Terms And Conditions

Last updated July 8, 2024

Introduction

These are the terms of use (“Terms of Use”) for your use of services of features on the sites owned by Farmgirl Flowers, Inc, (“Farmgirl Flowers”), including farmgirlflowers.com (“the Sites”) and/or its affiliates and subsidiaries ("Farmgirl," “ FGF,” "we," us," "our") for your personal, non-commercial enjoyment, subject to the terms and conditions of use set forth here and all modifications thereto (the "Terms"), and the rules that may be revised by Farmgirl Flowers. We may add additional sites from time to time as we expand our product offerings. These Terms of Use will govern any new site at such time as they are launched.

These Terms of Use govern your use of the Sites and your conduct on the Sites whether you are accessing the Sites through computer, tablet, mobile phone or another device or application.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com/farmgirlflowers, www.instagram.com/farmgirlflowers, www.tiktok.com/@farmgirl_flowers, www.pinterest.com/farmgirlflowers, www.linkedin.com/farmgirl-flowers, and www.youtube.com/@farmgirlflowers, ("Third Party Sites"). Our Terms of Use and other areas of our Sites may provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with the Community, including services that involve Third Party Sites, but Farmgirl Flowers does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Sephora does not own or control, or to the actions of people that Farmgirl Flowers does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Farmgirl Flowers reserves the right to change or modify any of the terms and conditions contained in the Terms of Use from time to time, at any time, without notice, and in its sole discretion. If Farmgirl Flowers decides to change these Terms of Use, Farmgirl Flowers will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and your participation in the Community.

The short and sweet: when you use our Sites, you agree to our rules. And since they’re our Sites and our rules, we can change them whenever we want.

Description of Services

Farmgirl Flowers, via the Sites, provides users with the ability to purchase flower arrangements, plants, and gift products and services (“Goods,” and “Services”) at a flat rate.

Shipping And Delivery Terms & Conditions

We ship our hand-tied bouquets, shippable vases, single variety arrangements, plants and gifts to recipients all over the contiguous United States (that includes all U.S. states except for Alaska and Hawaii).

We work with national and regional carriers to ship our arrangements Monday through Friday from fulfillment partners all over the United States and South America and deliver them safely to the address provided by you at the time of order placement.

Please note: our shipping and delivery partners cannot deliver to P.O. Boxes or hospitals.

Farmgirl Flowers cannot accept shipping notes or delivery instructions (such as gate codes, where to leave the box, etc.) on behalf of our shipping partners.

Farmgirl Flowers cannot guarantee that the delivery partner used to ship and deliver your order will knock or ring the doorbell upon delivery. Protocols and processes vary from carrier to carrier and are beyond our control. Please contact the shipping and delivery partner directly to discuss their policies and how to submit delivery instructions once your package has shipped. We also recommend notifying your recipient once an order has been delivered so it can be received and unboxed in a timely manner.

Here is a list of our current shipping partners, which is subject to change at any time:

• UPS
• FedEx
• GLS
• Hungry

We leverage different shipping methods and speeds for all orders to ensure your flowers and/or plants are received in the best quality possible and are ready to be enjoyed by you or your recipient.

Your fresh flowers go through quite a journey prior to being delivered. After leaving one of our fulfillment facilities your flowers may travel on several trucks and planes and through a distribution center/network distribution centers across the country before reaching you or your recipient. There are many people working hard at each point in your package’s journey, as well as many costs associated with transporting each package from fulfillment to delivery points. These factors all contribute to the cost of every delivery which, we know, can be expensive. That said, it is incredible to think that the cost of this network is only a fraction of the cost of the plane ticket or gasoline that would be needed to cover the same distance as many of our orders.

For recipients in an apartment or office building, our delivery partners will most often leave your arrangement at the front office, front desk, or mailroom for your recipient to retrieve. Your recipient will not be contacted by the delivery driver or a member of the Farmgirl Flowers team. Additionally, due to changes in protocols during the COVID-19 pandemic, our shipping partners will not ring the doorbell or knock on the door of the residence to notify the recipient of delivery.

