Blooms Rewards Membership Terms & Conditions
This Membership agreement (the "Agreement") is made between Flashfirst, LLC., with offices located at 15405 John Marshall Highway, Haymarket, Virginia 20169 (hereinafter called "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 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 whether a 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.
Blooms Rewards Members will receive a $25 discount off the displayed product cost for each item purchased. The discount is applied on the initial order placed with Flowers Today, Inc. Any Membership directly linked to a canceled Flowers Today, Inc. order will be canceled automatically. Member will receive a cancellation notice via email to the email address provided at the time of enrollment. Member is limited to one discount per lifetime of the Membership. A canceling Member is prohibited from re-enrolling in the service for at least twelve (12) months from the cancellation date.
Active Members receive a $25 savings on all additional orders placed with Flowers Today, Inc. Any promotions, discounts or other benefits available through Flowers Today, Inc. cannot be combined with the Blooms Rewards Membership savings. A Member's account must be in an active status at the time the order is placed to receive the Member savings.
Membership and Use:
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 username 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, an enrolling Member paying with a debit card with a Visa or Mastercard emblem will work like a credit card (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 via a letter (offline) to the customer service department or via an online cancel center (if available) or via speaking directly to a customer service representative 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 7th day of enrollment via a letter (offline) to the customer service department or via an online cancel center (if available) or via speaking directly to a customer service representative. Cancellation is effective 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 or discount 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.
Disclaimer of Warranties and Limitation of Liability:
Member acknowledges that he/she is not relying on BR's skill or judgment 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.
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.
Use of Information:
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
Governing Law and Disputes:
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 hereby 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.