Disclaimers and Limitation of Liability
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.
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™
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 email@example.com
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 firstname.lastname@example.org
Distribution / Uploading of third part 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.
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.
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
Compliance With Laws
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 email@example.com. We will investigate the link and take any action we deem appropriate, if any.
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.
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.
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
At COOLGREENANDSHADY.COM, we recognize and respect the importance of maintaining the privacy of our customers and members. Our Internet Privacy Statement (“Statement”) has been created in order to demonstrate our firm commitment to protecting your privacy. Our Statement applies to the collection, use, disclosure and safeguarding of personal information you provide us on our Web site. We will never knowingly share this personal information with anyone, except as described in this Statement or as otherwise authorized or required by law. Our Statement describes why we gather information from customers and members, what information we collect, what we use the information for, and how you can limit the use of this information should you choose to.
Acknowledgement 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.
Occasionally, substitutions may be necessary to fulfill your Perishable Good order (including, but not limited to, flowers, floral arrangements, plants, and fruits baskets) due to the unavailability of certain flowers, plants, or fruits in various parts of the world. Our florist will use only the freshest flowers and produce, and will make these substitutions depending on seasonal and regional conditions. Substitutions may also be necessary 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, and only products of equal or greater value shall be used for substitution.
In arrangements of assorted flowers, the colors shown on the Site will be used if at all possible, even if this means substituting other kinds of flowers of equal or greater value. Our professional floral designers will recreate our designs based on their creative interpretation. The overall effect of the arrangement will remain the same, with our designers paying careful attention to overall shape, size, style and color combinations.
For single variety floral arrangements, such as all roses or all lilies, we will make every attempt to match the flower type, but may substitute with another color.
If the container shown online is not available, a similar container will be used of equal or greater value.
For green and blooming plants, planter baskets, and dish gardens, similar plants may be substituted of equal or greater value. Our professional floral designers will recreate our designs based on their creative interpretation. The overall effect of the arrangements will remain the same, with our designers paying careful attention to overall shape, size, style and color combinations.
For specific types of plants, such as violets, will make every attempt to match the plant type, but may substitute with another color.
If the container shown online is not available, a similar container will be used of equal or greater value.
Fruit and Gift Baskets
Fruits and Gift Basket items may be substituted to ensure your order is delivered in a timely manner. The utmost care shall be taken to maintain the overall effect of the item illustrated on the Site. For example, fruit baskets will remain fruit baskets, but could potentially include different fruits than those displayed on the Site. Only products of equal or greater value shall be used for substitution.
If the container shown online is not available, a similar container will be used of equal or greater value.
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). Please see Delivery and Service Rates, Delivery Areas, Delivery Dates, Delivery Times, Delivery Changes or Cancellation, and Delivery Confirmation for further information on how COOLGREENANDSHADY.COM delivers your perishable orders.
Please note: COOLGREENANDSHADY.COM will not be held responsible for any hard good or perishable deliveries delayed or lost due to incorrect delivery information being given. We may attempt to look up this information on the customer’s behalf, but will not be held liable should the delivery be delayed or lost due to this information being incorrect.
Hard good orders are shipped through national couriers from a warehouse location. A complete delivery address including postal code and a correct recipient contact telephone number must be provided at the time an order is placed. Delivery rates are calculate real-time based on the weight and size of the Hard Goods ordered, the destination, and the courier and service selected on the Site. COOLGREENANDSHADY.COM makes no warranty, representation, guarantee or condition respecting any delivery service selected or the rates offered, whether express or implied, statutory or otherwise. If the delivery rate is incorrectly calculated on the Site, the customer will be informed of any additional charges to the order and given the opportunity to cancel the order prior to its acceptance by COOLGREENANDSHADY.COM.
We do not offer same-day delivery on hard good products specific to our Site, and only offer delivery to regions accessible by the national couriers currently partnered with the Company (i.e. UPS/FedEx).
Delivery dates, and the speed at which deliveries arrive are based upon the shipping schedule selected by the customer during the order process on our Site. Most national couriers do not telephone prior to delivering packages and do not guarantee the time of delivery unless a specific schedule is paid for as a premium. COOLGREENANDSHADY.COM makes no warranty, representation, guarantee or condition respecting any third-party delivery service or the speed at which third-party deliveries arrive, whether express or implied, statutory or otherwise. Third-party delivery claims regarding delivery schedules must be addressed with the third-party directly.
Delivery and Service Rates of Perishable Goods
Due to the difference in currency exchange rates, the price of an arrangement may fluctuate based on the destination country for your order.
