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TERMS OF USE

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Last updated September 25, 2024

1-800-FLOWERS.COM® (“1-800-Flowers.com”) or the Company, (as defined below), and
its Affiliates (as defined below) (together with 1-800-Flowers.com, “us,” “we,”
and “our”), welcome you to our family of brands website located
at www.1800flowers.com  and to the websites of our Affiliates that link to these
Terms of Use (collectively, the “Website”). These terms of use (“Terms of Use”)
govern your use of: (i) our Website, (ii) our mobile applications (“Apps”),
(iii) our social media applications and/or platforms (such as our Facebook
applications), (iv) any of our merchandising channels, including, but not
limited to, internet, telephone, text messaging (SMS and MMS), catalog, radio,
television, or Company-owned retail stores, and (v) any of our products and/or
services that are made available to you through any of the foregoing
(collectively, (i), (ii), (iii), (iv) and (v), together, the "Service"). The
goal of the Service is to provide access to our wide selection of floral, plant,
gift basket, gourmet food, gift, events, and other products and services, as
well as, information and ideas, to as wide an audience as possible. To ensure a
safe, pleasant environment for all of our users, we have established these Terms
of Use. In this way, you will know what you can expect from us and what we
expect from you.

THESE TERMS OF USE ALSO APPLY TO ALL MERCHANDING CHANNELS OF THE COMPANY AND ITS
AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG,
RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA AND PARTICIPATING RETAIL STORES.
BY ACCESSING ANY OF THE COMPANY MERCHANDING CHANNELS, AND ANY AREAS OF THE
SERVICE, YOU AGREE TO BE LEGALLY BOUND, AND TO ABIDE, BY THESE TERM OF USE.
PLEASE BE AWARE THAT THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT
AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.

Age Restrictions

You must be 18 years or older and the age of majority in your place of residence
to use, subscribe, or register as a member of (or 21 years or older in the event
that you place a request for transmission of an order for a product containing
alcohol) our Services.

Some of the products marketed by us contain wine (alcoholic beverage) products.
You must be an adult (21 years or older) to place a request for a wine product
order, which we will then forward to our designated licensed retailer or winery
for acceptance, sale and processing. Similarly, the recipient of your wine
product order must be 21 years or older to accept delivery. The shipping carrier
shall require identification, age verification and signature of an adult at the
time of delivery. By placing your request for a wine product order you certify
under penalty of law that you and the intended recipient are at least 21 years
old. Any willful misrepresentation of your, or the recipient's, age, to
unlawfully obtain an alcoholic beverage is a crime and the Company will
cooperate with authorities to prosecute you and the recipient to the fullest
extent of the law.

Ownership, Trademarks and Patents

Our Website and the Service is operated by 800-Flowers, Inc. with offices at Two
Jericho Plaza, Suite 200, Jericho, New York 11753 (the "Company").
1-800-Flowers.com, Inc., or one of its Affiliates, own the following trademarks,
listed here. "Affiliates" are those persons or entities directly or indirectly
controlling, controlled by, or under common control with 800-Flowers, Inc. One
or more patents may apply to this Website, including without limitation: U.S.
Patent Nos. 5,528,490; 5,761,649; 7,908,173; and 7,908,176. All other
third-party trademarks, product names, and company names and logos appearing on
the Service are the property of their respective owners.

Disclaimers and Limitation of Liability

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE
FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS
AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS
("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS
("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE, OR AS TO THE ACCURACY,
RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE
PROVIDED THROUGH THE SERVICE; EXCEPT THAT THE COMPANY DOES GUARANTEE (THROUGH
ITS "100% SMILE GUARANTEE") THAT YOUR FLORAL ARRANGEMENT WILL STAY FRESH FOR
SEVEN DAYS AFTER DELIVERY AND THAT OUR FOOD STUFF PRODUCTS WILL BE WHOLESOME AND
FREE OF SUBSTANTIAL DEFECTS, AND IF THEY ARE NOT, THE COMPANY'S SOLE MAXIMUM
LIABILITY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO EITHER REFUND
THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER, OR TO REPLACE AND DELIVER AN
EQUIVALENT FLORAL ARRANGEMENT OR FOOD STUFF PRODUCT, AS APPLICABLE, AS SOON AS
REASONABLY PRACTICABLE.

