can be reached by email at , or we may be contacted by mail at the following address:
Cool Green & Shady
Attn: Legal/Privacy Officer
601 Kingston Rd, Suite 105
Toronto, ON M4E 3Y2
Canada
Toll-free in North America:
1-866-COOLGREEN
(1-866-266-5473)
Other areas may call:
416-699-4004
-------------------------------------------------------------------------------------
Published: January 1, 2004
Last Updated: July 31, 2009
|