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Effective Date: September 8, 2017

FTD Gold Membership

 


 

A. FTD Gold Membership FAQs

1. What are the benefits of an FTD Gold Membership?
  • One Year of Benefits: Your FTD Gold Membership is valid for one year from the date of purchase or activation.
  • Free Standard Shipping/No Service Fees: FTD Gold Membership members pay no standard shipping charges on FTD flowers, plants and gifts shipped direct in a gift box and no service fees on florist designed and delivered bouquets ordered at www.ftd.com/gold when logged into your account. Please make sure to look for the designation on the product ordering page to understand that your FTD Gold benefits apply to the product – and to ensure you are at the www.ftd.com/gold page.
  • Reduced Same Day Service Fees: FTD Gold Membership pays a reduced amount to receive same day floral delivery, where available.
  • No Limit on Number of Orders: There is no limit on the number of orders you may make through your FTD Gold Membership during your membership year.
  • Exclusive Discounts and Promotions: Members may enjoy exclusive discounts and promotions through FTD Gold Member emails throughout the year.
2. How do I receive free standard shipping or no service fees on my order?
At checkout, simply make sure you are signed in to your FTD Gold Membership Personal Account and you will receive free standard shipping or no service fees on your order.

3. What does free standard shipping/no service fees include?
Free standard shipping/no service fees provides you with no additional charges shipping or service fees for orders placed prior to the stated deadline for next day or later delivery. There are exclusions described in further detail in Section 2 of the FTD Gold Terms.

4. Is a minimum purchase required to receive free standard shipping or no service fees through your Membership?
No. There is no minimum purchase required.

5. How long is my FTD Gold Membership active?
Your Membership is active for one year from the date of your purchase using your FTD Gold Membership. To check the status of your Membership, please go to your FTD Gold Membership Personal Account and sign in.

6. Do I have an FTD Gold Membership number?
The email address and password used to create your FTD Gold Membership Personal Account are your user ID and password for your FTD Gold Membership.

7. Can I update my email address?
Yes. Go to your FTD Gold Membership Personal Account, sign in and update your information on the Personal Info tab.

8. How does FTD Gold automatic renewal work?
You are automatically signed up for our convenient automatic renewal option to guarantee uninterrupted Member benefits. With automatic renewal, we'll renew your Membership automatically each year by charging the then current rate for FTD Gold Membership to the credit card you used when you joined the FTD Gold Membership Program, unless alternate credit card information has been provided by the Member. Before charging your credit card, we will send you an email notice that your credit card will be charged. We will charge your credit card unless you elect to opt out of such renewal as provided in the annual notice. You can cancel your automatic renewal at any time prior to the renewal date by emailing autorenew@FTDi.com.

9. Can I combine other discounts and promotions with my free standard shipping or no service fee FTD Gold Membership benefits?
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 standard shipping or no service fees. However, the free standard shipping or no service fee benefits can be combined with discounts shown on items purchased directly via www.ftd.com/gold or via FTD Gold Membership emails.

10. How will I know when my FTD Gold Membership expires?
We will contact you 30 days prior to the expiration date of your Membership. You can also log into your FTD Gold Membership Personal Account to check the status of your Membership at any time.

11. Can I receive FTD Gold Membership benefits at a local FTD Florist?
No. Membership benefits only apply to orders placed over the phone or on the FTD Gold Membership website, www.ftd.com/gold.

12. Are there any additional shipping charges that still apply to Gold Membership orders?
Yes, your FTD Gold Membership benefits only include free standard shipping. Therefore, there may be additional charges for certain delivery days, an additional fee due on international orders, and surcharges for special time deliveries such as guaranteed AM delivery. Please make sure to consult your billing and review page to review additional charges.


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B. FTD Gold Membership Terms & Conditions

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.

These Terms and Conditions (“FTD Gold Terms”) govern the FTD Gold Membership Program (“FTD Gold”), which is provided by FTD.COM Inc. through its www.ftd.com website.

Your use of the FTD.COM website and your membership in FTD Gold ("Membership") are also subject to our Privacy Policy. Your Membership is subject to these FTD Gold Terms; so, please review these carefully.

1. MEMBERSHIP BENEFITS.

Your Membership entitles you (the "Member") to free standard shipping or no service fees on eligible purchases as further described in these FTD Gold Terms and through any offer you reviewed when purchasing through FTD Gold, which such FTD Gold Terms and offer may be updated by FTD at any time. 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 Membership must be purchased online and the Membership benefits apply only to items purchased online after account sign-in through the FTD Gold website www.ftd.com/gold (“FTD Gold Website”). Once you become a Member, you may purchase eligible products via phone as well. The FTD Gold benefits do not apply to items purchased without first logging into your Membership account.