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, THE SERVICE
IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY
DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY
DELIVERED INFORMATION GIVEN BY THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS,
LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY WHATSOEVER.

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, TO THE
FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS
AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING,
DISTRIBUTING, MARKETING, OR SELLING THE SERVICE, PRODUCTS, SERVICES OR THIS
WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT
FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO
RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR
SERVICES.

UNLESS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE
FULLEST EXTENT PERMITTED BY LAW, ALL PRICES AND DISCOUNTS FOR ANY AND ALL
PRODUCTS OR SERVICES OFFERED FOR SALE ("OFFERS') ARE EXCLUSIVE OF APPLICABLE
SERVICE AND SHIPPING CHARGES, FEES, SURCHARGES, AND FEDERAL, STATE AND LOCAL
TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY
RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS
AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS.
PROMOTIONAL OFFERS (AS DEFINED BELOW) ARE LIMITED TO ONE PER CUSTOMER ORDER, ARE
NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. PRICES
AND CHARGES DISPLAYED ON OUR WEBSITE MAY DIFFER FROM PRICES THAT ARE AVAILABLE
IN STORES OR IN CATALOGS, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. VOID WHERE
PROHIBITED.

THE COMPANY RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT
AND PROCESS ANY AND ALL CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE, AND REFUSE
THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, DISCOUNTS, INCLUDING
BUT NOT LIMITED TO, ANY AND ALL SAVINGS PASSES, REWARD PASSES, REWARDS CARDS,
POINTS, AWARD CARDS, APPRECIATION AWARDS, COUPON CODES, GIFT CARDS, GIFT
CERTIFICATES, CELEBRATIONS PASSPORT®  MEMBER BENEFITS, AND ANY AND ALL OTHER
SIMILAR DEVICES AND PROMOTIONAL OFFERS OR CAMPAIGNS (“PROMOTIONAL OFFERS”) IN
THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR
ABUSE ASSOCIATED WITH SAID PROMOTIONAL OFFERS OR CUSTOMER ORDERS.

YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL SERVICES, INCLUDING,
WITHOUT LIMITATION, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH ALL
PROMOTIONAL CHANNELS OF THE COMPANY’S SERVICES AND THAT OF ITS AFFILIATES
INCLUDING, BUT NOT LIMITED TO, THE INTERNET, WEBSITE, TELEPHONE, CATALOG, RADIO,
TELEVISION, MOBILE DEVICE, MOBILE APPS, SOCIAL MEDIA PLATFORMS AND PARTICIPATING
RETAIL STORES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Third Party Service Providers

Some aspects of the Service may be dependent upon third party service providers,
such as a wireless carrier or social media platform. We do not control such
third-party service providers and are not responsible or liable for their acts
or omissions. In addition, such third-party service provider may have their own
terms, policies and guidelines. You should become familiar with all such terms,
policies or guidelines prior to using the Service through such third-party
service provider.

When you opt-in to any of the 1-800-FLOWERS.COM® family of brands’ marketing,
promotional, and delivery notification text messaging services, including SMS
and MMS (collectively the “SMS Service”), we will send you an SMS message to
confirm your signup. Message frequencies and short codes may vary by brand. You
may cancel the SMS Service at any time. Reply “STOP” to cancel and “HELP” for
assistance. The SMS Service is provided by participating third-party mobile
phone/wireless carriers. Message and data rates may apply. If you have any
questions regarding your text or data plan, please contact your mobile
phone/wireless carrier. Carriers are not liable for delayed or undelivered
messages. If you have any questions regarding the Company’s SMS Service, please
use our Contact Privacy form to reach the Privacy Support team.

Platform providers, such as Apple, Inc. and Google, Inc., that make our mobile
App or Apps available for download ("Platform Providers") are not parties to
these Terms of Use. Platform Providers have no obligation whatsoever to furnish
any maintenance and support services with respect to the Apps. In the event of
any failure of an App to conform to the warranties herein, you may notify the
applicable Platform Provider, and such Platform Provider may refund any
purchases made through the App (if applicable). To the fullest extent permitted
by law, Platform Providers will have no other warranty obligation whatsoever
with respect to an App. You acknowledge that Platform Providers are not
responsible for addressing any claims relating to an App or your possession
and/or use of an App, including, but not limited to: (i) product liability
claims; (ii) any claim that the App fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation. The Platform Providers are third party beneficiaries of
these Terms of Use, and Platform Providers will have the right (and will be
deemed to have accepted the right) to enforce these Terms of Use against you as
a third-party beneficiary thereof. You represent that you are not located in a
country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting” country; and you
are not listed on any U.S. Government list of prohibited or restricted parties.