Because we work with national third party shipping companies we cannot guarantee shipping/delivery times or delivery dates. If you are ordering for a time sensitive event we recommend selecting a delivery date one day prior to the day the flowers are needed.

Before peak flower seasons and/or major holidays (Mother’s Day, Valentine’s Day, Thanksgiving, Christmas), we recommend placing your orders as early as possible to allow you the widest selection of bouquets and delivery dates. Our holiday collections generally launch between three and six weeks prior to the holiday and are shoppable as soon as they’re live on farmgirlflowers.com. Additionally, to prevent any weather or operational delays from derailing your order from arriving in time for the holiday, we recommend choosing a delivery date between two and three days prior to Thanksgiving, Christmas, Valentine’s Day or Mother’s Day.

Farmgirl Flowers does not assume responsibility for shipping delays, mechanical failures of delivery trucks or airplanes, weather conditions, or any other shipping issue or delay once your arrangement leaves our fulfillment facility. Please note that we do not provide any refunds or redeliveries for delivery-related delays and damages included, not limited to: package loss, damage, shipping delay, or theft. To protect your shipment we strongly advise you purchase the Route Package Protection service offered at checkout. For customers who opt-out of Route Package Protection, we are unable to provide any refunds or redeliveries for delivery-related delays and damages included, not limited to: package loss, damage, shipping delay, or theft.

When you purchase Route Package Protection during checkout your package is insured from loss, damage, shipping delays, and theft.

You can report an issue with your Farmgirl Flowers order to Route:

1. directly through their mobile app (iOS or Android);
2. through the email you receive from Route after placing your order;
3. or by going to claims.route.com.

The Route team is ready to assist you with any questions you may have. Please note: you will be required to provide adequate photo evidence of the issue you’re submitting a claim for. Without photos or other supporting information, your claim may be denied. Take a picture of the damaged flowers, plant, or gift upon delivery using your smartphone or digital camera and submit to the Route Team when requested.

Farmgirl Flowers will not be responsible for the handling of any claims filed with Route Parcel Protection.

You can learn more about Route Package Protection here and more about our Refunds and Redelivery Policy here.

Extreme Weather Impacts

Extreme weather conditions (e.g. very hot or cold conditions) may impact the quality of your arrangement upon arrival, especially if your order is exposed to harsh conditions while on a delivery truck or airplane, or left outside of a house once delivered for a prolonged period of time. We strongly recommend you notify your recipient of the arrangement’s arrival when you receive your delivery confirmation.

Additionally, extreme weather conditions or natural disasters such as, but not limited to, hurricanes, tornadoes, heavy rains or storms, earthquakes, mass power outages, or other may result in the delay of your shipment through our shipping and delivery partners. Farmgirl Flowers is not responsible for shipping delays due to natural disasters or other weather conditions and will not provide a refund in the event that the arrival of your arrangement is delayed. We highly recommend insuring your Farmgirl Flowers order by adding Route Package Protection to your order in the event that a delay, loss, or damage occurs during shipping. For more information on insuring your shipment with Route, review our Refunds and Redelivery Policy here.

Order Corrections or Changes

After submitting an order on farmgirlflowers.com there may be only a narrow window to make any changes to that order. In instances where the order is placed on or very close to the day of shipping, there may be no time to make changes to your order once it is placed.

For orders placed during peak times (February, May, November, and December), order changes cannot be made within seven (7) business days of your selected delivery date.

For orders outside of these listed peak times, order changes cannot be made within three (3) business days of your selected delivery date.

Order changes consist of, but are not limited to:

• Recipient name or phone number
• Shipping address
• Billing address
• Card message additions, removals, or edits
• Product changes, additions, or removals
• Selected delivery date
• Order cancellation

Video Messages

Personalized Video Messages cannot be added or removed at any point once you’ve placed your order.

Please carefully review this selection during checkout as we cannot change your personalized video message selection once you’ve submitted your order.

