Terms of Use

 

1800FlowersCarlePlace.com and 1-800-FLOWERS.COM® welcome you to our service. The
service includes the Web Site located at www.1800flowersCarlePlace.com (the "Web Site"), use
our mobile applications, place orders through social media applications (such as our Facebook
App) (collectively, the “Services”). The goal of the Service is to provide access to our wide
selection of floral, plant, gift basket, gourmet food, and gift 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 only
apply to the online Services to which it is linked.

Note: 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 1-800-FLOWERS.COM® and
1800FLOWERSCARLEPLACE.com (or 21 years or older in the event that you place a request for
transmission of an order for a product containing alcohol).

Some of the products marketed by 1-800-FLOWERSCARLEPLACE.COM 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 of your order. 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, in order to unlawfully
obtain alcoholic beverage is a crime and 1-800-FLOWERS.COM® and
1800FLOWERSCARLEPLACE.COM will cooperate with authorities to prosecute you and the
recipient to the fullest extent of the law.

THESE TERMS OF USE 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 TERMS OF USE.

Ownership, Trademarks and Patents

1800FLOWERSCARLEPLACE.COM and 1-800-FLOWERS.COM® and the Service are owned
by 1-800-FLOWERS.COM, INC. with offices at One Old Country Road, Suite 500, Carle Place,
New York 11514 (the "Company"). 1800FLOWERSCARLEPLACE.COM and 1-800-
FLOWERS.COM® and the below listed trademarks are owned by 1-800-FLOWERS.COM, INC.
or one of its Affiliates. "Affiliates" are those persons or entities directly or indirectly controlling,
controlled by, or under common control with the Company. One or more patents may apply to this
Web Site, 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.

A-DOG-ABLE®
AIR-RANGEMENT®
AMBROSIA®
AMERICA'S BUSINESS FLORIST®
APPLE MARTINI BOUQUET®
BALLOON BOUTIQUE®
BIRTHDAY FLOWER CAKE®
BLOOMIN’ CUPCAKE®
BLOOMIN’ CUPCAKES®
BLOOMLINK®
BLOOMLINK® (& Design)
BLOOMNET®
BLOOM OF THE MONTH®
BOUQUET OF FRUITS®
CAFE BOUQUET®
CALL 1-800-FLOWERS®
CARMARSH®
CELEBRATE… DELICOUSLY®
CELEBRATIONS®
CHERYL&CO®
CHERYL’S®
CHERYL’S® (& Design)
CHERYL’S BROWNIES®
CHERYL'S COOKIES®
CONROY’S®
CONROY'S FLOWERS® (Stylized logo with
Conroy's in the Flower box logo design)
CONROY'S FLOWERS®
CONROY'S 1-800-FLOWERS® (stylized
Flower box logo design)
COOKIE JOYS®
COOKIES FOR A'S®
COOK IT! CLUB®
COSMOPOLITIAN BOUQUET®
CRISPYJOYS®
CUPCAKE IN BLOOM®
DEBUTANTES®
DESIGNPAC®
DESSERT OF THE MONTH CLUB®
DIRECT FROM THE TASTING ROOM TO
YOU®
DOGGONE GOOD!®
800-BASKETS®
800-CANDIES®
800 CESTAS®
800-FLORIST®

JULEP CUP BOUQUET®
JUST CALL OUR NAME®
KEY TO MY HEART®
KUDOS BOUQUET®
KULTURAL KUDOS®
LET US ARRANGE A SMILE FOR YOU®
LOTSA LOVE®
LOVE PEACE POPCORN® (& Design)
LOVE POTION®
MAD LAB®
MAMA MOORE'S BAKESHOP®
MARGARITA BOUQUET®
MINI MARGARITA BOUQUET®
MISS GRACE LEMON CAKE CO.®
MISS GRACE LEMON CAKE CO.® (& Design)
MRS. BEASLEY’S®
MRS. BEASLEY’S® (Stylized)
MRS. BEASLEY’S® (& Design)
MUGABLE®
NATIONAL FLORIST®
900 CESTAS®
900 ENVIAR®
900 EXPRES®
900 LAROSA®
900 RELAGO®
FLORES®
O!CCASSIONS®
OLDE SWEET SHOPPE®
100% SMILE GUARANTEE® (& Design)
1-800-BASKETS.COM®
1-800-CANDIES.COM®
1-800-FLEURISTE®
1-800-FLOWERS®
1-800-FLOWERS® (Stylized logo design w/
flower box)
1-800-FLOWERS® (with Tulip Design)
1-800-FLOWERS.CA®
1800FLOWERS.COM®
1-800-FLOWERS.COM®
1-800-FLOWERS.COM® (Stacked Logo in
color)
1-800-FLOWERS.COM® (Linear Logo in color)
1·800 FLOWERS.COM® (& Tulip logo)
(Tulip Logo) 1·800 FLOWERS.COM®
1·800·FLOWERS.MOM®
1-800-GIFTHOUSE®