We may provide links and pointers to Internet sites maintained by others
(“Third-Party Sites”) that are not affiliated with us and may be located in
different countries and that may be subject to different regulatory and other
legal requirements. These links and pointers are only for your convenience and
therefore you access them at your own risk.

Substitutions

Substitutions are sometimes necessary if a specific floral or food item is
unavailable, or the quality of the item available does not meet our strict
quality standards. If, after taking an order, an item becomes unavailable, we
may substitute an item of equal or greater value. With any substitution, we
strive to create an exceptional gift.

Proprietary Rights

You acknowledge that the Service contains information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds, and other
material (collectively "Content") that is protected by patents, copyrights,
trademarks, or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective work under the U.S.
copyright laws, and the Company or its Affiliates or other third-party licensors
may own a copyright in the selection, coordination, compilation, arrangement,
and/or enhancement of such Content. You may not modify, remove, delete, augment,
add to, publish, transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit, for monetary gain or otherwise,
any of the Content, in whole or in part. If no specific restrictions are
displayed, you may use the Content only for your personal non-commercial use and
make copies of select portions of the Content, provided that the copies are made
only for your personal use and that you maintain any notices contained in the
Content, such as all copyright notices, trademark legends, or other proprietary
rights notices. Except as provided in the preceding sentence or as permitted by
the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.
Section 107), you may not upload, post, reproduce, or distribute in any way
Content protected by copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other propriety right. In addition
to the foregoing, use of any software Content shall be governed by the software
license agreement accompanying such software.

Third Party Content on the Website

The Company is a distributor and not a publisher of the Content supplied by
third parties on the Service. Any opinions, advice, statements, services,
offers, or other information that constitutes part of the Content expressed or
made available by third parties, including Providers, Merchants, Sponsors,
Licensors, or any user of the Service, are those of the respective authors or
distributors and not of the Company or its Affiliates or any of its officers,
directors, employees, or agents. NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD
PARTY, INCLUDING ANY ASSOCIATES, OR ANY OTHER USER OF THE SERVICE, GUARANTEES
THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

In many instances, the Content available through the Service represents the
opinions and judgments of the respective Associate, subscriber, customer, or
user, whether or not under contract with the Company. The Company neither
endorses nor is responsible for the accuracy or reliability of any opinion,
advice, submission, posting, or statement made on the Service by anyone other
than authorized Company employees. Under no circumstances shall the Company, or
its Affiliates, or any of their respective officers, directors, employees, or
agents, be liable for any loss or damage caused by your reliance on any Content
or other information obtained through the Service. It is your responsibility to
evaluate the information, opinion, advice, or other Content available through
the Service.

Accessibility Statement

The Company is committed to making our Website's content accessible and user
friendly to everyone. If you are having difficulty viewing or navigating the
content on the Website, or notice any content, feature, or functionality that
you believe is not fully accessible to people with disabilities, please call us
at 1-800-356-9377 or email our team at Accessibility@1800flowers.com with
“Disabled Access” in the subject line and provide a description of the specific
feature you feel is not fully accessible or a suggestion for improvement. We
take your feedback seriously and will consider it as we evaluate ways to
accommodate all of our customers and our overall accessibility policies.
Additionally, while we do not control such vendors, we strongly encourage
vendors of third-party digital content to provide content that is accessible and
user friendly.

Copyright Agent

The Company respects the rights of all copyright holders and has adopted a
policy that provides for the termination of user privileges and membership in
appropriate circumstances of users who infringe the rights of copyright holders.
While we reserve the right to terminate the access of users who infringe or
otherwise violate the rights of others in our sole discretion, if you are a
repeat offender, your access will be suspended or terminated. If you believe
that your work has been copied in a way that constitutes copyright infringement,
please provide the Company’s Copyright Agent (identified below) with the
following information required by the Digital Millennium Copyright Act, 17
U.S.C. Section 512:

a. A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed; b. Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site; c. Identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material; d.
Information reasonably sufficient to permit us to contact the complaining party;
e. A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and f. A statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.

