This membership agreement (the "Agreement") is made between Flowers Today, Inc., Blooms Rewards, LLC., a Virginia corporation with offices
located at 15405 John Marshall Highway, Haymarket, Virginia 20169 (hereinaftercalled "BR") and the person(s) specified on the Member Profile
(hereinafter called the "Member"), with respect to Member's participation as a member of Blooms Rewards Platinum Club operated by BR
(hereinafter called the "Service"). BR reserves the right to prevent any person from becoming a Member at its sole discretion for any reason.
The Service will initially consist of a portfolio of benefits designed to make the Member's Internet experiences more valuable. The benefits of the
Service and any information provided to Member are subject to change from time to time and without prior notice, and any services ordered are
subject to availability. Member may contact the Customer Service Department through the electronic mail address or the toll-free phone number
that appears on this Website in order to check whethera particular benefit is available through the Service. BR may revise these Terms of Service
from time to time and Members will be bound by such revised terms. Members are encouraged to regularly return to this website and review the
Terms of Service for any changes.
Eligible Blooms Rewards Platinum Club Members receive a $25 savings off the retail product cost on each order placed with Flowers Today, Inc.
Any promotions, discounts or other benefits available through Flowers Today, Inc, Blooms Today, Blooms Rewards, LLC, Blooms Rewards Platinum
Club or our affiliates cannot be combined with the Blooms Rewards Platinum Membership savings. A member's account must be in an active status
at the time the order is placed to receive the member savings. Any membership directly linked to a cancelled Flowers Today, Inc. order will be
cancelled automatically. Member will receive a cancellation notification via email to the email address provided at the time of enrollment. The $25.00
savings received as a credit for the order and the initial $9.99 membership fee will be automatically reversed to the member's credit card on file.
BR agrees to make the Service available to the Member during the term of this Agreement; provided that while BR intends to make the Service
available to Member 24 hours a day, 7 days a week, subject to scheduled maintenance shutdowns, there may be other times when the Service
may not be available. Accordingly, BR retains the right to make the Service unavailable from time to time for any reason. Member agrees that br
shall not be liable for any damages arising from any interruption, suspension or termination of service availability or defects in the operation of the
service. Membership in the Service is not transferable. Member agrees that the Service will be used only for his/her benefit. Any printed material
and software provided by BR is the exclusive property of BR and Member shall have no right in such material or software other than the limited right
to use such material and software as provided in these Terms of Service. Member is responsible for all use of this Service and will immediately notify
BR of any unauthorized or improper use of the Service membership. Member agrees to not publish, retransmit, broadcast or otherwise reproduce the
information or software in any medium. In order to use the Service and to qualify for any benefit or premium associated with the Service, Member must
be 18 years or older and a resident of the U.S., Puerto Rico, the U.S. Virgin Islands or Canada.
Member acknowledges that use of any particular benefit may be subject to additional terms and conditions ("Product Specific Terms of Service") that
Member will be required to agree to prior to the provision of, or access to, any such benefit. Member's use of the Service requires a user name and
password in order to gain access and use the Service. Member agrees to keep Member's user name and password private so that it cannot be used by
others. BR will not be liable for any damages, losses or expenses suffered by member or any third party as a result of any unauthorized person gaining
access to any of the member only areas.
The monthly membership fee of $9.99 is the amount to which Member agreed at the time of his or her enrollment (the "Membership Fee"). The
Membership Fee will be billed automatically to Member's designated credit card or preferred card (each a "Billing Device") for the initial membership
term and each renewal term based on members anniversary date. BR may change the Membership Fee for renewal terms from time to time.
Member will be notified of the charge for the Membership Fee in his/her Billing Device statement.
This Agreement will commence immediately and will conclude on the first day of the month following the Member's respective current term (monthly,
bi-monthly, quarterly, annual, or as appropriate) unless this Agreement is renewed or terminated on the terms set out in this Agreement. Any
time-related restrictions on benefits will be calculated from Member's join date.
Unless member notifies BR of his/her intention not to renew the membership prior to renewal by verbal notice left via voicemail message on the
customer service department's voice messaging system (if available), via a letter (offline) to the customer service department, via an online cancel
center (if available) or via an interactive voice response unit (if available), the membership and this agreement will be renewed automatically, effective
the first day following the conclusion of the then-current term. Member authorizes BR to bill the membership fee for each renewal term to the billing
device to which member's initial membership fee was billed or to the current billing device which br has in its files for member.