COOLGREENANDSHADY.COM calculates the delivery fee based on the recipients postal code for each Perishable Good item ordered. Some deliveries to rural areas may also be subject to extra delivery fees. In these situations, the customer will be informed of any additional charges to the order and given the opportunity to cancel the order prior to its acceptance by COOLGREENANDSHADY.COM.
COOLGREENANDSHADY.COM can deliver Perishable Good orders to most of the Canada, United States and to more than 150 countries across the globe.
Delivery to some remote rural areas may not be possible. All deliveries are subject to regional availability of product, and occasionally, substitutions may be necessary to fulfill your order. Our current Substitution Policy is available online here Substitution Policy.
Most orders received before 1:30 PM in the recipient’s time zone, destined for the United States or Canada during non-holiday periods, can be delivered the same day. COOLGREENANDSHADY.COM must confirm all same day orders prior to order acceptance, as delivery to rural areas may not be possible on the same day. To avoid disappointment on any delivery, we suggest that you order as far in advance as possible. Please review the following schedules for details:
Monday to Friday – Most orders received before 1:30 PM in the recipient’s time zone can be delivered the same day. Orders received after 1:30 PM in the recipient’s time zone will be delivered the following day.
Saturdays – Most orders received before 1:30 PM in the recipient’s time zone can be delivered the same day. Orders received after 1:30 PM in the recipient’s time zone may not be delivered until Monday (see “Sundays” below).
Sundays – We will do our best to accommodate deliveries on Sunday, however, Sunday deliveries cannot be guaranteed. In the event that a delivery cannot be accomplished on Sunday, the delivery will be made the following day.
Due to the volume of orders we process leading up to the major holidays, it is sometimes not possible to offer same day or timed deliveries. These holidays include; Valentine’s Day, Easter, Mother’s Day, Thanksgiving and Christmas. In order to avoid disappointment, we suggest that you order early and choose a delivery date a few days before the actual holiday.
We will do our best to accommodate deliveries at specific times of day, including deliveries to businesses and funeral homes, but we cannot guarantee it.
We suggest that you order several days in advance of the required delivery date to help allow for the necessary preparations involved in timed deliveries, however, the timed delivery will still not be guaranteed. Please be very clear of the time that the delivery needs to be delivered by, so there is no misunderstanding.
Delivery Changes or Cancellation
Please be advised that we are unable to change or cancel any orders presently en route to delivery, or that have already been delivered.
If you find it necessary to change or cancel an order, please contact us as soon as possible by phone at 416.699.4004/1.866.COOLGREEN (1.866.266.5473).
COOLGREENANDSHADY.COM does not provide notification or confirmation regarding your hard good or perishable deliveries. You may contact us by phone at 416.699.4004/1.866.COOLGREEN (1.866.266.5473) to check on your order status.
Claims of Perishable Goods
The Company’s sole maximum liability and obligation for delivery claims will not be more than to (i) deliver or redeliver the Perishable Good as soon as reasonably possible, or; (ii) refund the purchase price. All claims with regards to the non-delivery of orders or a missed delivery date must be made to COOLGREENANDSHADY.COM within forty-eight (48) hours of the expected delivery date, or the company shall not be liable and you will have waived any and all related claims regarding such perishable and/or hard goods. Please refer to our Satisfaction Guarantee for concerns regarding the quality of a Perishable Good. To arrange for a claim, simply email us at firstname.lastname@example.org, or phone us at contact us as soon as possible by phone at 416.699.4004/1.866.COOLGREEN (1.866.266.5473) so we may discuss the reason for the claim.
Claims on orders delivered by national couriers regarding damaged goods must be made to COOLGREENANDSHADY.COM within forty-eight (48) hours of delivery, and the recipient must retain all of the packaging material and damaged product. To arrange for a claim, simply email us at email@example.com, or phone us at COOLGREENANDSHADY.COM. You may contact us by phone at 416.699.4004/1.866.COOLGREEN (1.866.266.5473) to check on your order status, or so we may discuss a reason for a claim.
Limitation of Liability
COOLGREENANDSHADY.COM will not be held responsible for recipient refused orders. If a recipient refuses a Perishable Good order, the customer will be responsible for payment in full. If a recipient refuses a Hard Good order, the customer will be responsible for any and all shipping and return shipping fees. A refund will be issued for the returned Hard Good products.
