Welcome to Kenny’s Flower Shoppe. This site is designed to be a fun, friendly, and welcome place where Customers may purchase high quality services of exceptional value. To keep your experience a positive one, we want to avoid misunderstandings. Kenny’s Flower Shoppe (that’s “us” or “we”) has prepared these Terms and Conditions for anyone using Kenny’s Flower Shoppe services (that’s “you”). We do this to help you understand us and the offerings on this site. By using this site, you agree to these Terms and Conditions and agree that they may be updated by Kenny’s Flower Shoppe at any time and without notice. You are welcome to our site and we encourage you to use this site on a regular basis. You may not modify material on this site in any way.
Termination Of Usage
We may terminate or suspend your access of this site, all or in part, without notice, for any conduct which, in our sole discretion, is disruptive to Kenny’s Flower Shoppe or is in violation of any law, or these Terms and Conditions.
Capacity to Contact
Kenny’s Flower Shoppe services are intended for persons of legal age (18 years or older in most jurisdictions; 19 years or older in Alabama, Alaska and Utah; 21 years or older in Hawai’i and New Jersey) only. By using this site, you represent to Kenny’s Flower Shoppe that you are of legal age of majority in your jurisdiction and that you are at least 18 years of age (19 years or older in Alabama, Alaska and Utah; 21 years or older in Hawai’i and New Jersey).
You agree to comply with all applicable laws, statutes, ordinances and regulations when you use Kenny’s Flower Shoppe and purchase services through the site. In our sole discretion, we may report actual or perceived violations to law enforcement or appropriate authorities.
If you place an order for services on Kenny’s Flower Shoppe, you agree to pay for the order by authorizing a corresponding charge to a valid credit card acceptable to us. We reserve the right to accept or decline your order at any time and for any reason. This is true even if you have received an order confirmation from us. We are not liable in any way if a financial institution which has issued a credit card to you refuses to honor the card for any reason.
Customer hereby expressly authorizes and consents to Kenny’s Flower Shoppe contacting customer via any means expressly authorized by law; regardless of customer appearing on any preexisting national do not call registries. Additionally, customer expressly and unequivocally agrees to receive autodialed calls for the purpose of receiving or verifying orders and for any means deemed appropriate by Kenny’s Flower Shoppe, including but not limited to marketing and customer satisfaction surveys; should the customer wish to be removed from the marketing list please email a removal request to firstname.lastname@example.org.
Sales & Other Taxes
We are required to collect sales tax on orders delivered to certain states. Unless you are able to provide us with a valid and correct tax exemption certificate prior to our acceptance of the order, you are responsible for sales and all other taxes associated with the order.
Even when information on Kenny’s Flower Shoppe indicates that a service is available, it may not be. We do not guarantee service availability under any circumstance. Without liability and without prior notice, we reserve the right to change, or discontinue any or all services or to cancel any order.
Customer Satisfaction is of utmost importance at Kenny’s Flower Shoppe. If you are dissatisfied with services purchased through Kenny’s Flower Shoppe for any reason, please contact us so we can discuss the issue.
Although we make all reasonable efforts to present only accurate and reliable information on Kenny’s Flower Shoppe, it is still possible that errors may occur in pricing and/or service information. We may refuse or cancel any order for services listed with incorrect pricing or service information. This is true even if your credit card has been charged. However, if a credit card charge has been made, and we elect to refuse or cancel the order, we will issue a credit to your credit card in the amount of the charge.
Links to Other Sites
Kenny’s Flower Shoppe may contain links to other Web sites which are owned and operated by third parties not connected with Kenny’s Flower Shoppe. We do this solely as a convenience to you. Kenny’s Flower Shoppe is not responsible for any of these sites or the contents you may find there. We do not endorse or guarantee the accuracy or completeness of content found on such sites.
All textual, visual, audio, audiovisual content on the Site, as well as the compilation of such content, is protected by United States and international copyright laws and owned by Kenny’s Flower Shoppe and/or the various contributors of such content. Copyrights in individual articles, postings, and comments are retained and owned by the authors thereof.
License & Site Access
Comments, Posts, Communications, and Other User Content
Except as explicitly authorized by Kenny’s Flower Shoppe, posting comments, articles, or any other content meeting any of the following criteria to the Kenny’s Flower Shoppe is prohibited:
- Commercial advertising or any other content commonly identified as “spam”;
- Content that is illegal, obscene, threatening, defamatory, invasive of another’s privacy, infringing on others’ intellectual property rights, or otherwise injurious to third parties;
- Content that consists of or directs users to viruses, spyware, worms, trojan horses, or other malware or malicious programs.
