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Website Terms of Use
Use of this website and the services provided through it by A Moment For You LLC (hereinafter referred to as the “Company”) is governed by these Terms of Use (hereinafter referred to as the “Terms”). All sections and subsections of these Terms are incorporated herein by reference. This Agreement applies to the use of all pages of this website (hereinafter collectively referred to as the “Website”) and any services provided by the Company or available on this Website (the “Services”).
The terms A Moment For You LLC, the Company, We, Us, Our, and other first-person pronouns refer to the Company and all of its employees and affiliates. You, as a user of the Website, will be referred to as You, Your, or as User or Customer. Together, the Company and You (the parties to this Agreement) are referred to as the Parties.
BY USING THIS WEBSITE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO ABIDE BY ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE USE OF THE WEBSITE. THE COMPANY PROVIDES YOU WITH ACCESS TO THE WEBSITE AND SERVICES ONLY ON THE CONDITION THAT YOU AGREE TO THIS AGREEMENT.
Permission to Use the Website
In the course of your interaction with the Website or Services, the Company may provide you with certain data. This information may include, but is not limited to: documents, information, Company developments, and other materials necessary for your use of the Website or Services (“Company Materials”). Pursuant to this Agreement, the Company grants you a limited, non-exclusive, non-transferable, and revocable right to use the Company Materials solely in connection with your use of the Website and Services. The Company Materials may not be used for any other purpose, and this right terminates as soon as you stop using the Website or Services, or upon termination of this Agreement.
Intellectual Property Rights
You acknowledge that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that all rights, title, and interest in the Company IP belong to the Company, and you agree not to use the Company IP for any illegal or infringing activities. You will not reproduce or distribute the Company's IP, including by electronic means or by registering new trademarks, service names, or domain names (URLs), without the express written permission of the Company.
User Obligations
You may be required to register to use the Website or Services. When you register, you will choose a user ID (which may be your email address or another term) and password. You may also be required to provide personal information, including your name. You are responsible for the accuracy of the information you provide. This information will allow you to use the Website and Services. You are required to notify us promptly of any changes to your identification details. You must not share this information with third parties, and if you discover that your details have been compromised, you agree to notify us immediately in writing (notification by email is sufficient). You are responsible for maintaining the confidentiality of your User ID and Password and for all activities that occur under them. You agree that if you provide false, inaccurate, outdated, or incomplete information, or if the Company has reason to believe that it is or does not comply with these Terms, the Company has the right to suspend or terminate your membership without notice and deny you access to the Website. The Company is not responsible for the security of your account or content. You use the Website or Services at your own risk.
Privacy Information
We attach great importance to protecting your privacy. Any personal data collected when using this website will be stored and processed in accordance with the Privacy Policy of A Moment For You LLC. Please review our Privacy Policy, which also governs the Website and informs Users about how we collect data. If you object to how your information is shared or used, please do not use the Website.
Sale of Goods and Services
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to provide the most accurate information about products and services, including their descriptions and images. However, due to factors such as seasonal changes or availability, the availability of all products is not guaranteed. The Company does not confirm the accuracy or reliability of product information, and you acknowledge that you purchase such products at your own risk. If we need to make substitutions or changes, we will notify you as soon as possible and offer the most appropriate and effective solution, while ensuring that the replacement is of high quality and equivalent value.
When selling physical goods, we may block funds on your credit or debit card at the time of placing your order, or debit them upon delivery. You agree to monitor the status of your payment method. Delivery costs and times may change from those originally stated due to unforeseen circumstances. You guarantee payment for any goods purchased from Us and acknowledge that prices are subject to change. For all questions, claims, or disputes, you agree to contact Us in a timely manner at info@amoment4u.com.
Promotions and special offers
At our discretion, we may offer products at reduced prices from time to time. These offers are valid from the moment they are announced until the end date of the promotion and cannot be applied to purchases made before or after these dates.
If, after you have made a purchase, the price of a product is reduced or a discount is offered as part of a special offer, the price that was in effect at the time of purchase will remain final. We cannot provide discounts on special offers for purchases that have already been made.
As our special offers are often subject to availability, we reserve the right to change the terms of promotions or cancel them entirely at any time without prior notice.
We also reserve the right to offer personalized promotions that may only be available to the customer to whom they are addressed.