Incorrect Addresses & Address Verification

Farmgirl Flowers is not responsible for incorrect addresses entered on your order. For any order that was unable to be delivered due to an incorrect address, missing piece of an address, or another address related issue caused by entry at farmgirlflowers.com, we cannot refund or redeliver the order. You are responsible for submitting the correct shipping information and reviewing it carefully prior to submitting your order.

Farmgirl Flowers offers free address verification software within checkout that validates your entered address. For any incorrect address or address that cannot be validated, you are required to acknowledge the following prior to completing your order 1) that the address was not able to be verified and 2) that you are responsible for any misdelivered or inability to be delivered shipments as a result of the unverified address. We recommend you review your shipping address carefully and only submit address information that is able to be validated. Please note: P.O. boxes are not accepted.

Orders where the customer has incorrectly entered the shipping address and/or the package has been delayed by circumstances out of the carrier's control (weather, natural disaster, etc.) are not eligible for a refund.

Terms of Sale

By placing an order on Farmgirlflowers.com, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges, or shipping fees) and agree to the terms, restrictions, and conditions of the purchase as of the time you submitted the order. Unless you and Farmgirl Flowers have agreed to an alternate billing arrangement in writing signed by Farmgirl Flowers, we will automatically process payment via the payment method provided at checkout as part of the order process for the total price provided at checkout. After placing your order, you will receive an order confirmation email with your order details, plus order status update emails as your order moves through processing and is finally delivered.

All purchases are non-refundable.

You are required to create an account in order to access your order history and supporting information from Farmgirl Flowers. An account is required so we can collect information to allow you with easy access to view and print your receipts, view your past purchases, modify your shipping and billing preferences (prior to the order change cutoff times mentioned in the sections above) and access account credits (if applicable).

For orders paid via invoice or PO, without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.

Discounts & Promotions

Farmgirl Flowers has the right to offer discounts and promotional offers across any product offering, pairing, order total, or incentives at any time. Please read the official rules that accompany each promotional offer, discount code, giveaway, or sweepstakes as they are communicated to you, which may include email communication, SMS/MMS text messages, directly on our website, a partner’s website, social media posts or accounts, or any other location - virtually or in person. Promotions are available for a limited time only. Farmgirl Flowers reserves the right to change, cancel, deactivate or delete any or all promotions at any time, for any reason, at our discretion.

Discounts and promotional offers guidelines and rules include but are not limited to the following:

• Discount codes cannot be combined with other offers
• Only one promotional or discount code can be used per order
• Unless explicitly stated, offers cannot be used for items that are already discounted including “marked down” or discounted products, products with free shipping/Free Ship Shop products, or products that are deemed not discountable
• Discount codes cannot be used on the purchase of eGift Cards
• Discounts and promotional offers cannot be applied to previously placed orders or credited toward a future order
• In certain circumstances, Farmgirl Flowers may honor a retroactive promotion only for orders that have not yet shipped at the customer's request but has the right to refuse this accommodation at our discretion
• Discounts and promotional offers are not redeemable for cash or credit
• Some offers may be limited to one per customer. Please refer to the official rules for the promotion of interest, respectively
• Valid through dates specified on promotion or discount terms

Farmgirl Flowers has the right to mark-down the selling price of any product on our website(s), at any time, without notice to the public. Products on sale or marked down cannot be discounted further by use of a discount code and will be ineligible for any additional promotions or offers. For any orders that were placed before a promotion was activated, during a promotional period but you forgot to apply the discount, or other, we cannot retroactively apply any discounts or refund the difference.

Sales Tax

Sales taxes are not included in the price of the products. We will automatically charge and withhold the applicable sales tax for orders placed through our website(s) based on the shipping address city and state. Taxes calculated may include state tax, city taxes, county taxes, etc.

Vase and Add-On Substitution Policy

Farmgirl Flowers often offers vases and add-on products represented in the photos on our site as a pairing or extra gift to purchase in your flower order. For products that are sold with a vase as part of the arrangement and photographed on our website, Farmgirl Flowers has the right to substitute the vase with an alternative color or size in the event that we are unable to use the specific vases. Vase substitutions are able to be made at our discretion and are not eligible for refunds if substituted.