By using or posting any comment, article, or other content to the Kenny’s Flower Shoppe, you grant Kenny’s Flower Shoppe an irrevocable, worldwide, perpetual, non-exclusive, freely transferable, royalty-free license to use, reproduce, perform, copy, display, distribute, modify, and prepare derivative works based on any content you have posted to Kenny’s Flower Shoppe and/or its successor or predecessor sites.
If you are a copyright owner and believe the Kenny’s Flower Shoppe site has been used to infringe the copyright in your work(s), please provide our copyright agent a written notification including the following points:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyright-protected work(s) that you claim to have been infringed;
- A description of the allegedly infringing material and where it is located on Kenny’s Flower Shoppe, including the URL and any other identifying information where possible;
- Your name, address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner,
- the copyright owner’s agent, or the law;
- 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.
If you believe that Kenny’s Flower Shoppe has removed or disabled access to material that you posted as a result of mistake or misidentification, and would like Kenny’s Flower Shoppe to replace or renew access to the material, please provide our copyright agent a written counter notification including the following points:
- An identification of the material that has been removed or disabled and the location where it appeared before it was removed or disabled, including a URL where possible.
- A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, telephone number, and email address.
- State that you consent to the jurisdiction of Federal District Court for the judicial district in which the physical address provided in # 3 is located (or, if the physical address is outside the United States, for the Western District of Washington).
- State that you will accept service of process from the person who provided notification to Kenny’s Flower Shoppe of the alleged infringement, or from an agent of that person. Be signed by you, either physically or electronically. Kenny’s Flower Shoppe’s Designated Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Compliance Department: Kenny’s Flower Shoppe – 110 West State Street – Media, PA 19063 – United States of America; email@example.com
Although Kenny’s Flower Shoppe values both intellectual property rights and free expression, Kenny’s Flower Shoppe cannot guarantee that following the complaint or counter notification procedures identified above will result in any particular action, and does not undertake any affirmative obligation to engage in any particular action in response to any particular complaint or counter notification.
Any legal action brought against Kenny’s Flower Shoppe shall be governed by the laws of the State of Pennsylvania. We make no representation that Kenny’s Flower Shoppe content is appropriate for access outside the United States. If you access Kenny’s Flower Shoppe from outside the United States, you are doing so at your own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing services from this site.
If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, that provision will nevertheless be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions will not be affected. Your Ideas and Suggestions Are Welcome We’d really like to hear from you. Comments or suggestions about Kenny’s Flower Shoppe are welcome. You may choose to play a significant role in making Kenny’s Flower Shoppe an even better site. However, in order to allow a free exchange of ideas, Kenny’s Flower Shoppe does not solicit or want to receive confidential or proprietary information. Therefore, any correspondence received from you is not considered confidential or proprietary and becomes the property of Kenny’s Flower Shoppe without payment of compensation to you. We are free to use or not use your comments in any way we choose. By making comments to Kenny’s Flower Shoppe, you assign to us all right, title and interest in copyrights and other intellectual property rights on a worldwide basis without charge.
By purchasing these services, you agree to use our services at your own risk. Under no circumstances will Kenny’s Flower Shoppe LLC be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any service on this site.
You agree to indemnify, defend, and hold harmless Kenny’s Flower Shoppe, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
WARRANTY DISCLAIMER: THE KENNY’S FLOWER SHOPPE SITE, KENNY’S FLOWER SHOPPE RETAIL OUTLETS, AND THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, THIRD PARTY SERVICES AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICE, ARE PROVIDED “AS-IS.” AS A USER OF THE SERVICE, YOU USE THE KENNY’S FLOWER SHOPPE SITE, KENNY’S FLOWER SHOPPE RETAIL OUTLETS, SERVICES, THIRD PARTY SERVICES AND THE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM (A) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES, OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (B) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE FURTHER DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW, STATUTE, OR OTHERWISE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, OR SHIPMENT OF YOUR SERVICES OR UNITS BY US OR ANY OF OUR CONTRACTORS OR AGENTS. WE DO NOT WARRANT THAT THE FUNCTIONS PROVIDED IN CONNECTION WITH THE KENNY’S FLOWER SHOPPE SITE, KENNY’S FLOWER SHOPPE RETAIL OUTLETS, AND THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.
LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, SERVICE LIABILITY, OR OTHER THEORY), OR OTHERWISE, TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA, OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS THE SERVICE OR THIS AGREEMENT, EVEN IF KENNY’S FLOWER SHOPPE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES. THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND. THE KENNY’S FLOWER SHOPPE SITE, KENNY’S FLOWER SHOPPE RETAIL OUTLETS, AND THE SERVICE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO ANY SERVICE SOLD ON THIS SITE. THE SERVICES, SERVICES AND SERVICES ON THIS SITE ARE OFFERED AND PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IF WE BREACH THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE SERVICE ORDERED BY YOU WHICH HAS CAUSED SUCH A CLAIM TO ARISE.