800-FLOWERS®
800 ENVIAR®
800-GOODIES®
800-GROWERS®
E-MMEDIATE GIFT®
EXPRESSIONS EXCHANGE®
EXPRESSIONS OF FLOWERS®
FANNIE FARMER®
FANNY FARMER®
FANNY FARMER® (w/ portrait design)
FANNY FARMER OLD TIME HOME MADE
CANDIES®
FANNY FARMER® (Stylized)
FANNIE MAY®
FANNIE MAY® (Stylized)
FANNIE MAY KITCHEN FRESH CANDIES®
FF® (Stylized)
FIELDS OF THE WORLD®
FINE STATIONERY®
FLEUR DE CHOCOLATE®
FLORAVERSITY®
FLORIOLOGY®
FLOWER COUNTRY®
FLOWER COUNTRY USA®
FLOWERS®
FREECALL 1800FLOWERS AUSTRALIA
WIDE®
(& Design)
FRESH®
FRESH CONNECTION®
FRESH FLOWER HAPPY HOUR®
FRESH FORUM®
FRESH FROM OUR GROWERS®
FRESH FRUIT FROM BOUQUETS OF
FRUITS GIFT PACK®
FRESH REWARDS®
FRESH REWARDS® (& Design)
FRESH TALK®
FRESH THOUGHTS®
FRESH UNIVERSITY®
FRESHNESS CARE SYSTEM®
FUN IN A CAN®
GIFT CONCIERGE SERVICE®
GIFT WELL LIVE WELL®
GOURMET CLASSICS®
GREATFOOD.COM®
GREAT FOOD ONLINE®
GREAT PERKS®
GREETING CANS®
GUYS GUIDE TO FLOWERS®
HAPPY HOUR BOUQUETS®
HARRY LONDON®
HOLIDAY FLOWER TREE®
IFLORIST.COM®
INTERNET FLORIST®
INTERNET FLORIST ASSOCIATION®

1-800-GOODIES.COM®
1800GREETINGS.COM®
1800GREETINGS.COM® (& Design)
1-800-GROWERS.COM®
1-800-LAS FLORES.COM®
1-800-LAS FLORES.COM® (Stylized logo
design)
1-800-THE-ROSE®
1-888-FLOWERS®
PECAN DIXIES®
PEPPERMINT PARADE®
PIXIES®
PLANET FRIENDLY SMILE COLLECTION®
POPPERS®
PREMIUM SELECT®
PRETZEL JOYS®
PRIVATE TASTING®
PURCHASENET®
QUEEN OF HEARTS®
REWARDING OTHERS®
SEND-A-MESSAGE®
SMILE BOUQUET®
S'MORESVILLE®
SNACK OF THE MONTH®
SNACK TO SCHOOL®
SNOW VALLEY®
SPOT A MOM®
STRAWBERRY FLORAL MARGARITA®
SWEET PERSUASION®
TASTING PANEL®
TELEVERSITY®
THE APOLOGIZER®
THE GREAT KERNAL®
THE ONE 800 NUMBER FOR FLOWERS®
THE ONE 888 NUMBER FOR FLOWERS®
THE PINK RIBBON BOUQUET®
THE POPCORN FACTORY®
THE POPCORN FACTORY® (Stylized logo)
TIMELESS TULIPS®
TRINIDAD®
TRINIDADS®
TRUFFLE FONDUE®
TULIP® (Design)
TUXEDO CHOCOLATE BOX® (Design)
VINTNER'S SELECT®
VIRTUAL FLORIST®
WILDERNESS GOURMET®
WINE GLASS® (Design)
WINETASTING® (& Design)
WINETASTING.COM® (& Design)
WINE TASTING NETWORK®
WORLD'S FAVORITE FLORIST®
WRAPPED IN YOUR LOVE®
WTN®
YOUR FLORIST OF CHOICE®
YOUR TRUSTED GUIDE TO GIFTING®

IT'S YOUR DAY BOUQUET®

BLOOMNETsm (& Design) and the following are service marks or trademarks of the Company:

BOUQUET BUFFET™
CELEBRATIONS.COMsm
COUNTDOWN BOUQUET™
EMBRACING OUR FLORISTNESSsm
EVERY MOM COUNTSsm
FM FRUIT BOUQUETSsm (& Design)
FRUIT BOUQUETSsm (& Design)
FRUIT BOUQUETS BY
1800FLOWERS.COMsm (& Design)
FRUITBOUQUETS.COMsm (& Design)

IMAGINE THE SMILESsm
MAGNIFICENT ROSE™
1·800 BASKETS.COMsm (& Design)
1·800·FLOWERS CONROY'Ssm (& Design)
1·800·FLOWERS | CONROY'Ssm (&Design)
SMILES DESIGNED AND DELIVEREDsm
SUMMER OF SMILESsm
THE GIFTsm (& Design)
SUMMER OF SMILESsm

Disclaimers and Limitation of Liability

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,
OR 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% SATISFACTION
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 AFFECTED FOOD
STUFF PRODUCT AS SOON AS REASONABLY PRACTICABLE.
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.

