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Terms
of Use
THIS TERMS OF USE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE
AND CLASS ACTION WAIVER THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE
DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.
Terms of Use THIS TERMS OF USE AGREEMENT CONTAINS A BINDING ARBITRATION
CLAUSE AND CLASS ACTION WAIVER THAT IMPACTS YOUR RIGHTS ABOUT HOW
TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ
IT CAREFULLY.
1. General. Thank you for visiting FTD FLOWER EXCHANGE.
Florists' Transworld Delivery, Inc. (“FTD”) owns
and operates this Website at www.ftdflowerexchange.com (“Website”).
Your use of this Website and any of its information, content and
services available through this Website are subject to these terms
and conditions (“Terms of Use”) and the Privacy
Statement.
These
Terms of Use are current as of the Effective Date and was last revised
as of the date set forth above. We reserve the right to change these
Terms of Use from time to time. Please consult this portion of the
Website for important changes to the Terms of Use as FTD may, at
any time, and without notice, revise these Terms of Use by updating
this posting.
Please
read these Terms of Use carefully. By accessing or using the Website,
you are bound by these Terms of Use and any revisions; you should
therefore periodically visit this page to review the current Terms
of Use. Access or use of the Website following any change to the
Terms of Use constitutes your agreement to those changes. If at
any time you choose not to accept the terms of these Terms of Use,
you should not access or use this Website.
FTD may, at its sole discretion, and at any time, discontinue this
Website or any part thereof, with or without notice, or may prevent
your use of this Website (and any of its content) with or without
notice to you. You agree that you do not have any rights in this
Website and that FTD will have no liability to you if this Website
is discontinued or your ability to access the Website or any content
you may have posted on the Website is terminated.
2.
Authorized Users. You affirm that you are 13 years of age or
older. If you are under 13 years of age, you may not access or use
the Website absent the consent of a parent or guardian. Subject
to these Terms of Use, you may not access or use the Website if
you are unable to form a legal binding agreement with FTD.
3.
Legal Notices. We post legal notices on pages of the Website.
You shall not remove these notices or credits, or any additional
information contained along with the notices and credits. The Website
may contain references to trademarks, copyrighted materials, technologies,
products, processes and software and other proprietary rights of
FTD or other parties. No license to or right in any such trademarks,
copyrighted materials, technologies, products, processes, software
or other proprietary rights of FTD is granted to or conferred upon
you.
4.
FTD Content. Content on this Website that is provided by FTD,
its employees or its licensors, including original art work, graphics,
photographs, images, screen shots, text, music, digitally downloadable
files, video clips, trademarks, logos, product and character names,
slogans, and the compilation of the foregoing ('FTD Content')
is the property of FTD and its licensors, and is protected in the
U.S. and internationally under trademark, copyright, and other intellectual
property laws. You are authorized to access and use the Website
and related FTD Content; provided that: (a) your use of the Website
and FTD Content as permitted hereunder is solely for your personal,
non-commercial use; (b) you will not copy, distribute or transfer
any portion of the Website or FTD Content on any media without FTD's
prior written or electronic approval; (c) you will not alter, adapt
or otherwise modify any part of the Website or FTD Content other
than as may be reasonably necessary to use that part of the Website
or FTD Content for its intended purpose; and (d) you will otherwise
comply in full with these Terms of Use.
5.
Account. You are solely responsible for protecting the security
and confidentiality of your password, as applicable, and are accountable
for any activity undertaken through your FTD account. By providing
a credit card number to FTD, you authorize FTD to charge purchases
you make on the Website to your credit card.
6.
Security. You shall not violate or attempt to violate the security
of the Website. Violations of system or network security may result
in civil or criminal liability. FTD reserves the right to investigate
occurrences which may involve such violations and may involve and
cooperate actively with, law enforcement authorities in prosecuting
users who have participated in such violations.
7.
