Privacy Policy

The policies on this page govern the use and navigation of this Web site.

Terms of Use
This Web site is an online information and communication service provided by Flowers By Coley. Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Flowers By Coley reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Flowers By Coley retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. This Web site provides links to many other Web sites affiliated with Flowers By Coley that may have Terms of Use Policies different from, or in addition to, the Terms of Use specified herein, particularly in the case of Web sites hosting third-party content or that allow postings by third-parties. By accessing such Web sites through links provided on this Web site, you agree to abide by each applicable Terms of Use policy as therein specified.

Trademarks, Copyrights and Restrictions
This site is controlled and operated by Flowers By Coley at 5075 Ruffin Rd, San Diego, CA 92123. The phone number is 858-560-0464. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Flowers By Coley, its related companies or by other parties that have licensed their material to Flowers By Coley. Material on flowersbycoley.com or any Web site owned, operated, licensed or controlled by Flowers By Coley is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Flowers By Coley. Use of the materials on any other Web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Flowers By Coley's copyrights, trademarks and other proprietary rights, and is prohibited.

Links
This site may contain links to other Web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. Flowers By Coley is not responsible for, and does not endorse, the content of any Linked Sites whether or not Flowers By Coley is affiliated with the sponsors of a site. Visitors to any linked site are urged and expected to abide by the Terms of Use and Privacy Policies of that particular linked site. Flowers By Coley welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Flowers By Coley. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Flowers By Coley site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the Flowers By Coley site without prior written consent of Flowers By Coley.

DISCLAIMER OF WARRANTIES AND LIABILITY
THE MATERIALS ON FLOWERS BY COLEY'S WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FLOWERS BY COLEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER FLOWERS BY COLEY, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF FLOWERS BY COLEY'S WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FLOWERS BY COLEY OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON FLOWERS BY COLEY'S WEB SITE IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. FLOWERS BY COLEY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN FLOWERS BY COLEY'S WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU EXPRESSLY AGREE THAT USE OF THE FLOWERS BY COLEY SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER FLOWERS BY COLEY, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF FLOWERS BY COLEY'S WEB SITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS SITE OR ANY OTHER FLOWERS BY COLEY WEB SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FLOWERS BY COLEY AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND NOT FLOWERS BY COLEY) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FLOWERS BY COLEY IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

Indemnification
You agree to indemnify, defend and hold harmless, Flowers By Coley, its subsidiaries and other affiliated companies, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use. Flowers By Coley reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Flowers By Coley in asserting any available defenses.

Jurisdictional Issues
Unless otherwise specified, the materials in the Flowers By Coley Web site are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Flowers By Coley from its office within the State of California, United States of America. Flowers By Coley makes no representation that materials in Flowers By Coley's Web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Flowers By Coley bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in San Diego County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Flowers By Coley.

Privacy Policy
Flowers By Coley is very respectful about the privacy concerns of the visitors to its sites on the Internet. The personal information is collected from visitors to this site is through the shopping cart which is protected by SSL Security. Flowers by Coley has a policy of not sharing your order information with any third party. Additionally, certain non-personal information of visitors is recorded by the standard operation of Flowers By Coley's Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor's Internet service provider (e.g., America Online, Earthlink). By having this information, Web pages optimized for a particular visitor's computer are automatically made available to that visitor. Other use of this information may include internal review of the number of visitors to this site but only in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to Flowers By Coley only when voluntarily submitted by the users Flowers By Coley will only use personally identifiable data provided at this site for the purposes described at the time it is collected (for example, the e-mail addresses visitors provide in order to receive e-mail alerts will only be used for the purpose of sending these e-mail alerts). Flowers By Coley sites, as well as any other third party sites linked to from this Web site, may each have different privacy policies and practices. You should carefully review these other Web sites' privacy policies in order to determine how each site may use any personal information you provide.
Copyright 2005 Flowers By Coley