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 WEB SITE,
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 STATED TO THE CONTRARY, ALL PRICES AND
DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE
("OFFERS') ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES 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 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, FRESH REWARDS, POINTS, AWARD CARDS, APPRECIATION
AWARDS, GIFT CARDS, GIFT CERTIFICATES, 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 PARAGRAPH SHALL APPLY TO ALL
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, TELEPHONE, CATALOG, RADIO, TELEVISION,
MOBILE DEVICE, SOCIAL MEDIA PLATFORM 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 Services may be dependent upon a third party service provider, such as a
wireless carrier or social media platform. We do not control such third party service providers and
are not 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 Services through such third party service provider.

You acknowledge that the Service contains information, data, software, photographs, graphs,
videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are
protected by 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,

arrangement, and 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 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 Service

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 PROVIDER, MERCHANT, SPONSOR, LICENSOR, 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 Provider, Merchant, Sponsor, Licensor, 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.

1800FLOWERSCARLEPLACE.COM and 1-800-FLOWERS.COM respects the rights of all
copyright holders and in this regard it has adopted and implemented a policy that provides for the
termination of user privileges and membership in appropriate circumstances of users who infringe
the rights of copyright holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide 1-800-FLOWERS.COM’s Copyright Agent the
following information required by the Digital Millennium Copyright Act, 17 U.S.C. 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 copyright 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 site can be reached as follows:

Attn: Gerard M. Gallagher, Esq.
1-800-FLOWERS.COM, Inc.
One Old Country Road
Suite 500
Carle Place, NY 11514
Telephone: 516.237.6087
Facsimile: 516.237.6101
Email: jgallagher@1800flowers.com

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, content, postings, artwork, material or other submissions whether via
email, feedback, a public forum or otherwise (collectively, "User Submissions"), you grant the
Company and its Affiliates the worldwide, perpetual, royalty-free, irrevocable, non-exclusive right
to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate,
sublicense, distribute, create derivative works from 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, or its Affiliates, nor their respective officers, directors, agents or employees shall
be liable for any use or disclosure of any User Submissions.

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, (collectively "Claims") relating to providing, posting, transmitting or making available through
the Service the User Submissions to the Company, or the Company 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 any public forum, any other portion of the Service, or the subscription or

registration of any user who violates any of these terms and conditions of use, any of the rules,
regulations or guidelines or for any other behavior that we in our sole discretion believe is

A "public forum" means any publicly accessible message board, chat room, discussion group,
folder, survey, contest, sweepstakes, user review and rate forum, 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 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.

1800FLOWERSCARLEPLACE.com and 1-800-FLOWERS.COM are 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, 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 its Affiliates, or any of their respective officers, directors,
agents, employees, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any
damages resulting from any infringement of copyrights or proprietary rights, or from any other
harm arising from such submission.

Compliance with Laws and Export Regulations

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 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) that it deems in its sole discretion to be harmful to users of the
Service, subscribers, customers, recipients, Providers, Merchants, Sponsors, or Licensors,
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, Providers, Merchants, Sponsors, or Licensors 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.

Any conduct by you that in the Company's sole discretion restricts 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. 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.

We recognize and respect the importance of maintaining the privacy of our users, customers and
subscribers and have established a privacy policy as a result. In our Privacy Policy, 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 carefully read our Privacy Policy. To link to our Privacy Policy click below:

Your Security and Privacy

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 www.freshrewards.com and www.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.

You agree to indemnify, defend and hold harmless the Company, its Affiliates and any of their
respective officers, directors, agent or employees, 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 or (iii) your violation of any applicable law, rule or regulation.

The Company may terminate your access, or suspend your access to all or part of the Service,
without notice, for any 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 Provider, Merchant,
Sponsor, Licensor, content or service provider, the Company or its Affiliates.

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 this 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 & Arbitration

The Services are 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 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 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.

You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the
applicable Rules and Procedures established by the AAA; (ii) the arbitration shall be held
telephonically or at a location determined by the AAA pursuant to the Rules and Procedures of

the AAA; (iii) the 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 that 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 that 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 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 http://www.adr.org.

Acknowledgment and Changes

This Agreement represents the entire understanding between you and the Company regarding
your relationship with the Company and supersedes any prior statements or representations.
YOU AGREE TO BE BOUND BY THESE TERMS OF USE by accessing any areas of the
Service, or using the telephone, catalog, radio, television, mobile device and participating retail
stores.

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, 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.