Communications. With respect to all communications with FTD,
including but not limited to feedback, questions, comments, suggestions
and the like: (a) you shall have no right to confidentiality in
your communications and FTD shall have no obligation to protect
your communications from disclosure; (b) FTD shall be free to reproduce,
use, disclose and distribute your communications to others without
limitation; and (c) FTD shall be free to use any ideas, concepts,
know-how, content or techniques contained in your communications
for any purpose whatsoever, including, but not limited to, the development,
production and marketing of products and services that incorporate
such information.
8. Sweepstakes. Promotions and Contests. We may from time
to time offer promotions, contests or sweepstakes. Please note that
the particular terms for any such promotions, contests or sweepstakes
or other features or activities may differ from the Terms of Use
of our Website. If different or additional terms apply, they will
be posted in a manner that makes it clear that such rules or terms
apply to the applicable service.
9. Privacy. Your privacy is important to us. Our Privacy
Statement is incorporated into, subject to and made part of these
Terms of Use. To review the FTD Privacy Statement, click here.
10.
Indemnity. You agree to indemnify and hold FTD and its agents
and licensors harmless from any claim or demand, including costs
or attorneys' fees, made by any third party due to or arising out
of User Content or other content you submit, post to or transmit
through the Website, your violation of these Terms of Use, or your
violation of any rights of another person or entity.
11.
Binding Arbitration.
(a) General. You and FTD agree that
all disputes, controversies and claims related to this Agreement
(each a 'Claim'), shall be finally and exclusively resolved by binding
arbitration, 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.
The arbitration will be conducted under the Streamlined Arbitration
Rules and Procedures of JAMS that are in effect at the time the
arbitration is initiated (the 'JAMS Rules') and under the terms
set forth in this Agreement. In the event of a conflict between
the terms set forth in this Binding Arbitration Section and the
JAMS Rules, the terms in this Binding Arbitration Section will control
and prevail. The arbitrator's decision shall be final, binding
on all parties and enforceable in any court that has jurisdiction,
provided that any award may be challenged if the arbitrator fails
to follow applicable law. The arbitration will be conducted in Chicago,
Illinois, unless the parties agree otherwise. You and FTD agree
that any arbitration shall be limited to the Claim between FTD and
you individually. YOU AND FTD 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.
(b)
Exceptions to Arbitration. You and FTD agree that the following
Claims are not subject to the above provisions concerning negotiations
and binding arbitration: (i) any Claim seeking to enforce or protect,
or concerning the validity of, any of your or FTD's intellectual
property rights; (ii) any Claim related to, or arising from, allegations
of theft, piracy, invasion of privacy or unauthorized use; and (iii)
any claim for equitable relief. 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.
(c) Arbitration Fees. If we are initiating arbitration for
a Claim, we will pay all costs charged by JAMS for initiating the
arbitration. All other fees and costs of the arbitration will be
charged pursuant to the JAMS Rules.
12.
Warranty Disclaimer. YOUR USE OF THE WEBSITE IS AT YOUR SOLE
RISK. FTD MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS.
THE WEBSITE AND ALL WEBSITE INFORMATION IS PROVIDED ON AN 'AS IS'
AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS,
STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY,
TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT,
OR SYSTEM INTEGRATION. FTD DOES NOT WARRANT THAT THE SITE WILL BE
AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY
SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
13.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL FTD BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY'S
FEES ARISING OUT OF OR RELATING TO THESE TERMS OR USE, ACCESS TO,
USE OF OR THE OPERATION OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE
REMEDY AND FTD'S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON
SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE WEBSITE.
14.
Limited Time to Bring Your Claim. You and FTD agree that any
cause of action arising out of or related to the Website or any
FTD Content must be commenced within one (1) year after the cause
of action accrues. Otherwise, such cause of action is permanently
barred.
15. Miscellaneous. Both you and FTD acknowledge and agree
that no partnership is formed, and neither of you nor FTD has the
power or the authority to obligate or bind the other. These Terms
of Use will be governed by and construed in accordance with the
laws of the State of New York without regard to conflicts-of-laws
principles. These Terms of Use operate to the fullest extent permissible
by law. If any provision of these Terms of Use is unlawful, void,
or unenforceable, that provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability
of any remaining provisions. If FTD fails to act with respect to
your breach or anyone else's breach on any occasion, FTD is not
waiving its right to act with respect to future or similar breaches.