In cases where a delivery is accepted on behalf of the recipient, COOLGREENANDSHADY.COM will not be held responsible for delayed or lost deliveries. This includes, but is not limited to, deliveries to hotels, motels, bed and breakfasts, hospitals, funeral homes, offices or other places of business, schools, rented properties and/or condo/apartment buildings where deliveries may be received by reception, concierge, the establishment’s staff or other household members. This also applies to deliveries wherein the sender has requested that the delivery be left outside a residence or be left otherwise unattended.
COOLGREENANDSHADY.COM will not be held responsible for: (i) orders delivered to incorrect addresses supplied by the sender; (ii) unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the customer; (iii) decreased order quality due to an incorrect delivery address supplied by the sender, or any type of re-route requested by the sender; (iv) order quality problems where delivery is delayed due to the sender requiring a signature upon delivery.
We are proud of our simple and hassle-free Satisfaction Guarantee. The terms of our Satisfaction Guarantee are specific to the type of Goods, (either Perishable or Hard), as outlined below.
Should you have any questions regarding our Satisfaction Guarantee, please feel free to contact us by email firstname.lastname@example.org, or by phone at 416.699.4004/1.866.COOLGREEN (1.866.266.5473).
If, for any reason relating to the freshness of a Perishable Good, you are less than 100% satisfied, COOLGREENANDSHADY.COM will arrange for the re-delivery of your order. Concerns regarding the quality of a Perishable Good order must be brought to our attention within five (5) days after delivery of the product. In some cases, it may be necessary to provide the original product in exchange for the new delivery.
Perishable Goods include most items that have been fulfilled through our select group of florists. This includes, but is not limited to, flowers, floral arrangements, plants, and fruit baskets.
To arrange for a Perishable Goods claim, simply email us at email@example.com, or phone us at 416.699.4004/1.866.COOLGREEN (1.866.266.5473), so we may discuss the reason for the claim.
If, for any reason, you are less than 100% satisfied with a Hard Good, you may return the product for a refund, credit, or exchange of the purchase price within thirty (30) days after delivery as long as the product is in its original re-saleable condition. If a refund is requested, the refund will be issued to the purchaser’s credit card within 30 days of receipt and inspection of the item. If a credit is requested, the credit will be issued in the form of a gift certificate within 30 days of receipt and inspection of the item. If the item was received as a gift, the gift recipient may return the item for a credit or exchange, under the same guidelines as the purchaser. We are unable to issue refunds to gift recipients. Shipping fees and/or any costs associated with third party delivery services are non-refundable.
Hard Goods include most items that have been shipped by a national courier. This includes, but is not limited to, items such as candle holders, torches, and books.
To arrange for a Hard Goods claim, simply email us at firstname.lastname@example.org, or phone us at 416.699.4004/1.866.COOLGREEN (1.866.266.5473) so we may discuss the reason for the claim. We will mail you a merchandise return label which may be affixed to the outside of the package for the product being returned. Please make sure the box is securely wrapped. You may then take the package to the nearest post office. COOLGREENANDSHADY.COM will pay the freight; there is no shipping charge to you for the return.
Product returns should be addressed to:
Cool Green & Shady
Attn: Return Department
105-601 Kingston Rd.
Toronto, ON M4E 3Y2
Limitation of Liability
Except for this limited warranty, COOLGREENANDSHADY.COM makes no warranty, representation, guarantee or condition respecting any new product, whether express or implied, statutory or otherwise including without limitation, warranties of merchantability, fitness for purpose and any such warranty, representation, guarantee or condition is excluded. The Company’s sole maximum liability for satisfaction claims will not be more than to (i) replace and redeliver an equivalent Perishable Good as soon as reasonably possible, or; (ii) refund the purchase price or to replace and redeliver an equivalent Hard Good as soon as reasonably possible. Claims under this guarantee must be brought within seven (7) days after delivery of Perishable Goods or thirty (30) days after delivery of Hard Goods, or the Company shall not be liable and you will have waived any and all related claims regarding such Perishable and/or Hard Goods.
Our Site encrypts your credit card information prior to transmission over the internet using 128 bit, secure socket layer (SSL) encryption technology. This technology works best when the Site is viewed using Internet Explorer, Chrome or Firefox. Our site also has security measures in place to protect the loss, misuse and alteration of the information under our control. We use industry-standard security protocols, such as (if and where appropriate) firewalls, and place restrictions on which employees can access member data. Furthermore, all of the customer information we collect is protected against unauthorized access by physical security means. We also encourage our partners and service providers to adopt and follow stringent privacy policies.
