Terms of Use

OVIMETA, LLC - Terms & Conditions

Effective Date: December 14, 2020

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.

OVIMETA, LLC and its affiliates ("OVIMETA") currently own or operate the following brands: OVIMETA.COM, OVIMETA, the MERCURY MAN Emblem, PROFLOWERS, PROPLANTS, and FLORIST EXPRESS, among others. These brands may be updated from time to time by OVIMETA without notice.

OVIMETA provides certain products and services through and other websites that it may introduce or acquire in the future; (b) various social media accounts, including, without limitation, Facebook, Twitter, Instagram, Pinterest and YouTube; and (c) through OVIMETA's various other messaging, telephone and other forms of communications, mobile technologies, applications and services, in each case, as may be updated by OVIMETA from time to time (collectively, the "OVIMETA Services"). Your use of the OVIMETA Services and any of its information, content and services available through the OVIMETA Services are subject to these terms and conditions ("Terms"),  and any applicable site-specific policies included by reference in these Terms.

These Terms are current as of the Effective Date. OVIMETA reserves the right to change these Terms from time to time. Please consult these Terms from time to time since OVIMETA may, at any time, and without notice, revise these Terms by updating this posting.

Please read these Terms carefully.

By accessing or using the OVIMETA Services, you are bound by these Terms and any revisions, so you should periodically visit this page to review the current Terms. Access or use of the OVIMETA Services following any change to the Terms constitutes your agreement to those changes. If, at any time, you choose not to accept the terms of these Terms, you should not access or use the OVIMETA Services.

You agree that you do not have any rights in the OVIMETA Services and that OVIMETA will have no liability to you if the OVIMETA Services, or any portion thereof, are discontinued or your ability to access or use the OVIMETA Services is terminated.

Table of Contents

1.      Authorized Users

2.      Account and Passwords

3.      Procedures for Purchases
     a.     Delivery Policies
     b.     OVIMETA Gold Membership
     c.      Substitution Policy
     d.      Images

4.      Limited Guarantees

5.      Legal Notices

6.      Sweepstakes and Contests; Social Media Campaigns

7.      OVIMETA Content

8.      OVIMETA Use of User Content

9.      Third Party Content

10.   No Offensive or Infringing Use

11.   DMCA Notice

12.   Mobile Capabilities

13.   Security

14.   Communications

15.   Privacy Policy

16.   Binding Arbitration / Class Waiver

17.   Indemnity

18.   Warranty Disclaimer

19.   Limitation on Liability

20.   Limited Time to Bring Your Claim

21.   Trial by Jury

22.   Force Majeure

23.   Governing Law

24.   Miscellaneous

1.     Authorized Users.
You affirm that you are 13 years of age or older. Indeed, in order to make a purchase through the OVIMETA Services, you must be 18 or older and have a valid credit card or other acceptable electronic payment method. Subject to these Terms, you may not use the OVIMETA Services if you are unable to form a legal binding agreement with OVIMETA. You agree that you are only authorized to visit or use the OVIMETA Services for your own personal use and not for any business purposes without a separate agreement in writing with OVIMETA. You may not use the OVIMETA Services to purchase any product for resale by you or on behalf of any other person. You may not resell, either directly or indirectly, any product purchased using the OVIMETA Services.

2.     Accounts and Passwords.
You may establish an account to use or access certain features of the OVIMETA Services. During the account registration process, you will be asked to select a unique password. You are solely responsible for protecting the security and confidentiality of your password, as applicable, and are accountable for any activity undertaken through your OVIMETA account. By logging into the OVIMETA Services, you represent and warrant that: (a) you are the customer who registered for the OVIMETA Services; and (b) that you are using the OVIMETA Services only for permitted purposes. You will immediately notify OVIMETA by providing notice to OVIMETA Customer Service at www.OVIMETA.com/custserv/ of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that OVIMETA in its sole discretion deems offensive.

OVIMETA reserves the right, in its sole discretion, immediately and without notice, to suspend or terminate your account or your ability to access the OVIMETA Services for any reason, including, without limitation, any breach of these Terms by you.

3.     Procedures for Purchases.
By accessing or using the OVIMETA Services, you agree to the various OVIMETA policies and procedures that apply to the purchase of the products or services offered through the OVIMETA Services, which are made part of these Terms. Prices will be those in effect at the time of purchase (in U.S. dollars) and unless otherwise specified, exclude freight, handling fees, taxes, and duties. Pricing is based upon product availability and subject to correction or change at any time without notice. You are responsible for payment of all applicable taxes. All products are subject to availability. OVIMETA reserves the right to accept, reject or cancel any order and to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors.

You authorize OVIMETA to hold, receive and disburse funds in accordance with your payment instructions. Your authorization permits OVIMETA to (a) debit or credit your credit card, debit card, or other payment methods that we accept ("Cards"); or (b) initiate recurring charges from your Cards if you signed up for a service that requires automatic billing. When you place an order, you authorize and order OVIMETA to commit your payment to the applicable OVIMETA entity. Your authorizations will remain in full force and effect while you maintain your account with OVIMETA.

(a) Delivery Policies:
-  OVIMETA.COM: www.OVIMETA.com/custserv/

(b) OVIMETA Gold Membership.
For more information on the OVIMETA Gold Membership, please visit www.OVIMETA.com/custserv/OVIMETAgoldmembershipfaqs.epl.