These Terms of Use constitute a binding agreement between you and
FTD, and are accepted by you as a condition for your use of the
Website or your account. These Terms of Use constitute the entire
agreement between you and FTD regarding the use of the Website and
the FTD Content.
16.
Questions or Concerns. If you have any questions or concerns,
please contact us.
Send an email to: ftdflowerexchange@ftdi.com
Call us toll-free at: 1-800-767-4000, 8AM-8PM EST Monday to Friday,
or 9AM-2PM EST Saturday
Privacy
Statement
Thank
you for visiting FTD FLOWER EXCHANGE. Florists' Transworld Delivery,
Inc. ("FTD") is committed to respecting your privacy.
This Privacy Statement outlines our use of personal information
collected on our Website at www.ftdflowerexchange.com ("Website").
The practices outlined herein are incorporated by reference into
the Terms of Use for the Website.
This
Privacy Statement is current as of the Effective Date. We reserve
the right to change this Privacy Statement from time to time.
Please consult this portion of the Website periodically for important
changes to the Privacy Statement as FTD may, at any time, and
without notice, revise this Privacy Statement by updating this
posting.
Please read this Privacy Statement carefully. By accessing or
using the Website, you are bound by these terms and conditions
and any changes to these terms and conditions; you should therefore
periodically visit this page to review the current Privacy Statement.
Access or use of the Website following any change to this Privacy
Statement constitutes your agreement to those changes. If at any
time you choose not to accept the terms of this Privacy Statement,
you should not access or use this Website.
Please
continue reading below for information on how use and disclose
your personal information.
1.
Personal Information
We
Collect In order to use certain features of the Website or make
purchases with FTD, we require you to register and provide certain
personal information about yourself. Such information may include,
but is not limited to, your name, your company name, contact information
including shipping address, telephone number, email address, billing
address, credit card number and expiration date and your account
username and password. We collect your information so that we
can:
Process your orders
Confirm your identify for payment authorization
Help you track the status of your order
Ship orders to your business address
Send
you news from FTD Flower Exchange
Generate statistics for marketing and sales analyses
Provide you with the best possible shopping experienc
Once we gather your name and address, this information is transferred
to your credit card company for confirmation to complete your
purchase. Your shipping information will be supplied to one or
more vendors. We also share your information with our floral and
gift vendors for the sole purpose of delivering your orders.
2.
How We Use Personal Information
FTD
may store and process personal information in order to facilitate
your use of the Website and to identify you when you log in to
our Website. We may also use the personal information we collect
to better understand our users and to tailor and enhance our Website.
FTD may also store or process personal information using contractors,
subcontractors and vendors (collectively, 'FTD Third Parties')
and their agents or employees. All of our FTD Third Parties are
required to protect the privacy of your personal information in
the same manner as set forth in this Privacy Statement. FTD is
not responsible for the protection of any personal information
provided by you to third parties or other Websites even if you
reach such third parties or other Websites through hyperlinks
to the Website.
As indicated on the Website, FTD may also send you an on-line
newsletter, e-mail communications or promotional offers to the
email address provided at the Website as well as certain promotional
offers. If you do not want to receive such e-mails from us, please
follow the instructions provided in the body of such e-mails or
please contact Customer Service at http://www.ftd.com/custserv/contact.epl.
We
may supplement the information you provide to us with data we
receive from third parties, such as marketing firms or address
verification services. For example, if you change your address
and fail to advise us we may verify your address through a third
party address verification company.
3.
Personal Information
Processed
in the United States Our computer systems are currently based
in the United States where data protection and privacy regulations
may be different than other parts of the world, such as the European
Union. As a visitor from outside the United States, if you provide
us with your personal information, you will have agreed to the
terms of this Privacy Statement and our Terms of Use and you will
have consented to processing of all such information in the United
States, which may not offer an equivalent level of protection
in certain other countries.
4.