The Company's Copyright Agent for notice of claims of copyright infringement on
or regarding this Website can be reached as follows:

Copyright Agent

Attn: COPYRIGHT AGENT 1-800-FLOWERS.COM, INC. Two Jericho Plaza Suite 200
Jericho, NY 11753 Telephone: (516) 237-6000 Facsimile: (516) 433-2184 Email:
copyrightagent@1800flowers.com

User Submissions

The Company does not claim ownership of any Content you submit or make available
for inclusion on the Service. However, with respect to all such Content,
including, without limitation, creative ideas, suggestions, product and service
reviews, content, postings, artwork, material or other submissions that you
send, upload, transmit, post, submit or otherwise make available to us, whether
via the Service, email, feedback, a public forum, social media, or otherwise
(collectively, "User Submissions"), you hereby grant the Company and its
Affiliates the worldwide, perpetual, royalty-free, irrevocable, transferable,
non-exclusive right to use, communicate, reproduce, publish, display, perform,
modify, alter, adapt, translate, sublicense, distribute, create derivative works
from, commercialize, and exploit such User Submissions in any manner, including
on the Service or any other web sites, in television programs, on radio, in
books, magazines, articles, commentaries, and in any other medium now known or
later developed without your consent. You also warrant that you own or otherwise
control all of the rights to any User Submissions you submit or post on or to
the Service or otherwise transmit to the Company and that our public posting and
other public or private use of such User Submissions will not infringe the
rights of any third party. You acknowledge that you are not entitled now, or in
the future, to any compensation for any User Submissions you may submit or post.

No User Submissions, regardless of how they may be marked, will be received by
us in confidence, nor shall they be subject to any express or implied obligation
of confidentially. Neither the Company, nor its Affiliates, nor their respective
officers, directors, agents or employees shall be liable for any use or
disclosure of any User Submissions.

Except as otherwise specifically set forth to the contrary herein, and to the
fullest extent permitted by law, you and your successors and assigns hereby
waive any and all rights and remedies you may have against the Company, or its
Affiliates, or any of their respective officers, directors, employees, or agents
now or in the future, and hereby release the Company, its Affiliates, and any of
their respective officers, directors, agents and employees from any and all
claims, demands, actions, causes of action, damages, obligations, losses and
expenses of whatever kind, in each case relating to your providing, posting,
transmitting or making available through the Service any User Submissions to the
Company, and the Company’s receiving, evaluating, and utilizing the User
Submissions.

In addition, the Company may, in our sole discretion, at any time and without
prior notice to you, suspend or terminate your participation in any public forum
or any other portion of the Service, or the subscription or registration of any
user who violates any of these Terms of Use, any of the rules, regulations or
guidelines, or for any other behavior that we in our sole discretion believe is
in breach of these Terms of Use.

Use of Public Forums

A "public forum" means any publicly accessible message board, chat room,
discussion group, folder, survey, contest, sweepstakes, user review and rate
forum, live event, or other interactive service or promotion on or accessible
via the Service, and includes both public boards and folders. You must use,
subscribe, or register in accordance with instructions that you will find on the
Service in order to participate or contribute to any public forum. You may not
submit or post on any public forum, or send to any other public forum user or
our employees, any material that is unlawful, harmful, threatening, abusive,
harassing, defamatory, invades a person's privacy, violates any intellectual or
other property rights, or is vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically, or otherwise objectionable, including but not
limited to any material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law. You agree not to use any false
e-mail address, impersonate any person or entity, or otherwise mislead as to the
origin of a communication or other Content, or attempt to do any such acts. You
may not use any public forum in a commercial manner. You may not submit or post
material that solicits funds, or that advertises or solicits goods or services.
You may not submit or post any User Submissions or material that you know, or
should have known, to be false. You may not submit or post messages regarding
stocks or other securities. You may not submit, post, or transmit any
information, software or other material that contains a virus or other harmful
component.

