Welcome to the Terms and Conditions (the "Terms and Conditions") for the FTD Gold Membership Program ("FTD
Gold"). These Terms and Conditions govern the FTD Gold Membership Program, which is brought to you by FTD.COM, Inc.
Your use of the FTD.COM website and your Membership in the FTD Gold Program ("FTD Gold Membership") are
also subject to our
Privacy Policy. Your FTD Gold Membership
subjects you to these Terms and Conditions; please review these Terms and Conditions carefully.
1. MEMBERSHIP BENEFITS.
Your FTD Gold Membership entitles you (the "Member") to free shipping or no service fees on eligible
purchases. There is no minimum purchase requirement.
In addition, we may offer periodic Member-specific promotions, which we will notify you about via email to your email
address that you provide to us.
2. ELIGIBLE PURCHASES.
The FTD Gold Membership Program must be purchased online and applies to items purchased online after sign-in as a
Member as offered on the FTD Gold Membership website
www.ftd.com/gold
(“FTD Gold Membership website”). Once you become an FTD Gold Membership member you may purchase eligible
products via phone. It does not apply to items purchased without valid FTD Gold Membership sign-in. The FTD Gold Membership
Program is valid only for purchases of eligible products shown and available on FTD Gold Membership website only.
Certain items are excluded from eligibility, including but not limited to:
- For deliveries outside of the US the shipping fee or service fee will be waived but the $12.00 international fee
will be not be waived.
- Shipping fee up-charge for guaranteed AM delivery will not be waived.
- Any promotions, discounts or other benefits available on FTD partner or affiliate websites such as airlines,
credit card company memberships, other partner membership programs, discount directory loyalty programs with FTD or FTD
affiliate websites, or FTD.com direct mail and insert discount programs cannot be combined with FTD Gold Membership
benefits of free shipping or no service fees.
- Only items purchased directly via www.ftd.com/gold or via FTD Gold
Membership emails are eligible.
For the Free Shipping or No
Service Fee benefit to apply, your FTD Gold Membership account must be active at the time of purchase. There will be no
retroactive reimbursements for purchases made without an active FTD Gold Membership account.
3. FTD Gold MEMBERSHIP CONDITIONS.
Receipt of FTD Gold Membership benefits is limited to approved and active FTD Gold Membership account holders in good
standing with FTD.COM. We reserve the right, at our discretion, to accept or refuse FTD Gold Membership applications, and
to deactivate such Memberships if they fail to remain in good standing including but not limited to maintaining updated
information in connection with such Membership and payment of annual fees applicable to being a Gold Membership member.
Members must submit and maintain accurate and current user information in connection with their FTD Gold Memberships,
including name and email address. Members must be age 18 or older. Members can change their account information by updating
Member profile data through their account on the FTD website at www.ftd.com account.
FTD Gold Memberships are for individual use only and may not be used for purchases by or on behalf of others including
group purchases. Members may not use their FTD Gold Memberships for purchases made for the purpose of resale, other
commercial or for profit purposes.
FTD Gold Memberships are non-transferable or assignable.
If you make a purchase including some eligible items and some items that are not eligible for free shipping or no
service fee, you will be required to pay the shipping charges or service fee applicable for the ineligible items.
4. FTD GOLD MEMBERSHIP FEE.
The current annual FTD Gold Membership fee is disclosed on the pop-over describing the offer and is payable in advance
at time of joining. This annual fee is subject to increase at FTD's discretion at any time and would be disclosed on the
pop-over describing the offer at time of joining or if an existing FTD Gold Membership member, at time of renewal, and
would remain in effect for Member for one year after date of joining or renewal.
5. TERM; AUTOMATIC RENEWAL; BILLING.
The initial term of a FTD Gold Membership shall commence on the date it is purchased and continue until one year from the day the Membership was purchased. Each Membership will automatically renew each year for an additional one year period commencing on the day after the anniversary the Membership was purchased. The annual fee will be automatically charged at the then current FTD Gold Membership rate to the credit or debit card used when you joined the Membership Program, unless alternate card information has been provided by the Member. If the charge cannot be processed on the credit or debit card used to join the Gold Membership program, FTD may attempt to charge other active cards associated with your FTD account. If FTD is unable to process the charge for your FTD Gold Membership renewal fee, your Membership benefits will be suspended. Before charging your credit or debit card, we will send you an email notice that your card will be charged unless you elect to opt out of such renewal prior to your renewal date. You may opt out of auto-renewal at any time by signing into Your Account and changing your auto-renewal status.
6. CANCELLATION; TERMINATION.
You have the right to cancel your FTD Gold Membership at any time; however, you will not be entitled to a refund of
your FTD Gold Membership fee and your Membership terminates on the day you cancel. To cancel your FTD Gold Membership,
please call Customer Service at 800-SEND-FTD (1-800-736-3383) prior to the renewal date.
We may terminate any or all of the benefits available under the FTD Gold Membership program at any time with or
without notice. If we terminate the FTD Gold Membership program, at our option, we will either continue offering you your
FTD Gold Membership benefits until the expiration of your FTD Gold Membership term, or we will refund you a pro rata
portion of the FTD Gold Membership fee for the remaining portion of your FTD Gold Membership term
In addition, we may temporarily freeze and/or terminate your account if we suspect and as we determine within our sole
discretion, any abuse or fraudulent use of your FTD Gold Membership. We may not notify you in the event that we take any
such action, and you may not be entitled to a refund of your FTD Gold Membership fee. We reserve the right to refer
any matters involving fraud or other illegal conduct to law enforcement or other applicable agencies.
7. PRIVACY POLICY.
The information we collect about you will be subject to our Privacy Policy, as it may be amended from time to time.
You may view the current version of our Privacy Policy at any time by clicking here.
8. DISCLAIMERS; LIMITATION OF LIABILITY.
USE OF THE FTD GOLD MEMBERSHIP PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. FTD.COM, INC. AND ITS
AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY "FTD.COM") EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT WILL FTD.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES
OF ANY KIND ARISING OUT OF OR RELATED TO YOUR FTD GOLD MEMBERSHIP, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE
CANCELLATION OR TERMINATION OF YOUR FTD GOLD MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
9. GOVERNING LAW.
These Terms and Conditions are governed by, and construed in accordance with, the laws of the State of Delaware,
without regard to conflict of law principles.
10. BINDING
ARBITRATION. &nb
sp;
Any controversy or claim arising out of or relating to these Terms and Conditions (including any breach thereof) or
the FTD Gold Membership Program shall be settled by arbitration administered by the American Arbitration Association under
its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes),
and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such
controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy
of any other party. The foregoing shall not preclude FTD.COM, Inc. from seeking any injunctive relief in State or Federal
courts for protection of their respective intellectual property rights (including such rights of their respective
licensors).
11. ACKNOWLEDGMENT.
These Terms and Conditions and all documents referenced herein represent the entire understanding between FTD.COM and
any user of the FTD Gold Membership program. Membership in the FTD Gold Membership program is deemed to be acceptance of
these Terms and Conditions.
12. CHANGES TO THESE TERMS AND CONDITIONS.
We may change the terms of these FTD Gold Membership program Terms and Conditions at any time without notice to. Any
change shall take effect immediately, unless otherwise indicated. We may also increase the FTD Gold Membership fee at any
time; however, any fee increase will not apply to your FTD Gold Membership until your FTD Gold Membership is renewed. Your
continued membership in the FTD Gold Membership program after we change these Terms and Conditions constitutes your
acceptance of any and all changes.
