Terms
Welcome to www.itsbyu.com (the “Site”). This Site is maintained and operated by itsbyu, LLC (“itsbyu” or “Company”).
General
By accessing, browsing or using this Site you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. We may from time to time change the Terms of Use that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions changed. We may change, move or delete portions of, or add to, our Site from time to time.
Site Contents
Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, written and other materials that comprise this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed to or by us. This site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by us. This Site and its Contents are controlled and operated from its offices in New York, NY.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
(1) Placing an order with our Site; or
(2) Using this Site as a shopping resource, provided you do not modify the Site and retain all copyright and other proprietary notices contained in the Contents.
None of the instructional videos may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without prior written permission.
You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site.
We require all users to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
Posting any information which is untrue, inaccurate or not your own
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
Attempting to interfere in any way with the Site’s or itsbyu’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
Software, chat, communication or other materials (“Content”) that is or which itsbyu considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, violent, harassing or otherwise objectionable Content;
Selling or promoting any products or services that are unlawful in the location at which the Content is posted or received;
Selling or promoting controlled pharmaceutical substances, fire arms, tobacco, and alcohol;
Introducing or transmitting viruses, worms, Trojan horses and/or harmful code on the Internet;
Displaying material that exploits persons under 18 years of age;
Posting any Content that violates or infringes upon any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
Promoting, soliciting or participating in multi-level marketing or pyramid schemes;
Harassing, embarrassing or causing distress or discomfort upon another participant, user, or other individual or entity;
Impersonating any other person
Posting or disclosing any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age);
Posting or transmitting any unsolicited advertising, emails, promotional materials, or any other forms of solicitation, including with limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests, or collect store, or post personal data about or of other Site users;
Intentionally or unintentionally violating any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner
These are some, though not all, of the activities that may result in removal of Content that you post to the Site and/or the termination of your access to the Site.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
Please note that the permission granted herein terminates automatically if you breach any of these Site Terms of Use. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without prior written permission is strictly prohibited.
Registration and Passwords
In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.
Substitution Policy
By placing an order on our website, you agree to accept our "Terms of Use” regarding "Substitution" as outlined below.
All products depicted (in images and text) are subject to change or substitution. The images associated with your order are a representation of what is available. Size, quantity of flowers and color variations may vary from the images on our site. Seasonal and regional conditions affect availability. Occasionally, substitutions of flowers, plant material, containers, tools, etc. pictured may be necessary.
If a substitution is required, we follow strict guidelines to maintain the same "look and feel" of the item you have selected. We will make every attempt to match the flower choice you have selected, but may need to substitute with another color. Substitutions of flowers types may be required to maintain the same look and feel.
The Subscription Contract Between You and Us
It's By U offers rebillable subscriptions.
With respect of It's By U subscriptions subject to automatic renewal, you agree that It's By U may submit periodic charges to your chosen payment method without further authorization from you, until, after a period of a minimum of three (3) floral deliveries, you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before It's By U reasonably could act.
Automatic Renewal Terms
Your subscription will be automatically renewed for successive periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Subscription renewal after a minimum of three (3) floral deliveries.
Cancellation Policy for Subscriptions
To cancel your Subscription after three (3) floral deliveries, you may (i) log on to your account and follow the cancellation procedures there, or (ii) send us a message at hello@itsbyu.com and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term.
Product Information; Limitation on Quantities
Excluding any content which may be submitted by Customers from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by customers and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Disclaimer of Warranty
THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, ITSBYU DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice. In the event that a product is listed at an incorrect price due to typographical error, or error in pricing information received from others, we retain the right to refuse or cancel any orders placed for products listed at the incorrect prices. We are not responsible for typographical or photographic errors.
Disclaimer of Liability
USE OF OUR SERVICE, THE SITE, VIDEO AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT SHALL ISTBYU, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE, ALSO ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ITSBYU HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ITSBYU, ITS AFFILIATES, SUPPLIERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO ITSBYU IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. In an effort to provide our customers with the most current information, we will, from time to time, make changes in the Contents and in the products or services described on this Site. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
User Comments & Feedback
You agree that any material, user comments, feedback, and ideas that you transmit to this Site or otherwise provide ("Transmissions") shall be and remain the Site's property.All Transmissions will be treated as non-confidential and non-proprietary and we shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that we may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
Customers
This Site and its Contents are displayed solely for use by and delivery to United States residents.
We cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we reasonably believe to be unlawful.
Children
We have no intention of collecting personal information from individuals under the age of 18. If you are a child under the age of 18, please do not place an order or provide any information to us.
Linked Sites
This site may contain links to other web sites ("Linked Sites"). We do not operate or control any information, products, or services on Linked Sites, and neither endorses nor approves any products or information offered at Linked Sites. Linked Sites are used at your own risk.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Indemnification
You agree to indemnify, hold harmless, and defend itsbyu, subsidiaries, affiliates, suppliers and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.
Termination
This Agreement is effective unless and until terminated by us. We may terminate this Agreement at any time without notice to you, and accordingly deny you access to the Site in our sole discretion if you fail to comply with the Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials. In addition, by providing material on our Site, we do not in any way promise that the materials will remain available to you. All or part of this Site may be terminated at any time without notice to you.
Modification
We may modify these terms by updating this posting. You agree that in the event any portions of these Site Terms of Use are found to be unenforceable, the remainder of these Site Terms of Use shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.
Governing Law
The laws of the State of New York shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.
Severability
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Waiver; Remedies
The failure of itsbyu to partially or fully exercise any rights or the waiver of itsbyu of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by itsbyu or be deemed a waiver by itsbyu of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of itsbyu under these Terms and any other applicable agreement between you and itsbyu shall be cumulative, and the exercise of any such right or remedy shall not limit itsbyu’s right to exercise any other right or remedy.
Contact
204 W. 140th St., Suite 5A, NY, NY 10030
