These Terms and Conditions (the “Terms”) govern the Teleflora Unlimited Program (the “Program”), which is provided by Teleflora LLC (“Teleflora”) through https://www.teleflora.com (the “Website”). Your use of the Website and your membership in the Program ("Membership") are also subject to our Privacy Policy.
Your Membership is subject to these Terms, so please review these carefully.
Your Membership entitles you (the "Member") to free standard service fees for up to two (2) bouquets per day (see below for exclusions) during the twelve (12) membership term.
In addition, Teleflora may, but is not required to, offer access to exclusive promotions to Program members, including, but not limited to, access to exclusive discounts, product launches and collections.
The above benefits may be modified in any manner by Teleflora at any time at its sole discretion.
The Membership must be purchased online. Membership benefits apply only to items purchased online after account sign-in through the Website. The Program benefits do not apply to items purchased online without first logging into your Membership account.
Program benefits exclude the following:All fees will always be shown on the final checkout page prior to order submission. Some promotions, discounts or other benefits available online at Teleflora or Teleflora-related websites (including, but not limited to, Teleflora partner or affiliate websites such as airlines, credit card company memberships, other partner membership programs, discount directory loyalty programs with Teleflora or Teleflora affiliate websites), offline via teleflora.com direct mail or insert discount programs, or through any other method, may not be combined with the Program benefits of free standard service fees. Certain products offered in connection with Teleflora partnerships may also be ineligible for the Program benefits at Teleflora’s sole discretion.
Only items purchased directly via the Website are eligible. Your Program Membership account must be active at the time of purchase. There will be no retroactive reimbursements for purchases made without an active Membership.
Teleflora reserves the right, at its sole discretion, to accept or refuse any Teleflora Program Membership applications.
The current annual Membership fee is disclosed at the “Billing & Review” page of the Checkout process. The fee is payable in advance at the time of joining. Teleflora may change the fee at any time in its sole discretion.
The initial term of your Membership shall commence on the date it is purchased and will continue for twelve (12) months.
You have the right to cancel your Membership at any time. Upon cancellation, you will not be entitled to a refund of any portion of your Membership fee, unless you have canceled the original order which accompanied your original purchase of the Membership and you have not received any benefit from the Membership as solely determined by Teleflora (an “Original Purchase Cancellation”). In the event of an Original Purchase Cancellation, you will be entitled to a full refund of the Membership fee.
Teleflora has the unfettered right to terminate any or all of the benefits available under the Program at any time with or without notice. If the Program is terminated, at our option, we will either continue offering you the Program benefits until expiration of your then current Program term, or we will refund you a pro rata portion of your Membership fee for the remaining portion of your Program term.
We may also temporarily freeze and/or terminate your account if we suspect any abuse or fraudulent use of your Membership, as we may determine in sole discretion. In such case, you may not be entitled to any refund (pro rata or otherwise) of your annual fee. We reserve the right to refer any matters involving fraud or other illegal conduct to law enforcement or other applicable agencies.
The information we collect about you will be subject to our Privacy Policy, as it may be amended from time to time. You may view the current version of our Privacy Policy at any time by clicking here.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR PARTICIPATION IN THE PROGRAM IS ENTIRELY OPTIONAL AND AT YOUR SOLE RISK. THE PROGRAM AND ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAM OR THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED THROUGH THE PROGRAM, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT (i) THE PROGRAM OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE PROGRAM WILL MEET YOUR REQUIREMENTS AND (ii) THE BENEFITS THAT MAY BE OBTAINED FROM YOUR PARTICIPATION IN THE PROGRAM OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS RECEIVED THEREIN OR THE QUALITY OF ANY SERVICES OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR PARTICIPATION IN THE PROGRAM OR ANY PRODUCT OBTAINED THROUGH THE PROGRAM; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE PROGRAM; OR (iii) ANY OTHER MATTER RELATING TO THE PROGRAM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. Unless otherwise provided herein, you and we agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the state of California.
Binding Arbitration
The sole and exclusive jurisdiction and venue for resolving any controversy or claim arising out of or relating to the Terms or the Program, including, without limitation, any dispute with respect to this arbitration provision, any claim in tort, or any claim for violation of any federal, state or local statute, or ordinance or regulation (collectively, “Disputes”), shall be through confidential binding arbitration in Los Angeles County, California. The arbitration shall be conducted by JAMS/Endispute (“JAMS”), whose rules applicable to such disputes shall be in force, and judgment or the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. There shall be one arbitrator to be mutually selected by the parties, and if the parties cannot so select, the arbitrator shall be appointed by JAMS. The fees of the arbitrator, administrative fees, and the other fees and costs of the arbitration, including, but not limited to, the cost of any record or transcripts of the arbitration, shall be advanced by the parties to the arbitration in equal portions, and, in addition thereto, each such party shall advance the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. THE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ARBITRABLE CONTROVERSY OR CLAIM.
Waiver of Class Arbitration
To the fullest extent permissible under applicable law, all Disputes shall be resolved by confidential binding arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise (“Class Arbitration”). You further acknowledge and agree that any arbitrator assigned to a Dispute lacks the authority to conduct Class Arbitration and that such arbitrator shall only hear individual Disputes. By using the Program, you acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute subject to arbitration under these Terms, such that you shall not be entitled to arbitrate any Dispute as a representative, a class action or in a private attorney general capacity.
We may change these Terms at any time without notice, except that we will provide notice in the event any material changes are made to these Terms. Any change shall take effect immediately, unless otherwise indicated. Your continued membership in the Program after we change the Terms constitutes your acceptance of any and all changes.
These Terms and all documents referenced herein represent the entire understanding between Teleflora and any participant of the Program. Membership in the Program is deemed to be acceptance of these Terms. Any failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to participation in the Program or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