Add-on products are additional items available for purchase that you can add to your order at an additional cost that we will send with your order. Add-ons include, but are not limited to: candles, cookies, and candies such as gummies. In the event that we are unable to include your selected add-on product, we will substitute the product with a similar size and of equal or greater value. Substitutions are made at our discretion and are not eligible for refunds.

Payment Options

Farmgirl Flowers uses industry leading security technology to ensure that your order, personal information, and payment details are safe and secure. Please read our Privacy Policy for more information.

Farmgirl Flowers accepts Visa, MasterCard, Discover, American Express, PayPal, Apple Pay, and Google Pay. All orders are subject to sales tax respective to the delivery location state and city. You will have an opportunity to review this amount before submitting your order.

Refunds & Redeliveries

Farmgirl Flowers evaluates every customer inquiry, request, compliant, or other on a case by case basis and has the right to deny the request for a full or partial refund or redelivery due to, but not limited to, shipping delays, quality issues, product misinterpretation, inadequate proof of issue being reported, or other. Due to the highly perishable nature of our product, we do not accept returns.

For customers who have added Route Package Protection to their order, your package is insured from loss, damage, shipping delays, and theft. You can report an issue with your Farmgirl Flowers order to Route directly through their mobile app (iOS or Android), through the email you receive from Route after placing your order, or by going to claims.route.com. Their team is ready to assist you with any questions you may have. Please note: you will be required to provide adequate photo evidence of the issue you’re submitting a claim for. Without photos or other supporting information, your claim may be denied.

For customers who chose to opt-out of insuring their order via Route Package Protection, we are unable to provide any refunds or redeliveries of your order for damage caused by a late delivery. We highly recommend insuring your Farmgirl Flowers order by adding Route’s Package Protection to your order in the event that a delay, loss, or damage occurs during shipping.

All sales are final and, unless you’ve purchased Route Package Protection, or experience quality issues not caused by delivery or circumstances outside of our control, are not eligible for refunds or redeliveries.

For quality issues not impacted by shipping delays, extreme weather conditions, natural disasters, or other issues outside of our control, please contact us within 5 days of the delivery date for assistance. Please note, Farmgirl Flowers has the right to refuse a refund or redelivery at our discretion and do not accept returns under any circumstances. Any inquiries received after 5 days will not be considered for a redelivery.

For additional detail, please review our Refunds and Redelivery Policy.

Gift Cards and Account Credit

Farmgirl Flowers gift cards are purchased on our Site and delivered to the recipient digitally via email. The gift card amount purchased will be issued as an account credit to the recipient’s email address provided during checkout. Physical gift cards are not issued.

Farmgirl Flowers is not responsible for any gift card or account credit that is lost, delivered to an incorrect or invalid email address, or if the gift card or account credit is used without your permission. There are a variety of gift certificate scams that request payment by gift certificate. Farmgirl Flowers is not responsible for, and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any gift certificate. Please treat your gift certificate like cash and safeguard both it and access to your Farmgirl Flowers account accordingly.

Farmgirl Flowers reserves the right to refuse to accept gift certificates that Farmgirl Flowers believes or suspects were obtained fraudulently. Farmgirl Flowers reserves the right to require additional verification of your identity, gift certificate or account ownership, or provision of an additional payment instrument, before you are able to apply a gift certificate or account credit to your account or to make a Farmgirl Flowers purchase.

We reserve the right to change these terms and conditions without notice from time to time and at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

For Farmgirl Flowers orders placed using either a Farmgirl Flowers gift card or account credit, any and all applicable refunds will be issued via the original method of payment and be issued back as either a gift card or to your Farmgirl Flowers account as account credit. Refunds will not be refunded in the form of cash or other method of payment. If a second method of payment was used to pay the balance of an order (i.e. the account credit didn’t cover the entire balance of the order), any and all remaining amount will be issued back to the secondary original form of payment.

Use of Farmgirl Flowers Gift Certificate Or Account Credit In Violation Of These Terms and Conditions

To use your gift card or account credit, sign into your Farmgirl Flowers account with the email address your account credit was issued to and the value will automatically be applied at checkout.