Non-Personally Identifiable Information
While
you use our Website, we may collect and aggregate anonymous information
from you including but not limited to your demographic data, browser
type, your Internet Service Provider or operating system, the
URL of previous Websites you visited, and your IP address. We
may share this information, which does not personally identify
you, with our third party marketing partners, affiliates or agents
for various administrative and marketing purposes.
We
use your IP address to help diagnose problems with our server,
and to administer the Website. We may also use your IP address
to identify you when we feel it is necessary to enforce compliance
with this Privacy Statement or the Terms of Use or to protect
our services, Website, systems, information, employees, business
partners, service providers, users, customers or others.
5.
Cookies
We
may collect information from you by using cookies. A cookie is
a small text file stored on your computer containing information
about you. Cookies help us analyze web traffic, provide user data
for a particular webpage, and allow web applications to be responsive
to you as an individual. This helps us tailor our operations to
your specific needs and preferences by gathering and remembering
information about your preferences.
Most
web browsers automatically accept cookies. If you would prefer
to prevent your computer from accepting our cookies, please follow
your Internet browser's steps for doing so. However, if you do
disable cookies, you may not be able to take full advantage of
all our online features or access certain sections of our Website.
6. Disclosures and Onward Transfers
We
will not disclose, trade, rent, sell or otherwise transfer your
personal information without your consent except as otherwise
set out herein.
To
enable us to more efficiently operate the Website, we may share
your personal information with selected third parties who are
acting on our behalf as our agents, suppliers, or providers. You
acknowledge that the collection, transfer, storage, and processing
of your personal information may be undertaken by these selected
third parties for the purposes for which the data was collected.
Our service providers are given the information they need to perform
their designated functions, and they are not authorized to use
or disclose personal information for their own marketing or other
purposes.
There are also business and/or legal reasons we may be required
to disclose your personal information.
As
an example, we may transfer information we have about you to third
parties in connection with a merger, sale or acquisition involving
all or part of our company, or as part of a corporate reorganization
or stock sale or other change in corporate control. If we undergo
such a business transition, your personal information may be one
of the assets affected.
We
may also be required by law to provide your personal information
to law enforcement or a government agency in response to a search
warrant, subpoena or other legally valid inquiry or order, or
to an investigative body. We may also disclose your personal information
where necessary for the establishment, exercise or defense of
legal claims, to protect our interest or preserve our rights,
or as otherwise permitted or required by law.
7.
Security
We
use procedural and technological security measures which are reasonably
designed to help protect your personal information from unauthorized
access or disclosure, consistent with industry standards.
We
use encryption, passwords, and physical security measures to help
protect your personal information against unauthorized access
and disclosure. However, it is always possible that third parties
will unlawfully intercept or access transmissions or defeat these
measures. Therefore, we do not promise and cannot guarantee (and
thus you should not expect) that your personal information can
never be viewed and/or used by others. FTD is not responsible
for these unauthorized uses, thus you should be careful about
the information you make available when using our Website.
8. Children
Our
Website is not directed at children under the age of 13 and we
do not knowingly allow anyone under 13 to provide us with any
personal information. If you are under the age of 13,
do not use this Website. Children should always get permission
from their parents before providing any information about themselves
online, to us or to anyone else.
If
parents believe their minor children have accessed this Website
and provided their personal information, please contact us. We
will delete the child's personal information in accordance with
relevant laws and regulations.
9.
Other Sites
Our
Website may contain links to other sites that FTD does not own
or operate. Links to our Website may also be featured on third
party Websites on which we advertise.
We
provide links to third party Websites as a convenience to you.
These links are not intended as an endorsement of or referral
to the linked Websites. We recommend you carefully read the privacy
statements, notices and Terms of Use of any other Websites that
you visit. We do not have any control over such Websites, and
therefore we assume no responsibility or liability for the manner
in which the organizations that operate such linked Websites collect,
use or disclose, secure or otherwise treat your personal information.
10.
Complaints
FTD
takes your privacy concerns seriously. If you believe we have
not complied with this Privacy Statement with respect to your
personal information, please contact Customer Service at http://www.ftd.com/custserv/contact.epl.
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