FTD Gold does not include the following benefits:

  • International Deliveries: For deliveries outside of the United States, the standard shipping fee normally charged for drop ship deliveries made through FedEx, UPS or USPS deliveries in the United States will be waived and the service fee for florist filled deliveries will be waived, but a standard international delivery fee will be charged. The international fee may vary and will be shown prior to final checkout.
  • Guaranteed Early Delivery: If you elect to receive guaranteed early delivery, an additional fee for guaranteed early delivery may be charged.
  • Sunday Delivery: An additional fee for deliveries shipped via FedEx, UPS, or USPS for delivery on Sunday will apply. The service fee for florist filled deliveries made on Sunday will be waived.
  • Holiday Delivery: Additional holiday deliveries fees may apply.

All fees will be shown on the final checkout page prior to order submission.

Any promotions, discounts or other benefits available on other FTD websites including, but not limited to, 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 the FTD Gold benefits of free standard 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 Standard 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 Member account holders in good standing with FTD.COM. FTD.COM reserves the right, at FTD.COM’s sole discretion, to accept or refuse FTD Gold membership applications, and to deactivate any Memberships if the Member fails to remain in good standing.

  • Members much maintain updated information in connection with their Membership and pay annual fees applicable to being an FTD Gold member.
  • Members must also submit and maintain accurate and current user information in connection with their Membership, 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.
  • 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 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 standard shipping or no service fee, you will be required to pay the applicable shipping charges or service fee for the ineligible items.

4. FTD GOLD MEMBERSHIP FEE.

The current annual Membership fee is disclosed on the pop-over describing the offer and again before you purchase. The fee is payable in advance, at time of joining. This annual fee is subject to change at FTD's sole discretion at any time and would be disclosed on the pop-over describing the offer at time of joining. If you are an existing Member, the annual fee will be disclosed with the notice of renewal. Any fee will remain in effect for Member for one year after date of joining or renewal.

5. TERM; AUTOMATIC RENEWAL; BILLING.

The initial term of FTD Gold 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 card used when you became a Member, unless an alternate credit card information has been provided by the Member. Before charging your credit card, we will send you an email notice that your credit card will be charged and your credit card will be charged unless you elect to opt out of such renewal as provided in the annual notice. You can cancel your auto renewal at any time prior to the renewal date by emailing autorenew@FTDi.com.

6. CANCELLATION; TERMINATION.

You have the right to cancel your Membership at any time; however, you will not be entitled to a refund of your annual fee and your Membership terminates on the day you cancel. To cancel your Membership, please call Customer Service at 800-SEND-FTD (1-800-736-3383) prior to the renewal date.

FTD.COM reserves the right to terminate any or all of the benefits available under FTD Gold at any time with or without notice. If we terminate FTD Gold, at our option, we will either continue offering you the benefits of FTD Gold until the expiration of your then current FTD Gold term, or we will refund you a pro rata portion of your annual fee for the remaining portion of your FTD Gold term.

In addition, we may temporarily freeze and/or terminate your account if we suspect any abuse or fraudulent use of your Membership, as FTD.COM determines in its own discretion. 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 annual 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 FTD GOLD AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. FTD.COM INC. AND ITS AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FTD.COM’S TOTAL AGGREGATE LIABILITY TO THE MEMBER ARISING FROM OR RELATED TO FTD GOLD SHALL NOT EXCEED THE AMOUNT OF THE ANNUAL FEE.

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 FTD Gold Terms are governed by, and construed in accordance with, the laws of the State of Illinois without regard to its conflict of law principles.

10. BINDING ARBITRATION / CLASS WAIVER.

(a) You and FTD.COM agree that all disputes, controversies and claims related to these FTD Gold Terms (each a "Claim"), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.

(b) YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND FTD.COM ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO FTD GOLD, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE FTD GOLD TERMS (COLLECTIVELY "DISPUTES"), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY "RULES AND PROCEDURES"). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

(c) Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case FTD.COM will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. FTD.COM also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.

(d) The arbitration may be conducted in Chicago, Illinois or, upon the plaintiff's request, in the city closest to plaintiff's location where AAA maintains an office, unless the parties agree otherwise in writing. The arbitrator's award shall be final and binding on all parties subject to these FTD Gold Terms and may be entered as a judgment in any court of competent jurisdiction.

(e) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

(f) Notwithstanding anything to the contrary herein, to the extent the Dispute arises from:

    (i) a violation of your or FTD's intellectual property rights in any manner;
    (ii) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and
    (iii) any claim for equitable relief;

then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the "Governing Law" section below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.

(g) To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.

(h) YOU AND FTD.COM AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

11. ACKNOWLEDGMENT.

These FTD Gold Terms and all documents referenced herein represent the entire understanding between FTD.COM and any user of FTD Gold program. Membership in the FTD Gold Membership program is deemed to be acceptance of these FTD Gold Terms.

12. CHANGES TO THESE TERMS AND CONDITIONS.

We may change the these FTD Gold Terms at any time without notice. Any change shall take effect immediately, unless otherwise indicated. We may also change 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 FTD Gold after we change the FTD Gold Terms constitutes your acceptance of any and all changes.



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