To view your gift card or account credit balance, sign into your Farmgirl Flowers account, access “My Account” and select the “Account Credit” tab. Account credits do not expire and can be used immediately upon issuance.

By using a gift certificate or account credit, you agree to comply with these terms and conditions, and not to use a gift certificate in any manner that is misleading, deceptive, unfair, or otherwise harmful to Farmgirl Flowers, its affiliates, or its customers. We reserve the right, without notice to you, to void gift certificates (including as a component of your Farmgirl Flowers account credit) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a gift certificate or account credit is obtained, used, or applied to a Farmgirl Flowers account (or your Farmgirl Flowers credit is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions. Gift certificates or account credits hold no cash value and will not be refunded if unused or removed from your account.

Limitation of Liability

To the full extent permissible by law, we make no warranties, express or implied, with respect to gift cards or your farmgirlflowers.com balance, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. To the full extent permissible by law, in the event a gift card is non-functional, your sole remedy, and our sole liability, will be the replacement of that gift certificate.

User Account and Profile

You will need to create an account with Farmgirl Flowers in order to view order history, access account credits, save addresses, save payment methods, and more.

If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up to date if/when it changes.

When you register, you will create unique login credentials (a “User ID”) which will be the email address of your choice. Only one email address is allowed per Farmgirl Flowers account.

Access to the Farmgirl Flowers Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities who’s privilege to access the Site or use the Services has previously been terminated by Farmgirl Flowers may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

Farmgirl Flowers relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that has been issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

If you register for a Farmgirl Flowers account, the following pieces of information will only be accessible and visible by you:

• Saved Payment Methods
• Used Payment Methods
• Your password

The following pieces of information will be accessible by both you and Farmgirl Flowers employees:

• Your Name and Username
• Open Orders, Order History, Recurring Orders
• Account Credits
• Saved Addresses

Farmgirl Flowers will not sell your personal information or grant accessibility to anyone outside of internal Farmgirl Flowers employees or contractors.

Intellectual Property

Farmgirlflowers.com is owned and operated by us and is 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 ALL RIGHTS RESERVED.

“Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, audio and video clips, and software appearing on or offered on our Site, as well as the selection, assembly and arrangement thereof, and includes our current and future products and services, our Affiliate Program(s) and corporate accounts, the ability to order products and services and receive newsletters and promotional emails. Unless otherwise specified, all Site Content is the sole property of Farmgirl Flowers, Inc. All Site Content is protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.

Restrictions On Use of Material

Only if you obtain prior written consent from Farmgirl Flowers, and from all other entities with an interest in the relevant intellectual property – may you publish, display, or commercially exploit any material from our website, marketing materials, social media accounts, or any other asset created by Farmgirl Flowers.

To seek our permission, you may write to us at help@farmgirlflowers.com and we will coordinate in-writing approval or denial. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Site.

Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Farmgirl Flowers, Inc., and partner entities. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Farmgirl Flowers or relevant third party, which may own the Marks. All information and content available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

Links to Third Party Sites

We do not have control over websites that Farmgirl Flowers may link to. Our website may contain links to third party websites that are not owned, operated, or controlled by Farmgirl Flowers. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them or that they are affiliated with. Additionally, we cannot and will not censor or edit the content of any third party site. By using Farmgirl Flowers, you expressly relieve us from any and all liability arising from the use of any third party websites.

Disclaimers of Warranty

We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and partners make no express warranties or guarantees about the Site, Goods, or Services. The extent permitted by law, we and our Officers, Directors, Agents, Partners, and Vendors disclaim implied warranties that the site and services are merchantable, of satisfactory quality, accurately depicted and described, appropriate for a particular purpose or need, and non-infringing. We do not guarantee that Farmgirl Flowers will meet your particular purpose or need, is error-free, reliable and available at all times, and without interruption. We do not make any warranties as to privacy and security other than as expressly stated in the Privacy Policy. No oral or written information or advice given by a Farmgirl Flowers representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot, and does not attempt to, change.

