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Mobile Program Terms of Use

Mobile Program Terms of Use

Mobile Program Terms of Use

Mobile Program Terms of Use

Welcome to ENJOY FLOWERS®

Mobile Program Terms of Use (Effective as of April 9th, 2020)

 

The ENJOY FLOWERS® Mobile Message Service (the "Service") is operated by Enjoy Flowers LLC (“ENJOY FLOWERS®”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify these Mobile Terms at any time and your continued use of the Service after opting-in and following the effective date of any such changes shall constitute your acceptance of such changes.

1. COST ASSOCIATED WITH THE SERVICE

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

2. USER CONSENT

If you have affirmatively consented to receiving the Service (i.e., opted-in), you will receive updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from ENJOY FLOWERS® via text messages through your wireless provider to the mobile number you provided. Message frequency varies but will never exceed 5 within a 30-day period. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. By consenting to the Service, you represent that you are an authorized user of the mobile number you provided.

3. WITHDRAWAL OF CONSENT

If you do not wish to continue participating in the Service or no longer agree with the Mobile Terms (i.e., if you wish to opt-out), text the single keyword command STOP to +1(844) 582-0360 to cancel at any time. You'll receive a one-time opt-out confirmation text message. Your request may not be honored if you text the words other than those set forth above or verbally request one of our agents to remove you from the Service; these are not reasonable means of opting out.  

If you have subscribed to other mobile message programs sponsored by ENJOY FLOWERS® and wish to cancel, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.  

The wireless carriers supported by the Service are not liable for delayed or undelivered messages.

You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

4. AGE RESTRICTION

By consenting to use the Service, you represent to ENJOY FLOWERS® that you are 18 years of age or older.  

5. DUTY TO NOTIFY

If at any time you intend to stop using the mobile telephone number provided to participate in the Service for any reason, you must notify ENJOY FLOWERS® by withdrawing your consent to receiving the Service or otherwise by opting-out of the Service in the manner set forth above prior to ending your use of the mobile telephone number associated with the Service. If you discontinue use of your mobile telephone number without notifying ENJOY FLOWERS®of such change, you agree that you will be responsible for all costs (including attorney’s fees) and liabilities incurred by ENJOY FLOWERS® as a result of claims brought by anyone who is later assigned that mobile telephone number.  

6. DUTY TO INDEMNIFY

You agree to indemnify, defend, and hold ENJOY FLOWERS® harmless from any third-party claims, liability, damages or costs arising from your use of the Service, from your communication of a phone number that is not your own or, or from your failure to opt-out of the Service once you have decided to stop using the mobile telephone number that has been used to subscribe to the Service.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

7. DISPUTE RESOLUTION

Any and all claims, disputes, controversies, actions or proceedings relating to or arising out of the Services and/or the transmission of messages to an authorized mobile device, shall be governed by the substantive laws of the State of Florida without regard to its conflict of laws principles and any and all claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") or by a state small claims court of competent jurisdiction over the Claim and the parties.

You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA; and (ii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief.

THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT (WITH THE EXCEPTION OF SMALL CLAIMS COURT AS PROVIDED HEREIN) AND NO RIGHT TO A JURY TRIAL.

Your claim shall be arbitrated on an individual basis, and neither party shall have the right to participate in a representative capacity, or as a subscriber of any class of claimants pertaining to any claim subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims, and render awards between you and ENJOY FLOWERS®and its affiliates alone.

If any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org.

8. SERVICE ASSISTANCE

For Service support or assistance, text HELP to +1(844)582-0360 or email us at info@enjoyflowers.com. We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a shortcode or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.