Effective: May 23, 2016
Welcome to harryanddavid.com (“Website”). This Website is owned by Harry & David. Cushman’s Fruit Company, Harry and David, Harry & David, and Wolferman’s are DBAs of Harry and David, LLC.
You must be 18 years of age or older to use, register for an account, transmit/submit/post any content, material or personally identifiable information, or place an order on this Website, and you must be 21 years of age or older to order, purchase or receive delivery of wine products. By submitting information through the Website you represent that you meet these age restrictions. Harry & David provides you with access to and use of the Website subject to your compliance with these Terms. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in these Terms.
All of the content you see on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Harry & David, one of its affiliates or by third parties who have licensed their materials to Harry & David. The entire content of the Website is copyrighted as a collective work under U.S. copyright laws, and Harry & David owns a copyright in the selection, coordination, arrangement, and enhancement of the content. The content of the Website, and the Website as a whole, are intended solely for personal, noncommercial use by the users of the Website. You may only download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and services contained here. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Harry & David reserves complete title and full intellectual property rights in any content you download from the Website. No joint venture, partnership, employment or agency relationship exists between Harry & David and you as a result of these Terms or your use of the Website.
All content that you post on this Website or otherwise disclosed, offered or submitted to Harry & David or any of our brands shall be and remain Harry & David's property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any content shall constitute an assignment to Harry & David of all worldwide rights, titles and interests in all copyrights and other intellectual property in the content. Harry & David is and shall be under no obligation to maintain any content you post, offer, disclose or submit to Harry & David in confidence or to pay to user any compensation for any such content.
Except as otherwise provided herein, use of the Website does not grant you a license to any content, features or materials you may access on the Website and you may not copy, download, reproduce, modify, rent, lease, loan, sell, publish, transmit, transfer, distribute or create derivative works of such content, features or materials, in whole or in part unless you first obtain written permission from Harry & David. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Harry & David. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Website.
One or more patents may apply to this Website, including, without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
Below is a non-exhaustive list of trademarks and service marks owned by Harry & David. All third party trademarks, product names, and company names and logos appearing on this Website are the property of their respective owners.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Harry & David on or by the Website or otherwise disclosed, submitted or offered to Harry & David (collectively, “Comments”) shall be and remain Harry & David’s property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to Harry & David of all worldwide rights, titles and interests in all copyrights and other intellectual property in the Comments. Harry & David is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments.
You agree that no Comments submitted by you to Harry & David will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
You may not use unlawful, obscene, profane, threatening, etc., language or content in any message sent to a third-party through the use of any of the various Harry & David messaging services available to customers (“Message”), including, without limitation, gift messages, greeting cards, Gift e-Nouncement® messages, and messages sent when forwarding product information. Examples of the kinds of conduct or content that are prohibited in a Message include:
We may, but are not obligated to, restrict or remove any and all content from a Message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Harry & David customers, or any third party.
From time to time there may be information on the Website, in an email to you or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Harry & David reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
If you register for an account with the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur using your account or password.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Harry & David has no control over such sites and resources, Harry & David is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Harry & David shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Harry & David reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any linked site. Permission must be granted by Harry & David for any type of link to the Website. To request our permission, you may write to Harry & David at the address below. We reserve the right to deny any request or rescind any permission granted by us to link through any type of link and to require termination of any link to the Website at our discretion at any time.
Some of the products displayed on the Website or in our catalog are available in select Harry & David stores. In some cases, merchandise displayed for sale on the Website or in our catalog may not be available at Harry & David stores. The prices displayed on the Website or in our catalog are quoted in U.S. Dollars and are valid and effective only in the U.S.
We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
THIS WEBSITE IS PROVIDED BY HARRY & DAVID ON AN "AS IS" AND "AS AVAILABLE" BASIS. HARRY & DAVID MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HARRY & DAVID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HARRY & DAVID DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM HARRY & DAVID ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER HARRY & DAVID, ITS CORPORATE PARENT(S), OR AFFILIATES, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold Harry & David and its corporate parent(s) and affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website, your violation of these Terms or your posting or transmission of any materials on or through the Website.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.
You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of your posting on or through the Website. Harry & David specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:
Violations of system or network security may result in civil or criminal liability. Harry & David will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:
Harry & David controls and operates the Website from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
If you access the Website from locations outside the United States you agree that any information you provide to or though the Website may be processed in the United States.
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. Consequently, and for the avoidance of doubt, no provision in these Terms shall apply to any consumer in New Jersey if the provision violates any such clearly established legal right or responsibility, including, but not limited to, grounds for redress under or in the event of: (i) seller’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) seller’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). In addition, under the TCCWNA, no consumer contract may state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. With respect to these Terms, in the section on Limitations of Liability, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.
To contact our Harry & David brands, with any questions or concerns in connection with these Terms or the Website, or to provide notice to Harry & David, you can email, call, fax, or write to us at the following:
Harry & David:
Cushman’s Fruit Company:
Our toll-free customer service lines are available 5:00am–9:00pm PST Monday–Friday, and 6:00am–8:00pm PST on Saturday and Sunday (subject to change).
©2012, Harry and David, LLC. All rights reserved.