BR has the right to terminate this Agreement and the membership in the Service at any time for any reason if BR refunds to the Member the pro-rata
amount of the Membership Fee paid for the then-current monthly term. Moreover, BR has the right to terminate this Agreement if it is determined that
the Member provided an invalid credit card at the time he/she signed up. An invalid credit card may include a lost or stolen card; a card that is not
billable (a closed account or an account over its spending limit, for example); or an invalid account number. Member has the right to cancel the
membership to the service after the 21st day of enrollment. Cancellation is effective upon verbal notice left via a voicemail message on the customer
service departments voice messaging system (if available), via a letter (offline) to the customer service department, via an online cancel center
(if available) or via an interactive voice response unit (if available). Except in the case of special membership offers where refund provisions were not
specifically included at the time of enrollment.
Members cancelling the BR program after the first term of membership and after the recurring billing anniversary date of membership will
not be entitled to a pro-rata refund of the membership fee paid for the then-current term. Member will be entitled to use any benefits of
the service for the remainder of the current term and owe nothing further. Under the special membership offer, no refunds will be granted
during the first term of membership. The refund of the Membership Fee, if any, will be made by BR by (1) crediting the canceling Member's
Billing Device to which Member's initial Membership Fee was billed or to the current Billing Device that BR has in its files for Member or (2)
issuing, or having issued, a check and mailing it to the address indicated in the records from which the Member is billed. A canceling Member
choosing to receive a refund will not receive or be entitled to use any benefits or discounts of the service after the cancellation date. A canceling
member is prohibited from re-enrolling in the service for at least twelve (12) months from the cancellation date.
Any Member receiving a full refund of the first month's membership fee by request or a full refund of the first month's membership fee due
to a credit card company dispute or chargeback will have a full discount reversal for the BR savings received as a credit on the original order.
The charge will be applied to the Member's Billing Device to which Member's initial order was billed or to the current Billing Device that BR has
in its files for Member. Member will receive a confirmation of the BR purchase sent to the email address provided by the Member at time of sign up.
Member acknowledges that, while BR may be the provider of some services, BR may not be involved in actual transactions concerning some
services that will be provided directly by third party suppliers (each a "Supplier") to the Member. Member acknowledges that, in such circumstances,
BR has no control over the quality, safety, or legality of services advertised by Suppliers, the truth or accuracy of the listings or the ability of Suppliers
to sell services and that orders placed by Members through the Service and communicated to Suppliers are offers by Members to purchase services
from such Suppliers. BR cannot and does not control whether or not Suppliers will accept such offers or complete the sale of services they offer.
With respect to services provided by suppliers, BR will have no liability to member arising out of (i) the failure of any participating supplier of any
services to supply any such services on the terms offered, (ii) any delay in delivery of any services, regardless of the cause of such delay, or (iii)
any defective or nonconforming services.
Member expressly agrees that use of the service, and any product of service acquired through the service, is at its sole risk and that the service is
provided on an "as is" and "as available" basis.
BR makes no representations or warranty whatsoever, express or implied, with respect to any services, including that any such services will meet
member's requirements, and member acknowledges and agrees that other than expressly set forth in this agreement there are, with respect to
services, no express or implied representations, warranties or conditions of merchantability, fitness for a particular purpose, whether arising by
usage of trade, course of dealing, course of performance or otherwise. Member acknowledges that he/she is not relying on BR's skill or judgement
in selecting the services available to the member. br will not in any circumstance in any connection with this agreement, including with respect to any
services, be liable for any special, punitive, consequential, incidental or any other indirect damages whatsoever, including attorney's fees or costs or
any other economic loss whatsoever, however caused and whether or not foreseeable, or for contribution or indemnity in respect thereof, even if BR
has been informed in advance or ought reasonably to have known of the potential for such damages.