As a customer, you also play an important role in maintaining the privacy of your information. When you become a member of our Site, you are required to create an account password. We recommend using a combination of letters and numbers to provide the best security possible. This password should be protected at all costs and never shared with anyone! We also encourage you to change your password frequently as an additional security measure. Changes to your password may be performed through the [My Account > Change My Password] area of the Site.
Notwithstanding these efforts, we caution you that “perfect security” does not exist on the internet. No transmission of data over the internet or any other public network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard your personal information once we receive it, we cannot warrant the security of information you transmit to us.
A Special Note About Children
We do not knowingly solicit data from children, nor do we knowingly market to children. 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.
Why We Collect Information
COOLGREENANDSHADY.COM gathers information in order to process your orders, provide you with a pleasurable shopping experience, to inform you of special offers and discounts, to improve our services and the Site, and to otherwise analyze and understand our business. Our Site collects two types of information about its visitors: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from our customers and members is to provide you with a consistently enjoyable, efficient and customized experience while using our Site.
Personally Identifiable Information
Non-Personally Identifiable Information
Non-Personally Identifiable Information refers to information that does not by itself identify a specific individual. This information may include the website’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, the pages of our Site that you viewed during your visit, what browser you are using, and your Internet Protocol (“IP”) address. Non-Personally Identifiable Information is gathered throughout the duration of your stay at our Site. This information is compiled and analyzed on both a personal and an aggregated basis. For example, we may perform statistical analyses of aggregate customer behavior to measure relative customer interest in the various areas of our Site for product development purposes. We also use this information to trace false orders.
Our Site utilizes two common technologies called cookies and clear GIFs to collect information about how our Site is used.
Clear GIFs (also known as pixel tags, single pixel GIFs, web beacons or action tags) are used to help us measure the effectiveness of our website, advertisements, and HTML-based emails. Clear GIFs allow us to better manage content on our Site by informing us of what content is effective. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of our users. Clear GIFs are not tied to your Personally Identifiable Information.
Disclosure of Information
We will disclose your Personally Identifiable Information to third parties to fill your order, for tracking purposes, to deliver your order, to charge your credit card, and to deliver promotional emails to you from us. These third parties may not use your Personally Identifiable Information other than to provide the services requested by COOLGREENANDSHADY.COM. For example, we must release your credit card number to confirm payment, and release your mailing address information to the delivery service to deliver products that you ordered.
From time to time we may disclose a limited amount of Personally Identifiable Information to direct marketing companies for trade or rental purposes. You may opt-in or opt-out to the distribution of such information to third parties by updating your preferences within the [My Account > Edit My Profile] area of our Site. A Successor to our business is not to be considered to be a third party for these purposes. It should be noted that these preferences default to “no” when you initially become a member.
We may allow a potential acquirer or merger partner to review our databases, although we would restrict their use and disclosure of this data during the diligence phase. In the event of a merger, consolidation, or sale or transfer of all or substantially all of the assets or business of COOLGREENANDSHADY.COM (a “Successor”), one of the assets which would be transferred is the information we collect from our customers and members. However, the use of this information by any Successor would still be governed by the terms of this Statement, as amended from time to time, including any amendment after such transaction, and you will continue to have the right to opt-out of sharing your information with third parties.
RECIPIENT REQUESTS: From time to time we are contacted by gift recipients who ask us who the sender was. If we receive a request from a recipient asking who sent the gift we will give the name on the gift message accompanying the delivery. If there is no gift message filled out or if there is no name on the gift message we may ask permission from the sender via email. If we receive approval to disclose the sender’s name from the sender via email or in writing, we will then inform the recipient. If the sender does not reply via email or in writing or if the sender denies permission, then we will not reveal the sender’s identity to the recipient.
ENFORCEMENT OF LAW: From time to time, we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
How to Limit the Use of Your Information
If you have purchased or become a member of our Site and chosen to receive emails from us, we may occasionally update you via email of special offers and discounts. You can choose to be removed from our mailing lists at any time by editing your profile, or by following the unsubscribe instructions in any email you receive from us.
Please note that your instructions will not apply to order status and confirmation emails, and that such emails may also contain promotional items and offers. Your instructions to limit the use of your information will be processed as soon as reasonably practicable.
Third Party Links
COOLGREENANDSHADY.COM wants you to be aware that when you click on links and/or banners that take you to third-party websites, you will be subject to the third parties’ privacy policies, not ours. While we support the protection of privacy on the Internet, we cannot be responsible for the actions of third parties. We encourage you to read the posted privacy statement and user terms and conditions whenever interacting with, and prior to providing any personal information to, any other website.
Consent and Changes to this Statement