Terms of Use

By accessing or using the Mendokino website, the Mendokino service, or any applications (including mobile applications) made available by Mendokino (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Mendokino LLC ("Mendokino"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Mendokino WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

The Service's Privacy Policy is available here https://www.mendokino.com/static/privacy-policy

Basic Terms

  1. You must be at least 13 years old to use the Service.
  2. You may not create violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  3. You agree that you will not solicit, collect or use the login credentials of other Mendokino users.
  4. You are responsible for keeping your password secret and secure.
  5. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  6. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  7. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  8. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Mendokino.
  9. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Mendokino users.
  10. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Mendokino page is rendered or displayed in a user's browser or device.
  11. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  12. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Mendokino terms.
  13. Violation of these Terms of Use may, in Mendokino's sole discretion, result in termination of your Mendokino account. You understand and agree that Mendokino cannot and will not be responsible for the Content mailed through the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Mendokino, we can stop providing all or part of the Service to you.

General Conditions

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Mendokino account by contacting our support email support@mendokino.com. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your handwriting, orders, receipts, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Service.
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  3. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  4. We may refuse to send any mail or paper communication you create through our technology for any reason at all or that we determine in our sole discretion violates these Terms of Use, even after your payment, and offer you a full refund of the transaction value in return.
  5. Mendokino has the right to create and disseminate content and paper communication on your behalf with your identifying information and contact information contained in it. Including displaying your account address on envelopes as your return address.
  6. Mendokino has the right to alter the content and appearance of messages you submit for any reason at all including formatting and legibility. However we will do our best to retain the exact content you submit with your purchase.
  7. We do not guarantee the delivery of any item by any specific date but we will do our best to process your order so that it arrives by the date you have chosen.
  8. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Mendokino is not responsible or liable for the conduct of any user. Mendokino reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Mendokino does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Mendokino is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Mendokino has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Mendokino Parties (defined below) harmless for activity related to the Application.
  9. You agree that you are responsible for all data charges you incur through use of the Service.
  10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Mendokino's express consent).

Electronic Communications

When you use the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other the Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Mendokino or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Service is the exclusive property of Mendokino and protected by U.S. and international copyright laws.

Reviews, Comments, Communications and Other Content

You may post reviews, comments, photos, videos, and other content; and submit messages to be transformed to your handwriting; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mendokino reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Mendokino a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mendokino and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Mendokino for all claims resulting from content you supply. Mendokino has the right but not the obligation to monitor and edit or remove any activity or content. Mendokino takes no responsibility and assumes no liability for any content posted by you or any third party. WE RESERVE THE RIGHT TO SUBMIT ANY AND ALL INFORMATION PERTAINING TO LAW ENFORCEMENT INVESTIGATION OR INQUIRIES THAT YOU HAVE CREATED ON OUR SITE INCLUDING YOUR HANDWRITING AND ANY MESSAGES YOU CREATE ON OUR SITE.

Copyright Complaints

Mendokino respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email our support email support@Mendokino.com

Risk of Loss

All purchases of physical items through Mendokino are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, Refunds and Title

Mendokino does not take title to returned items until the item arrives at its original fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Mendokino does not take title to the refunded item. Any refunds for physical gifts purchased and sent through our site will first be given to us from a third party and then passed on to you.

Additional Payments

We reserve the right to ask you for additional payments for gifts in the event that the amount you paid is principally different than the procurement price we face from the third party. If you do not want to pay this excess amount our only option is to refund you for the purchase you made minus the costs of materials or printed greeting cards included in your order.

Product Descriptions

Mendokino attempts to be as accurate as possible. However, Mendokino does not warrant that product descriptions or other content of any the Service is accurate, complete, reliable, current, or error-free. If a product offered by Mendokino itself is not as described, your sole remedy is to return it in unused condition.

WE ARE NOT RESPONSIBLE FOR ANY DIFFERENCES IN PRODUCT THAT YOU MAY NOTICE FROM THIRD PARTY PROVIDERS THAT WE HAVE GIFT WRAPPED AND SENT TO A DESTINATION YOU HAVE CHOSEN.

We ALWAYS have the right to choose substitute products for flowers depending on florist availability and price. Your purchase of flowers indicates we will make our best effort in purchasing an item that meets your price paid but this is not always possible. Your purchase of the "mixed" flower products indicates we can purchase ABSOLUTELY ANY FLOWER we deem appropriate for the occasion within the price point.