Last Updated: March 15, 2021
By using Site in any manner, including but not limited to visiting or navigating any part of FortLauderdaleFlorist.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 DGM Flowers. Different sections of the Agreement may affect users different 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. Membership Eligibility
Registration for membership at the Site is subject to the following additional terms and conditions:
Age: DGM Flowers 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. We may, in our sole discretion, refuse to offer access to or use of DGM Flowers 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 DGM Flowers 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 DGM Flowers 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 DGM Flowers 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 DGM Flowers 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 DGM Flowers. 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 DGM Flowers, each of which is incorporated herein by reference and each of which may be updated by DGM Flowers from time to time without notice to you:
3. 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, DGM Flowers may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. DGM Flowers 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, DGM Flowers will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. DGM Flowers 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. DGM Flowers 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. DGM Flowers 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 DGM Flowers (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.
DGM Flowers reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. DGM Flowers will attempt to notify you should such limits be applied. DGM Flowers also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.
B. Pricing Information; Availability
DGM Flowers cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Sites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product.
DGM Flowers 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 DGM Flowers. DGM Flowers 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. DGM Flowers 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.
5. 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 DGM Flowers, nothing in this Agreement gives you a right to use any of DGM Flowers’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features.
6. Information Control
DGM Flowers 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 DGM Flowers and its officers, directors, agents, subsidiaries, joint ventures, employees, suppliers, licensors and representatives (collectively, DGM Flowers’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: DGM Flowers 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.
7. Resolution of Disputes and Release
In the event a dispute arises between a user and DGM Flowers, the user should contact DGM Flowers at [email protected] to assess the possibility of informal resolution.
8. DGM Flowers’s Intellectual Property
DGM Flowers, and other DGM Flowers graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of DGM Flowers & Events LLC. in the U.S. and/or other countries. DGM Flowers’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.
9. 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 DGM Flowers 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 DGM Flowers;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 DGM Flowers 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, DGM Flowers may, without notice, and without refunding any fees, delay or immediately remove Content, warn DGM Flowers’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 DGM Flowers, and take technical and legal steps to keep a user off DGM Flowers 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 DGM Flowers’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 DGM Flowers’s users or to DGM Flowers itself.
12. No Warranty
DGM FLOWERS 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 DGM FLOWERS 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. DGM FLOWERS 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 DGM FLOWERS 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.
13. Liability Limitation
DGM FLOWERS 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 DGM FLOWERS 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 DGM FLOWERS. 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 DGM Flowers 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, DGM Flowers 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.
DGM Flowers does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
DGM Flowers does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
DGM Flowers 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 DGM FLOWERS 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 DGM FLOWERS AND/OR ITS AFFILIATES ARISING FROM OR RELATED TO YOUR ACTIVITIES OR CONDUCT ON OR THROUGH THE SITE.
15. Access and Data Integrity
DGM Flowers does not guarantee continuous, uninterrupted access to the Site. Although DGM Flowers 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 DGM Flowers’s knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform DGM Flowers by e-mailing us at [email protected]
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.
17. DGM Flowers Service
DGM Flowers 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. DGM Flowers reserves the right to alter this Agreement or other DGM Flowers policies at any time, so please review the policies frequently.
DGM Flowers 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, DGM Flowers 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.
19. No Waiver
You agree that if DGM Flowers 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 DGM Flowers’s rights, and as such, those rights or remedies will still be available to DGM Flowers. Nothing in this Agreement shall prevent DGM Flowers from complying with the law and these terms do not confer any third party beneficiary rights.
Except as explicitly stated otherwise, any notices to DGM Flowers shall be sent via postal mail to DGM Flowers, 1080 NE 43rd Street, Fort Lauderdale, FL 33334 and any notices to users (in the case of DGM Flowers) shall be sent to the email address you have provided to DGM Flowers. 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, DGM Flowers may elect, at its own discretion, to deliver notice by certified mail, to the address you provided to DGM Flowers. 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 DGM Flowers’s Copyright and Intellectual Property Policy.
The services hereunder are offered by DGM Flowers & Events, LLC. located at 1080 NE 43rd Street, Oakland Park, FL 33334.
If you have any questions about this Agreement, please contact [email protected].