Terms of Use Same Day Rose, LLC
Last Updated: March 24, 2025

Introduction

Welcome to Same Day Rose, LLC or (the “Company” or “SDR”) terms of service, which includes the website, platform, users, any mobile applications, and affiliates, affiliate websites and delivery services. By accessing and using the Same Day Rose, LLC you agree to follow and be bound by the Terms of Service (“Terms”). (“SDR Website Terms of Use”) To use our service you agree to all Terms of Use. This agreement includes a binding arbitration clause and a class action waiver, so please read it carefully.

Account Creation

All persons, users, customers  must be at least 18 years old to use the company Platform and Service. Creating an account requires providing a username, password, active email address, physical mailing address, and phone number. Submitting false or materially inaccurate information may result in account termination and prosecution under the law. Users of the SDR platform may not create multiple accounts or authorize others to use their account. Violation of these terms may lead to account termination and prohibition from further access or use of the Service.

Submissions

The Company may use all Submissions (comments, feedback, information, and data) as its property for any purpose. By providing Submissions, users grant the SDR all worldwide rights, title, and interest in copyrights and other intellectual property rights to said Submissions. The Company shall be free to use and/or disseminate Submissions at its discretion.

Users must not post Submissions that are defamatory, abusive, harassing, threatening, or an invasion of privacy. The Company reserves the right to remove any Submission that violates these Terms of Use, identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when it believes in good faith that such identification or disclosure will either facilitate compliance with laws, help enforce these Terms of Use, or protect the safety or security of any person or property, including the Service.

Same Day Rose cannot ensure that the Service content is complete, accurate, or current. The Company reserves all rights in and to the Content not expressly granted to users. Users shall have no rights to the Materials, and they shall not use the Company for improper purposes, including any purpose inconsistent with its business.

Privacy and Security

The Company values your privacy and security. Please review our Privacy Policy, which explains how we handle your personal information. By using the SameDayRose.com Service and Platform you consent to its collection and use of your information as described in the Privacy Policy.

Termination

Same Day Rose, LLC may terminate or suspend your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately stop. SDR may dispose of any files or data associated with your account in its sole discretion.

Refund Policy

Same Day Rose is here to help you connect, express, share, and celebrate with the ones you care about. We understand that a beautiful rose can brighten someone’s day, and we strive to ensure every order delivers your very special feeling. However, we also recognize that sometimes, despite our best efforts, things may not go exactly as planned.

If your recent order didn’t quite meet your expectations, we want to assure you that we are here to help. We value your satisfaction and are committed to addressing your concerns. We do not offer refunds or guarantees but we will redeliver your same exact package if it was damaged. Please email us at; info@samedayrose.com with the subject “Damaged.”

Disclaimer of Warranties

THE COMPANY, THE PLATFORM OR SDR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SAME DAY ROSE UNDERSTAND USE IS “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SAME DAY ROSE DOES NOT PROVIDE ANY WARRANTIY OF A ROSE, FLOWER OR WRITTEN CARD OR GURANTEE THE FLOWER TO THE RECIEPIENTS LIKING.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY OR ANY COMPANY AFFIELATE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, PRODUCT, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification

You agree to indemnify, defend, and hold harmless the Same Day Rose, LLC, SDR the company, its officers, directors, employees, agents, any and all florists anddelivery services and its employees and suppliers from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your use of the Service or your violation of these Terms or any third-party rights. Any and all disputes shall be mediated and serviced in Santa Clara County, California.

Changes to Terms

The Company may modify these Terms at any time. From time to time, we make changes to our terms of use, we will notify you by revising the date at the top of this page. The modified Terms will be effective immediately upon posting. By continuing to access or use the Service after the revisions become effective, you agree to be bound by these terms and the revised Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California excluding its conflict of law principles.

Data Breach

Same Day Rose strives to maintain professional maximum security of its platform and personal information to the extent permitted by law, SDR shall not be liable for any direct website attack whether it be indirect, incidental, special, consequential, or punitive damages arising from any data breach or security incident affecting a User, Buyer or Customer’s data, including but not limited to loss of revenue, loss of profits, or damage to reputation. Said, user and or customer hereby waives any and all legal action arising from any said breach.

Entire Agreement

These Terms constitute the entire agreement between you and the Same Day Rose, LLC regarding the use of the Service. Any failure of Same Day Rose, LLC to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Contact Information

If you have any questions about these Terms of Service, please contact us by email at SameDayRose@gmail.com

Conclusion

Please read these Terms carefully before using the Service. By using the Same Day Rose, SDR, the Company, the platform, the Same Day Rose’s its affiliates, you agree to any all of the Terms of Service including the indemnification clause above. If you do not agree to these Terms, we are sorry but please do not use our service. These terms may be updated or modified periodically, so we recommend checking this page regularly. Your continued use of the Same Day Rose’s service, its platform, its affiliates and advertising indicate your acceptance of such changes.

Same Day Rose, LLC the company is committed to providing a safe, respectful, and truthful environment for all users. By adhering to these Terms, you contribute to creating a positive experience for everyone using the Same Day Rose service and platform for that special someone.

Thank you for choosing our company’s roses, flowers and add-ons as your choice for same day delivery of what we call the world’s best roses and delivery service.