The Company is not responsible for any User Submissions or material appearing in
any public forum on the Service, except for Content created by one of our
identified authorized representatives. We do not screen User Submissions for
libel, obscenity, invasion of privacy, copyright or trademark infringement,
accuracy, or for any other reason. We retain, however, the rights set forth
below in The Company's Rights section

Distribution/Uploading by Users of Third Party Content

Except as otherwise set forth in these Terms of Use, you agree not to upload to
or otherwise distribute on the Service any Content created or owned by others
which is subject to any copyright or other proprietary rights of any third
party. The unauthorized submission or distribution of copyrighted or other
proprietary third-party Content is illegal and could subject you to personal
liability for damages. You, not the Company or any Associate, will be liable for
any damages resulting from any infringement of copyrights or proprietary rights,
or from any other harm arising from such submission by you.

Compliance with Laws and Export Regulation

You agree to use the Content and this Service in compliance with all applicable
laws, rules and regulations and in a manner that does not, in the sole judgment
of the Company, negatively reflect on the goodwill or reputation of the Company
or any of its Affiliates.

The U.S. export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
You agree to abide by these laws and their regulations, including but not
limited to the Export Administration Act and the Arms Export Control Act, and
not to transfer, by electronic transmission or otherwise, any Content derived
from the Service to either a foreign national or a foreign destination in
violation of such laws.

The Company's Rights

The Company is not responsible for screening, policing, editing, or monitoring
Content (including User Submissions). The Company (or its Affiliates) may elect,
but is not obligated, to monitor, electronically or otherwise, areas of the
Service and may disclose any Content (including User Submissions), records, or
electronic communication of any kind and information you provide to the Company
or its Affiliates, through the Service or otherwise, including all merchandising
channels, (i) when we believe disclosure to be appropriate to comply with any
law, regulation, or government or law enforcement request or to comply with
judicial process; or (ii) if such disclosure is necessary or appropriate to
operate the Service and/or the overall business of the Company and its
Affiliates; or (iii) to protect the rights or property of the Company, users of
the Service, Affiliates, subscribers, customers, recipients, Sponsors,
Providers, Licensors, or Merchants. Subject to the "Copyright Agent" provisions
above, if notified of allegedly infringing, defamatory, damaging, illegal, or
offensive Content, the Company may investigate the allegation and determine in
its sole discretion whether to remove or request the removal of such Content
from the Service.

The Company reserves the right to prohibit or remove conduct, communication, or
Content (including User Submissions) from the Service, including any part
thereof, for any or no reason, including, without limitation, Content that it
deems in its sole discretion to be harmful to users of the Service, subscribers,
customers, recipients, Associates, content or service providers, the Company or
its Affiliates, or any rights of the Company or any third party, or to violate
any applicable law. Notwithstanding the foregoing, neither the Company, nor its
Affiliates, or Associates, can ensure prompt editing or removal of questionable
Content after online posting. Accordingly, neither the Company, nor its
Affiliates, nor any of their respective officers, directors, employees, agents
or employees, nor any Provider, Merchant, Sponsor, or Licensor shall assume
liability for any action or inaction with respect to conduct, communication, or
Content (including User Submissions) on the Service.

Online Conduct

Any conduct by you that in the Company's sole discretion restricts, impedes, or
inhibits any other user from using or enjoying the Service will not be
permitted. You agree to use the Service in accordance with these Terms of Use
and only for lawful purposes. You agree that you will not use the Service to
send unsolicited advertising, promotional material, or other forms of
solicitation to other users, except in specified areas, if any, that are
specifically designated for such a purpose. You shall not attempt to modify,
reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to
reduce to a human-perceivable form any of the source code used by us in
providing the Service. Additionally, you are prohibited from violating or
attempting to violate any security features of the Service. The provisions of
these Terms of Use are for the benefit of the Company, its Affiliates and the
Service Providers, Merchants, Sponsors and Licensors, and each shall have the
right to assert and enforce such provisions directly against the violator on its
own behalf.

Purchases

The payment terms displayed on our Service (which may differ from Affiliate to
Affiliate) are a part of these Terms of Use and govern all services and products
offered through any Service.

Privacy Notice

We recognize and respect the importance of maintaining the privacy of our users,
customers and subscribers and have established a privacy notice as a result. In
our Privacy Notice, which constitutes part of these Terms of Use, we describe
why we gather information from users, customers, and subscribers, what
information we collect, how we collect it, what we use the information for and
how you can instruct us if you prefer to limit the use of information about you.
We encourage you to read our Privacy Notice.