Delivery Terms
When purchasing our products, you agree to provide a valid email address, delivery address, and correct payment details. Before placing your order, please check the information about delivery costs and times. To avoid problems or delays with delivery, please ensure that you have provided the recipient's full address, including the exact postal code and telephone number, as well as your contact number or email address so that we can contact you in case of any difficulties.
We are only responsible for delivery to the address you specify. If the goods have been delivered to the specified address, we are not responsible if the intended recipient has moved or resides elsewhere, and the actual recipient refuses or fails to return the goods. Some orders may require a signature upon receipt. This may apply to certain Products or locations where a third party is involved, such as offices, hospitals, funeral homes, airports, hotels, ships, and other commercial establishments. The signature of any person authorized to accept delivery on behalf of the Customer will be considered proof of delivery to the recipient you have selected. If the courier is unable to find anyone to accept delivery, they may leave the goods with a neighbor, in a safe place, or leave a notice to contact the recipient. We will inform you where the goods have been left; if there is no safe place, the goods will be returned to Us, and you will have to arrange for pickup. We determine whether a location is safe. If redelivery is necessary, you will be required to pay an additional delivery fee.
If there are difficulties with the delivery of your order, we reserve the right to contact the recipient using the contact details you provided when placing your order.
Return and Refund Policy
Due to the perishable nature of flowers, all sales are final.
However, if there is an issue with your order or delivery, please contact us immediately at info@amoment4u.com. We are happy to review each case and offer a replacement or refund when the issue is on our side.
Order Cancellation
Orders can be changed or canceled within a reasonable time frame, but before they are processed. To change or cancel an order, please contact us. We reserve the right to approve the cancellation of an order on a case-by-case basis and will notify you as soon as this has been done. No fees will be charged for orders canceled in accordance with this clause. Any payment made prior to the cancellation of the order will be refunded using the same method used for payment. Orders cannot be cancelled on or after the requested delivery date.
Electronic Communications
Visiting the Site, as well as sending emails, data, information, or other communications to A Moment For You LLC, qualifies as electronic communication. You consent to receive electronic communications and acknowledge that all agreements, notices, disclosures, and other communications that We provide to you electronically (via email and on the Site) satisfy any legal requirement that such communications be in writing.
Prohibited Use of the Website
You agree not to use the Website or Services for any illegal purpose. You agree not to use the Website or Services in any manner that could damage the Website, Services, or the Company's business reputation. If you have any doubts about the legality of your actions on this Website, you must immediately stop using it.
Reverse Engineering and Security
You agree not to do any of the following:
Attempt to reverse engineer, disassemble, or decompile any code or software of the Website or Services;
Compromise the security of the Website or Services through unauthorized access, circumvention of encryption or other security measures, data harvesting, or interference with any host, user, or network.
Spam Policy
You are strictly prohibited from using the Website or any of the Company's Services to send spam, including collecting email addresses and personal information or sending bulk commercial emails.
Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates (if applicable) from and against any and all losses and legal claims, including reasonable legal fees, that may arise in connection with your use or misuse of the Website or Services, your violation of this Agreement, or your actions. You agree that the Company has the right to choose its own legal counsel and, if it wishes, to participate in its own defense.
Third-party links and materials
We may post links to third-party websites (“Linked Sites”) at any time. However, the inclusion of a link to another website should not be construed as an affiliation, partnership, or endorsement of that website unless expressly stated. Linked sites are not under the control of the Company, and the User accesses a linked site at their own risk. We are not responsible for any content, including information, products, and services, available on third-party websites. Creating a link to this website is strictly prohibited without our prior written consent. Furthermore, we reserve the right to withdraw our consent without explanation.
Changes to the Terms
The Company may make changes to this Agreement from time to time and at any time without prior notice. You agree that the Company has the right to change this Agreement or revise its content. You also agree that all changes are effective immediately upon posting on the Website and supersede any prior version of the Agreement, unless earlier versions are specifically referenced in the latest changes.
If any court finds any part or subpart of this Agreement to be invalid or unenforceable, you agree that the previous, valid version of the Agreement will be considered enforceable to the maximum extent possible.
You agree to regularly review this Agreement and the effective date listed above to keep track of any changes. You also agree to clear your cache when doing so to ensure you are not using an outdated version. Your continued use of the Website after any changes constitutes your acceptance of the amended Agreement.