The entire liability of BR, and the exclusive recourse of the member, in the event of any claim(s) for which BR may properly be held liable under and
in any connection with this agreement, regardless of the form of action or basis of liability (including statue, contract, tort, negligence, gross negligence,
strict liability, breach of a fundamental term), shall be limited in the aggregate (regardless of the number of claims), to the actual proven direct
damages suffered by the member and shall not exceed the membership fees paid over the prior 12-month period, including awarded counsel fees
and costs. No legal action or proceeding arising out of this agreement, regardless of form or basis in law, may be brought by the member against BR
more than twelve (12) months after the facts giving rise to the cause of action have occurred, regardless of whether those facts by that time are known
to, or ought reasonably to have been discovered by, the member. The limitation of liability provisions of this agreement reflect an informed voluntary
allocation of the risks (known and unknown) that may exist in connection with the performance by BR of its obligations and responsibilities hereunder
and such voluntary risk allocation represents a material part of the agreement reached between the member and BR in respect of the service.
If member is not satisfied with any service purchased or obtained from a supplier through the service, including in the event that member has a
dispute with one or more suppliers, br hereby disclaims and member hereby waives any recourse to or against br and agrees to release and indemnify
br from and against any and all claims, demands, damages, losses, costs and expenses of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, suffered or incurred by member due to, arising out of or in any way connected with such disputes with
suppliers. BR in not liable for any expenses or overdraft fees incurred by the member's billing institution. Communications: Member hereby authorizes
BR to deliver any and all communications ("Communications"), including but not limited to membership information, procedures on use of the Service,
changes in Service benefits, and change in fee to Member's electronic mail address or mailing address at BR's discretion and by any other reasonable
means. Member further authorizes BR to deliver any Communication by sending in lieu of such Communication (the "Underlying Communication"), a notice
that directs Member to an address on the World Wide Web ("Web") where the Underlying Communication is posted. Member agrees that the sending of
a notice of delivery by Web posting shall constitute delivery whether or not Member actually accesses the Underlying Communication via the Web.
Member agrees that he/she will not, for any reason, alter any Communication delivered electronically or otherwise. BR does not guarantee Web access,
however BR offers Member various ways of accessing its customer service staff.
All sales, use and withholding taxes, if any, due and payable on the Service or any benefit will be paid by Member or the Supplier, as the case may be,
and BR will have no liability for such taxes. However, if BR or any taxing authority determines at any time that it is necessary for BR to collect such taxes,
Member authorizes BR to bill the amount of such taxes, including back taxes, to the Billing Device to which Member's initial Membership Fee was billed
or the current Billing Device which BR has in its files for Member.
In order to provide the Service to Member BR must collect and use and, in some cases provide to third parties, certain personal information provided
by Member and you hereby consent to the collection, use and disclosure of such personal information in accordance with and subject to the terms of
our Privacy Policy.
This Agreement, any Product Specific Terms of Service and the Offer Details is the entire understanding and agreement of the parties with respect to
the subject matter hereof and will supersede any and all prior oral or written communications, representations or agreements, other than with respect
to the initial Membership Fee and membership term to which Member agreed at the time of his or her enrollment.
If any of the terms or provisions hereof will be held to be invalid or unenforceable, the remaining terms and provisions hereof will not be affected
thereby. BR's failure to insist upon or enforce strict performance of any right or provision of this Agreement shall not constitute or be construed as a
waiver of any right or provision.
Member must notify BR of any change to his/her address, electronic mail address and/or Billing Device. The address, electronic mail address and
the toll-free phone number for the Service's Customer Service Department are available on the Website.
This Agreement may be assigned in whole or in part by BR at any time in its discretion. This Agreement may not be assigned by Member
This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its choice of law
principles. Member agrees to settle any disputes regarding Supplier products directly with the applicable Supplier and the applicable Product Specific
Terms of Service, and not involve BR in a dispute between Member and a Supplier. With respect to any disputes between BR and Member concerning
the Service or any BR supplied services, or with respect to disputes involving all of BR, Member and a Supplier, BR and Member herby agree to
irrevocably submit to the resolution of any such dispute to binding arbitration in the Commonwealth of Virginia administered by the American
Arbitration Association under its Commercial Arbitration Rules then in effect. Nothing herein will deprive Member of the benefits of any applicable
consumer protection laws, except to the extent lawfully waived by the terms hereof. Payment of the Membership Fee or acceptance or use of any of
the benefits or services of the Service will constitute the Member's acceptance of all of the terms and conditions of this Agreement.
© 2007 Flowers Today, Inc. This service is provided by Flowers Today, Inc.