Loyalty Programs and Promotion Offers

From time to time, the Company and its Affiliates offer loyalty programs and
Promotional Offers under various names to our customers, members, visitors and
users. In addition to the terms and conditions set forth in the Terms of Use,
these loyalty programs and Promotional Offers may be subject to their own
specific and additional terms and conditions displayed on the marketing
materials and also at  Celebrations Passport®  and freshgift.com. Please be sure
you have read and understand all of the terms and conditions of the loyalty
programs and Promotional Offers before you purchase any of the products or
services offered in association with these loyalty programs and Promotional
Offers.

Indemnity

Except as otherwise specifically set forth to the contrary herein, and to the
fullest extent permitted by law, you agree to indemnify, defend and hold
harmless the Company, its Affiliates and any of their respective officers,
directors, employees or agents, from and against any and all liability, claims,
costs and expenses (including, without limitation, reasonable legal fees and
expenses), brought by any third party alleging, arising, related or resulting
from (i) your use (or use by any third party using your account) of the Service,
including in violation or breach of the Terms of Use, (ii) your User
Submissions, (iii) your violation of any rights of a third party, or (iv) your
violation of any applicable law, rule or regulation. This indemnification
obligation will continue after you stop using the Service. We reserve the right,
at our own expense, to assume the exclusive defense and control of any claim or
matter otherwise subject to indemnification by you at your expense, and you
shall not in any event settle or otherwise dispose of any claim or matter
without our prior written consent.

Termination of Usage; Updates to Service

The Company may terminate your access, or suspend your access to all or part of
the Service, without notice, for any reason or no reason, including conduct that
the Company, in its sole discretion, believes is a violation or breach of these
Terms of Use, is in violation of any applicable law or is harmful to the
interests of another user, customer, recipient, subscriber, a third-party
Associate, content or service provider, the Company or its Affiliates.

We will not be liable if, for any reason, all or part of the Service is ever
unavailable. We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof), with
or without notice. We undertake no obligation to update, amend, or clarify
information on the Service, except as required by law. Please remember when
reviewing information on the Service that such information may not represent the
complete information available on a subject. In addition, subsequent events or
changes in circumstances may cause existing information on the Service to become
inaccurate or incomplete.

On occasion, information on the Service may contain errors. We reserve the right
to, at any time without prior notice, correct any errors, inaccuracies, or
omissions, and to change or update information (including after you have
submitted your order).

Severability

If any term or other provision of these Terms of Use are deemed by a final court
of competent jurisdiction to be invalid, illegal or incapable of being enforced
by any rule of law, or public policy, all other terms, conditions and provisions
of these Terms of Use shall nevertheless remain in full force and effect to the
maximum extent permitted by law. Upon such determination that any term or other
provision is invalid, illegal or incapable of being enforced, the court shall
modify only the affected term, condition or provision to effect the original
intent of the parties as closely as possible so that the contemplated
transactions are fulfilled and the Company and its Affiliates are protected to
the greatest extent possible.

Governing Law, Waiver of Jury Trial & Arbitration; CLASS ACTION WAIVER

The Service is controlled by the Company from its offices within the United
States of America. The Company makes no representation that this Service or the
Content is appropriate or available for use in other locations, and access to
them from territories where Content is illegal is prohibited. Those persons and
entities that choose to access this Service from other locations do so on their
own initiative and are responsible for compliance with applicable local laws.

You agree that any and all claims, disputes, controversies, actions or
proceedings relating to, or arising out of, the creation, production,
manufacture, distribution, promotion, marketing, advertising (including oral and
written statements), use of, exploitation, or sale of any and all products and
services of the Company and its Affiliates, through all merchandising channels,
including, but not limited to, the internet, this Service, telephone, catalog,
radio, television, mobile device, social media platforms, and participating
retail stores or the Content (collectively referred to as "Claims"), shall be
governed by the internal substantive laws of the State of New York without
regard to its conflict of laws principals and that any and all Claims shall be
resolved exclusively by final and binding arbitration administered by the
American Arbitration Association ("AAA") or by a state small claims court of
competent jurisdiction over the Claim and the parties. Any Claim you may have
must be commenced within one (1) year after such Claim arises.