If you fail to monitor changes to this Agreement, such failure shall be deemed a waiver of your right to review the amended Agreement.
Entire Agreement
This Agreement constitutes the entire understanding between the Parties regarding the use of the Website. This Agreement supersedes all prior or contemporaneous agreements, written or oral, regarding the use of the Website.
Service Interruptions
The Company may need to temporarily interrupt your access to the Website for scheduled or emergency maintenance. You acknowledge that your access may be affected by unforeseen downtime for any reason, but the Company shall not be liable for any damages or losses caused by such downtime.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK, AND THAT ANY SERVICES ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE COMPANY ALSO MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OR ACCURACY OF ANY INFORMATION ON THE WEBSITE OR OBTAINED THROUGH THE SERVICES. YOU AGREE THAT ANY DAMAGE THAT MAY BE CAUSED TO YOU, YOUR COMPUTER SYSTEM, OR LOSS OF YOUR DATA AS A RESULT OF USING THE WEBSITE OR THE SERVICES, IS YOUR SOLE RESPONSIBILITY, AND THE COMPANY IS NOT LIABLE FOR SUCH DAMAGES OR LOSS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL A Moment For You LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, USE, OR PROFITS), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE. THIS APPLIES REGARDLESS OF WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, FRAUD, STRICT LIABILITY OR OTHERWISE, EVEN IF A Moment For You LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE WEBSITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Other Terms
All notices and communications under this Agreement shall be in English. We may translate this Agreement into other languages. In the event of a discrepancy between the translated version and the English version, the English version shall prevail, except where prohibited by applicable law. By using the Website or Services, you agree that any disputes related to or arising from this Agreement, as well as any disputes between you and the Company, shall be governed by the laws of the State of Florida, USA (excluding its conflict of laws provisions). In the event of a legal proceeding permitted by this Agreement, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Florida. The Parties agree that this choice of law and jurisdiction provision is mandatory and not permissive. You hereby waive any right to object to the venue of any such proceeding, including the application of the doctrine of forum non conveniens or any similar doctrine.
In the event of a dispute arising out of or relating to this Agreement, the Parties shall first attempt to resolve the dispute through good faith negotiations. If this fails, the dispute shall be referred to binding arbitration. The arbitrator shall be guided by applicable federal and Florida state law. Each Party shall pay its own costs and fees. The Parties waive their right to a jury trial in any arbitration proceeding.
This Agreement or the rights granted hereunder may not be transferred, sold, leased, or otherwise disposed of by you in whole or in part. If the Company transfers, sells, leases, or otherwise disposes of this Agreement or the rights hereunder, the Company's rights and obligations shall be transferred to any successors, administrators, and executors. If any part or subpart of this Agreement is found to be invalid or unenforceable by a court or competent arbitrator, the remaining parts and subparts shall remain in full force and effect. In such a case, the remainder of the Agreement shall remain in full force and effect.
If We fail to enforce any provision of this Agreement, this does not constitute a waiver of future enforcement of that or any other provision. A waiver of any part or subpart of this Agreement does not constitute a waiver of any other part or subpart. The headings of sections and subsections in this Agreement are for convenience only and do not affect the meaning of the provisions.
This Agreement does not create an agency, partnership, or joint venture between the Parties. Neither Party has the right to bind the other to any third party. The Company shall not be liable for any failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil or military authorities, riots, embargoes, natural disasters, and other unforeseen circumstances.
SMS Terms and Conditions
By agreeing to receive SMS messages via a web form or other channel, you consent to receiving text messages from A Moment For You LLC. These messages may include:
Order confirmations and purchase details.
Delivery status notifications (shipping, delay, delivery).
Special offers and promotions (only with explicit consent).
The frequency of messages may vary depending on your orders. Standard message and data rates may apply according to your mobile carrier's rates. Please review our privacy policy: https://amoment4u.com/privacy-policy. For help, text HELP. To unsubscribe at any time, text STOP in response to any message you receive.
Contact
If you have questions about the Terms, please contact us:
Email: info@amoment4u.com
Phone: (929) 316-3202
Mailing Address:
A Moment For You LLC
2720 E Oakland Park Blvd #102
Fort Lauderdale, FL 33306