This Membership agreement (the "Agreement") is made between Flashfirst, LLC., with offices located at 7371 Atlas Walk Way, Unit 811, Gainesville, Virginia 20155 (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").

Service Description: - 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 Members are subject to change from time to time and without prior notice, and any services ordered are subject to availability. Members may contact the Customer Service Department through online support, mail, 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.

When signing up for a new Blooms Rewards membership, the initial $25.00 savings will be applied and can be combined with any other discount only on your first order. All future $25.00 Blooms Rewards savings can not be combined with any other discounts. Blooms Rewards Members will receive a $25.00 discount off the displayed product cost for each item purchased.

Any Membership directly linked to a canceled Flowers Today, Inc. order will be canceled automatically. Members will receive a cancellation notice via email to the email address provided at the time of enrollment. Canceling Members are prohibited from re-enrolling in the service for at least twelve (12) months from the cancellation date.

After your initial $25.00 savings, Members receive a $25.00 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. Members agree 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. 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. Members agree 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, Members 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. 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.

Membership Fee: - The monthly Membership fee of $10.00 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. Members will be notified of the charge for the Membership Fee in his/her Billing Device statement.

Term: - 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 the Member's join date.

Renewal: - 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 cancel membership (online) or via speaking directly to a BR customer service representative, this agreement will be renewed automatically, effective the first day following the conclusion of the then-current term. Members 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.

Termination: - 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. Members have the right to cancel the Membership to the service after the day of enrollment. Cancellation is effective immediately and your next anniversary billing will not occur.

Members canceling 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. Under the 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.

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. Members 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 is not liable for any expenses or overdraft fees incurred by the Member's billing institution.

Communications: - 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 Members various ways of accessing its customer service staff.

Taxes: - 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: - In order to provide the Service to Member BR must collect and use and, in some cases provide to third parties, certain personal information provided by Member and you hereby consent to the collection, use and disclosure of such personal information in accordance with and subject to the terms of our Privacy Policy.

Entire Agreement: - 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.

General: - 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.

Notice: - Members 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.

Assignment: - 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.

Copyright © 2023 Flowers Today, Inc. This service is provided by Flowers Today, Inc.

The following discloses our information gathering, use and dissemination practices for our Blooms Rewards membership program and the program's Web site.

Blooms Rewards

7371 Atlas Walk Way

Unit 811

Gainesville, VA 20155

1-800-371-6048

Customer Service E-Mail: contactus@bloomsrewards.com

Security: - Blooms Rewards makes browsing and shopping easy, convenient, and safe. Any private information submitted to us (including credit card numbers, names, addresses, and telephone numbers) is encrypted using SSL (secure socket layer) technology ensuring that private information cannot be read as it crosses the Internet. Blooms Rewards does not store any credit card information on our website, so your billing information is not accessible by others. We also use VeriSign as our Certificate of Authority. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and Blooms Rewards and Blooms Rewards and you, will be free from unauthorized access by third parties, such as hackers.

Collection of Personal and Non-Personal Information: - When enrolling in the Blooms Rewards program online at www.bloomsrewards.com or when placing an order with Blooms Today ® you will be asked to provide personally identifiable information in order to join the Blooms Rewards program.

For enrollment, we do require personally identifiable information ("Personal Information") about yourself including a name, physical address, telephone number, email address and a valid credit card number. For security, your credit card expiration date and CV2 code is required at the time of enrollment.

Information Usage: - Blooms Rewards uses Personal Information to perform business functions, such as setting up your membership, access to member benefits, serving our members and other customers, developing new products and services, fulfilling orders and contacting you when necessary. We may also use this information to notify you about new products or services and special promotions offered by Blooms Rewards or any of its affiliates.

Third Party Use: - Blooms Rewards® must share certain information with our partner companies, marketing partners, printers, billing agents affiliates, and other third-party service providers for the exclusive purpose of providing you with the benefits of the Blooms Rewards® program and service. We may make your information available to selected third parties including, but not limited to those who share or rent information for direct marketing purposes.

Cookies: - A cookie is a string of information that is sent by a website and stored on your hard drive or temporarily in your computer’s memory. We may employ cookie technology to help you move faster through our site. We may employ cookie technology to estimate our total audience size and traffic and to help us improve our site’s experience by measuring which site areas are of greatest interest to users. You can turn off the ability to receive any of these cookies by adjusting the browser settings in your computer, but you should note that if you do so, this may materially affect the functionality of the Blooms Rewards website and the information you can access through it. If you wish to find out more about cookies, or how to refuse cookies, please visit the Interactive Advertising Bureau’s website at www.allaboutcookies.org. We collect anonymous data when you visit most pages on the Blooms Rewards website. Your visit may automatically provide us with data that is not linked to your personal information, such as your IP (Internet Protocol) address, browser type, operating system, domain name, access times, and referring website addresses. Some parts of the Blooms Today® website use embedded pixel or JavaScript technologies to facilitate your use of the website and to track general traffic. We use your anonymous data to obtain general statistics regarding the use of the Blooms Rewards website and its specific web pages and to evaluate how our visitors use and navigate our website on an aggregate basis. We do not link your anonymous data with personal data.

Third Party Tracking: - We may share, store and process your information with third parties who act as our agents, suppliers, vendors, contractors, subcontractors or service providers. You acknowledge that the collection, transfer, management, storage, and processing of personal information may be undertaken by these third parties for the fulfillment of our services and other business purposes. These third parties are given the information they need to perform their designated functions.

We may collect information from you by using cookies. A "cookie" is a small text file stored on your computer containing information about you. Cookies help us analyze web traffic, provide user data for a particular webpage, and allow web applications to be adapted for you as an individual. This helps us tailor our operations to your specific needs and preferences by gathering and remembering information about your preferences. Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting our cookies, please follow your Internet browser's steps for doing so. However, if you do disable cookies, you may not be able to take full advantage of all our online features or access certain sections of our services.

Links to Other Sites: - Blooms Rewards may contain links to other websites. We are not responsible for the privacy practices and content of these third-party websites. We strongly urge you to follow safe Internet practices; please do not supply personal information to these websites unless you have verified their security and privacy policies.

Credit Cards: - Purchasing from Blooms Rewards and its affiliates requires a valid credit card.

Consent: - By shopping with Blooms Today®, Blooms Rewards and its affiliates, you consent to the use of your personal information in the manner specified by our privacy policy. We may change, modify, or add to the terms and conditions of this privacy policy at any time. These changes will be posted on our website as appropriate and will be effective from the date of posting. Blooms Rewards is operated in the United States.

Transfer of Data Outside of Your Home Country: - If you are located outside the United States, please be aware that any information you provide to us will be transferred to the United States. By using our website or otherwise providing us with information, you hereby consent to this transfer. Although personal information collected by us through our website, emails, mail, fax, and telephone is used by us in accordance with this privacy policy, laws generally applicable to the protection of personal data in the U.S. may not be as stringent as those in other countries. If you submit data to us about other individuals, you agree, and we assume, that you have obtained consent from each such individual to the submission, transfer and processing of the information.

Copyright © 2023 Flowers Today, Inc. This service is provided by Flowers Today, Inc.