You agree that: (i) any arbitration shall be conducted before a single
arbitrator pursuant to the applicable Rules and Procedures established by the
AAA; (ii) any arbitration shall be conducted on submission, telephonically or at
a location determined by the AAA pursuant to the Rules and Procedures of the
AAA; (iii) an arbitrator shall have the authority to award actual direct damages
only with no authority to issue any fines and penalties nor award punitive
damages or equitable relief; (IV) EXCEPT AS SET FORTH BELOW IN SUBPART (VI),
THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY
TRIAL, (V) YOUR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND YOU SHALL
NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY, OR AS A MEMBER
OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION, AND
THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE OR JOIN THE CLAIMS OF
OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED AND MAY ONLY RESOLVE
CLAIMS, AND RENDER AWARDS BETWEEN YOU AND THE COMPANY AND ITS AFFILIATES ALONE;
and (vi) you may elect to bring your claim in a state small claims court of
competent jurisdiction over the claim and the parties. With the exception of
subpart (v) above, if any part of this arbitration provision is deemed invalid,
unenforceable or illegal, or otherwise conflicts with the Rules and Procedures
of the AAA, then same shall be stricken and the balance of this arbitration
provision shall remain in effect and construed accordingly. For more information
on the AAA and its Rules and Procedures, you may visit the AAA website
at www.adr.org.

Notice for New Jersey Residents

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT
(“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written
contract that includes any provision that violates any clearly established legal
right of a consumer, or responsibility of a seller, as established by state or
federal law. Consequently, and for the avoidance of doubt, no provision in these
Terms of Use shall apply to any consumer in New Jersey if the provision violates
any such clearly established legal right or responsibility, including, but not
limited to, grounds for redress under or in the event of: (i) seller’s tortious
actions (e.g., negligence, failure to exercise a basic standard of care, failure
to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products
Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to
refrain from manufacturing and selling dangerous products, with the possibility
of punitive damages for violations thereof); (iii) the New Jersey Punitive
Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue
punitive damages in the event of harm caused by actual malice, wanton and
willful disregard, reckless indifference); (iv) the New Jersey Uniform
Commercial Code (i.e., a comprehensive statutory regime governing the rights and
duties of buyers and sellers with respect to contracts for the sale of goods,
with the possibility of damages for economic and property harm); and (v)
seller’s failure to reasonably protect against harm arising from certain
criminal acts of third parties (e.g., computer hacking and identity theft, as
regulated by the Federal Trade Commission and the Federal Communications
Commission, and as governed by the New Jersey Identity Theft Protection Act,
N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A.
56:8-3, et seq.). In addition, under the TCCWNA, no consumer contract may state
that any of its provisions is or may be void, unenforceable or inapplicable in
some jurisdictions without specifying which provisions are or are not void,
unenforceable or inapplicable in New Jersey. With respect to these Terms of Use,
in the section on Limitations of Liability, the provision concerning the
exclusion or limitation of certain damages is not applicable in New Jersey with
respect to punitive damages, loss of data, and loss of or damage to property.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Service are
entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 1625 North Market
Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or
(800) 952-5210.

Acknowledgment and Changes

These Terms of Use, together with our Privacy Notice, and all other documents
incorporated herein by reference, represent the entire understanding between you
and the Company regarding your relationship with the Company and supersede any
prior statements or representations. You will not assign any of your rights or
delegate any of your obligations under these Terms of Use without our prior
written consent. YOU AGREE TO BE BOUND BY THESE TERMS OF USE by accessing any
areas of the Service via the Internet, or using the telephone, catalog, radio,
television, mobile device and Company-owned retail stores. Our failure to insist
upon or enforce strict performance of any provision of these Terms of Use shall
not be construed as a waiver of any provision or right. We may send you
responses or notices by e-mail, posting via the Service, or written
communication sent by the U.S. Postal Service. You agree that all agreements,
notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.

Please note that our Mobile Apps are available to be downloaded within the
United States and Canada.

We reserve the right to change the Terms of Use at any time. If we make any
change to the Terms of Use, we will post those changes on this Website, or any
other appropriate page, and they will become effective upon the later of 1) the
date specified by the Company, if any, or 2) the posting. By accessing the
Service after changes are made to the Terms of Use and posted on the Service,
you agree to be legally bound, and to abide, by the amended terms.



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