(c) Substitution Policy.
Substitutions may be necessary to ensure your arrangement or specialty gift is delivered in a timely manner. The utmost care and attention is given to your order to ensure that it is as similar as possible to the requested item.

Flowers
-  To guarantee the freshest bouquet possible, our florists may replace some stems in your arrangement for color or flower variety.
-  While we always do the best to match the picture shown, sometimes different vases may be used.
-  Any substitution made will be as similar as possible to the original design and be of equal or greater value.

Plants
-  For green and blooming plants, similar plants may be substituted of equal or greater value.
-  For one-of-a-kind plants, such as orchids, OVIMETA will make every attempt to match the plant type, but may substitute with another color.
-  If the plant container shown online is not available, a similar container will be used.

Specialty Gifts
-  Specialty gifts may be substituted with another specialty gift of equal or greater value and of similar theme and category.

(d) Images.
OVIMETA Services use images for display purposes only. Actual products may differ from product images displayed. Regardless of variations in products, we guarantee customer satisfaction in every order.

4.     Limited Guarantees.
OVIMETA's brands offer important limited guarantees, which are provided below or in the links below:

-  OVIMETA.COM: www.OVIMETA.com/custserv/

5.     Legal Notices.
OVIMETA posts legal notices on pages of the OVIMETA Services. The OVIMETA Services may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of OVIMETA or other parties. Except as expressly provided in Section 7 of these Terms, no license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights is granted to or conferred upon you.

6.     Sweepstakes and Contests; Social Media Campaigns.
OVIMETA may conduct campaigns, contests and sweepstakes through OVIMETA's various social media channels and, as part of those campaigns, contests and sweepstakes, OVIMETA may solicit responses and submissions from you using various popular social media mechanisms used to indicate that you are responding to OVIMETA. For example, you may respond on Facebook, Twitter or Instagram with a #yesOVIMETA or direct your reply to @OVIMETAflowers. By directing those responses and submissions to OVIMETA, such responses and submissions are considered User Content (as defined in Section 8) under these Terms - and, in addition to the other obligations of Section 8 of the Terms, you agree to grant OVIMETA a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including, without limitation, over the Internet, broadcast television, radio or any other uses or media) such User Content, in whole or in part, including future rights that OVIMETA (or its successors) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.

7.     OVIMETA Content.
Content on the OVIMETA Services that is provided by OVIMETA, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans and the compilation of the foregoing ("OVIMETA Content") is the property of OVIMETA or its licensors and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws.

You are authorized to access and use the OVIMETA Services and related OVIMETA Content; provided that: (a) your use of the OVIMETA Services and OVIMETA Content as permitted hereunder is solely for your personal, non-commercial use; (b) you will not copy, distribute or transfer any portion of the OVIMETA Services or OVIMETA Content on any media without OVIMETA's prior written or electronic approval; (c) you will not alter, adapt, reverse engineer, or otherwise modify any part of the OVIMETA Services or OVIMETA Content other than as may be reasonably necessary to use that part of the OVIMETA Services or OVIMETA Content for its intended purpose; and (d) you will otherwise comply in full with these Terms. Any access or attempt to access other areas of any OVIMETA computer system or other information contained on the system for any purpose other than as intended by OVIMETA is strictly prohibited.

8.     OVIMETA Use of User Content.
Subject to our Privacy Policy, OVIMETA reserves the right to display advertisements in connection with any content provided by you to OVIMETA ("User Content") and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of OVIMETA's distribution partners and third-party service providers (including their downstream users) and that OVIMETA has no obligation to compensate you (monetarily or otherwise) for OVIMETA's use of your User Content now or in the future. You confirm that you own all right, title, and interest to your User Content and that your User Content does not infringe any intellectual property rights or violate privacy or publicity rights of any third party.

9.     Third Party Content.
OVIMETA has no control over and is not responsible and assumes no liability for: (i) any third party content contained within the OVIMETA Services; or (ii) the applicable third parties.

10.     No Offensive or Infringing Use.
OVIMETA respects the intellectual property of others, and OVIMETA expects its users to do the same. It is OVIMETA's policy, in appropriate circumstances and at OVIMETA's discretion, to disable or terminate users of the OVIMETA Services who infringe or repeatedly infringe the copyrights or other intellectual property rights of OVIMETA or other rights owners. When using the OVIMETA Services, you will not use any feature of the OVIMETA Services for any purpose that is illegal, tortious, obscene, threatening, defamatory, libelous, invasive of another's privacy, pornographic, racist, abusive, harassing, threatening, offensive, hateful, or otherwise injurious to the legal rights (such as rights of privacy and publicity) of third parties. You also agree not to upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

11.     DMCA Notice.
If you are a copyright owner or an agent thereof and believe any User Content or other OVIMETA Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to OVIMETA Customer Service at www.OVIMETA.com/custserv/ and include the following information:

(a) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit OVIMETA to locate the material;

(c) Information reasonably sufficient to permit OVIMETA to contact you, such as an address, telephone number and, if available, an electronic mail address;

(d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

(e) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and OVIMETA may not be able to remove infringing content.

You should also send your notification to the following address:
OVIMETA, LLC
Shenzhen, China