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.
\r\n\t\t\tYour 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.\r\n
\r\n 1. MEMBERSHIP BENEFITS.
\r\n 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.
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\r\n In addition, we may offer periodic Member-specific promotions, which we will notify you about via email to your email \r\n address that you provide to us.
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\r\n 2. ELIGIBLE PURCHASES.
\r\n 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 \r\n (“FTD Gold Membership 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.
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\r\n FTD Gold does not include the following benefits:\r\n \r\n
\r\n - 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.
\r\n - Guaranteed Early Delivery: If you elect to receive guaranteed early delivery, an additional fee for guaranteed early delivery may be charged.
\r\n - 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.
\r\n - Holiday Delivery: Additional holiday deliveries fees may apply.
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\r\n All fees will be shown on the final checkout page prior to order submission
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\r\n\t\t\t\t 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.\r\n\t\t\t\t \r\n\t\t\t\t Only items purchased directly via
www.ftd.com/gold or via FTD Gold Membership emails are eligible.\r\n\t\t\t\t \r\n\t\t\t\t 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.\r\n\t\t\t\t \r\n 3. FTD Gold MEMBERSHIP CONDITIONS.
\r\n 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.
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\r\n - Members much maintain updated information in connection with their Membership and pay annual fees applicable to being an FTD Gold member.
\r\n - 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.
\r\n - 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.
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\r\n\t\t\t\t - FTD Gold Memberships are non-transferable or assignable.
\r\n\t\t\t\t \r\n\t\t\t\t - 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.
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\r\n 4. FTD GOLD MEMBERSHIP FEE.
\r\n 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.
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5. TERM; AUTOMATIC RENEWAL; BILLING.
\r\n 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 or by visiting your
FTD Gold Membership Personal Account and updating your auto-renewal status to \"opted out.\"
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\r\n 6. CANCELLATION; TERMINATION.
\r\n You have the right to cancel your FTD Gold Membership at any time; however, you will not be entitled to a refund of \r\n your FTD Gold Membership fee and your Membership terminates on the day you cancel. To cancel your FTD Gold Membership, \r\n please call Customer Service at 800-SEND-FTD (1-800-736-3383) prior to the renewal date.
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\r\n 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.
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\r\n 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.
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\r\n 7. PRIVACY POLICY.
\r\n The information we collect about you will be subject to our Privacy Policy, as it may be amended from time to time. \r\n You may view the current version of our Privacy Policy at any time by
clicking here.
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\r\n 8. DISCLAIMERS; LIMITATION OF LIABILITY.
\r\n 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.
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\r\n 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.COMS TOTAL AGGREGATE LIABILITY TO THE MEMBER ARISING FROM OR RELATED TO FTD GOLD SHALL NOT EXCEED THE AMOUNT OF THE ANNUAL FEE.
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\r\n 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.
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\r\n 9. GOVERNING LAW.
\r\n These Terms and Conditions are governed by, and construed in accordance with, the laws of the State of Illinois, \r\n without regard to conflict of law principles.
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\r\n 10. BINDING ARBITRATION/CLASS WAIVER.
\r\n (a)\tYou 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.
\r\n\t\t\t\t (b) \tYOU 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. \r\n\t\t\t\t (c)\tPayment 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. \r\n\t\t\t\t (d) \tThe 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. \r\n\t\t\t\t (e) \tFor 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. \r\n\t\t\t\t (f) \tNotwithstanding anything to the contrary herein, to the extent the Dispute arises from:
\r\n\t\t\t\t (i)\ta violation of your or FTD's intellectual property rights in any manner; \r\n(ii) \tany claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and \r\n(iii) \tany claim for equitable relief;\r\n\t\t\t\tthen 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.\r\n\t\t\t\t(g) \tTo 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. \r\n\t\t\t\t(h) \tYOU 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.\r\n\r\n
\r\n 11. ACKNOWLEDGMENT.
\r\n 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.
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\r\n 12. CHANGES TO THESE TERMS AND CONDITIONS.
\r\n We may change the these FTD Gold Terms at any time without notice, except that we will provide notice in the event any material changes are made to these FTD Gold Terms. 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.\r\n
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