Limitations of Liability

Your sole remedy for any dispute with us is to discontinue your use of Farmgirl Flowers. In no event shall our liability, or the liability of our Officers, Directors, Agents, Partners, and Vendors, for any and all claims relating to the use of the site and services, exceed the total amount of fees that you paid us during the previous one-year period of use for the specific service of the issue. We, our Officers, Directors, Agents, Partners, and Vendors, shall not be liable for any indirect, incidental, consequential, or special damages arising from your use, or inability to use, or reliance upon our site and services. These exclusions apply to any and all claims of lost profit or goodwill, even if we knew, or should have known, of the possibility of damages. If jurisdiction does not allow the exclusion of liability for damages, in such jurisdiction, our liability, and the liability of our Officers, Directors, Agents, Partners, and Vendors, shall be limited to the extent permitted by law.

Indemnity

You agree to indemnify and hold harmless Farmgirl Flowers, parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, employees, agents and representatives of each of them, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your access to or use of the Service; (ii) your violation of the Terms of Service; (iii) the infringement by you, or any third party using your account, of any intellectual property, copyright infringement, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Farmgirl Flowers.

Submissions to Farmgirl Flowers and Affiliated Servers

Any information you transmit to this web site, by electronic mail or otherwise, including any data, questions, comments, suggestions, graphics or the like, is, and will be treated as, non-confidential and nonproprietary information. Any information communicated to Farmgirl Flowers through the website is the exclusive property of Farmgirl Flowers. Farmgirl Flowers is entitled to use any information submitted for any purpose, without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Farmgirl Flowers and accepts responsibility for its accuracy, appropriateness, and legality.

Reservation of Rights and Release

Farmgirl Flowers reserves the right, but has no obligation, to monitor, or take any action we deem appropriate regarding disputes that you may have with other customers of Farmgirl Flowers, our partners, or Merchants. To the extent the law permits, you release us from any claims or liability related to Content posted on the Site and from any claims related to the conduct of any other Farmgirl Flowers customers or Merchants. You hereby waive California Civil Code Section 1542 (for California residents), and any similar provision in other jurisdictions (if applicable), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Copyright Notice

We respect the intellectual property rights of others, and ask that our customers and users of our website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit notification with the following information to the Copyright Agent named below:

• Farmgirl Flowers, Inc.
• Attn: Farmgirl Flowers, PO Box 770, Wauna, WA 98395

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

• Your username, address, telephone number, and e-mail address
• A description of the copyrighted work that you claim has been infringed
• A description of where the alleged infringing material is located
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Unsolicited Materials

In operating this site, we do not solicit, nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the website, emails, our social media accounts, or in any other way. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.

Feedback

We welcome all comments, feedback, information, or materials regarding our website(s) (“feedback”), which you submit to us via the website, email, social media, telephone, or otherwise through or in conjunction with any one of our sites. Please note that feedback shall be considered non-confidential and become the property of Farmgirl Flowers. By submitting feedback to us, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. We shall be free to use Feedback on an unrestricted basis.

User's Grant Of Limited License

By communicating with us, including submitting or sending feedback, photos, content, questions, reviews, a contribution, or other information or material to us, you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part, including any information, suggestions, ideas, photos or drawings, or concepts contained in such content), worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a contribution, in whole or in part, into a feature of our offering. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any contribution or part thereof, or other communication to us.

Electronic Communications

The communications between you and Farmgirl Flowers uses electronic means, whether you visit the website and send us email communication, or whether Farmgirl Flowers posts notices on the website(s) or communicates with you via email, text, dm’s, or any other medium. For contractual purposes, you (a) consent to receive communications from Farmgirl Flowers in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Farmgirl Flowers provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. For more details, please read our Privacy Policy.

Provisions Unenforceable or Invalid

The Terms and Privacy Policy, as amended from time to time, constitute the entire Agreement (the "Agreement") between you and Farmgirl Flowers. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this agreement at our election and for any reason, without prior notice, and this agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any order issued prior to termination will be honored according to its terms and conditions.