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Terms Of Use

Welcome to Edible Arrangements. Edible Arrangements, LLC. (" Edible Arrangements ," " we ," " us " or " our ") owns and operates the www.EdibleArrangements.com, www.fruitdesigns.com, www.sendea.com, www.eafg.net and other websites (each a " Website "). Edible Arrangements provide this Website and our products and services to you subject to the following conditions.

BINDING AGREEMENT

Please read carefully these Terms of Use (the " Terms "), the Privacy Policy and any other terms and conditions on the Website that govern particular features of the Website (e.g. the Franchising section and the online store) (the " Additional Terms "), all of which collectively govern your use of, and access to, this Website and any and all content, data, information and materials contained therein.

The Privacy Policy and the Additional Terms are incorporated into the Terms by this reference. These Terms, the Privacy Policy and the Additional Terms set forth the entire, final and exclusive agreement between Edible Arrangements and you with respect to your use of, and access to, this Website and any and all content, data, information and materials contained therein and transactions completed thereon, and supersede all previous oral and written terms, representations, or understandings concerning your use of, and access to, this Website and any and all content, data, information and materials contained therein and transactions completed thereon.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, THE PRIVACY POLICY AND THE ADDITIONAL TERMS, AND AGREE TO BE BOUND BY ALL OF THEM, AS EACH MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY EDIBLE ARRANGEMENTS, IN ACCORDANCE WITH THE TERMS.

PRIVACY

Please review our Privacy Policy, which also governs your visit to this Website, to understand our privacy practices.

PRODUCTS

Please review our Products Policy, which also governs your purchase of products through this Website for more information on the terms and conditions of sale for our EDIBLE ARRANGEMENTS® arrangements and other products.

FRANCHISEES ARE INDEPENDENT CONTRACTORS

The EDIBLE ARRANGEMENTS® franchisees are not our agents or employees. They do not have any right to speak for us or on our behalf, or bind us to any contracts or obligations. We are not responsible for any of the acts or omissions of the EDIBLE ARRANGEMENTS® franchisees, including, without limitation, in connection with their provision of products or services to you or fulfillment of orders placed by you through this Website, or in an EDIBLE ARRANGEMENTS® store.

COPYRIGHT

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of Edible Arrangements or its licensors or content suppliers and protected by copyright, trademark and other laws in the United States and other jurisdictions.

TRADEMARKS

EDIBLE ARRANGEMENTS® ; the EDIBLE ARRANGEMENTS® logo, DELICIOUS FLORAL DESIGNS™, DELICIOUS FRUIT DESIGN™, BLOOMING DAISIES™, BERRY CHOCOLATE BOUQUET™, DELICIOUS CELEBRATION™, DELICIOUS PARTY™, BERRY SPECIAL BABY™, HEARTS & BERRIES™, BERRY BOUQUET™, DELICIOUS FUDGE DELIGHT™, SWEETHEART BOUQUET™, and our other logos, trademarks and service names are the property of Edible Arrangements, its Franchisees, affiliates or subsidiaries. EDIBLE ARRANGEMENTS ® and the EDIBLE ARRANGEMENTS® logo are registered trademarks of Edible Arrangements. The EdibleArrangements.com; fruitdesigns.com and sendea.com domain names are the property of Edible Arrangements. Edible Arrangements ® trademarks and trade dress may not be used in connection with any product or service that is not offered for sale or otherwise provided by Edible Arrangements, its Franchisees, affiliates or subsidiaries; or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames Edible Arrangements or this Website. All other trademarks, services marks, logos, designs, and trade dress, not owned by Edible Arrangements, its affiliates or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Edible Arrangements.

LICENSE, LIMITATIONS ON USE AND SITE ACCESS

Edible Arrangements grants you a limited license to access this Website, and to download or print a copy of the materials on this Website for your personal use only provided that you: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with Edible Arrangements; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Edible Arrangements); and (d) make no modifications to the material. Except as expressly provided in this paragraph or as provided in the Section below entitled " Further Limitations on Use - Franchisee Areas ", you may not download (other than page caching), modify, copy, reproduce, republish, post, resell, upload, transmit or distribute material or any portion of it from the Website or any website owned, operated, licensed or controlled by Edible Arrangements or its licensors, except with express written consent of Edible Arrangements. The limited use license granted herein does not include any right for resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. We may grant you, at our sole discretion, a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website provided that: (e) you do not use the Edible Arrangements® logo or other proprietary graphic or trademark as part of the link without our express written permission; (f) the link does not portray Edible Arrangements, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter; (g) you do not use the link in a manner that would compete with or damage the goodwill associated with Edible Arrangements; and (h) you do not use or post the link in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Edible Arrangements). To request our permission to create a hyperlink to the home page of this Website, please contact us at:

Attn: Webmaster
Edible Arrangements, LLC.
95 Barnes Road
Wallingford, CT 06492-1800 USA
E-mail: webmaster@ediblearrangements.com

In addition, you agree not to:

(r)   Use or access the Website for any purpose that is unlawful or prohibited by these Terms;

(s)   Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Edible Arrangements, or our subsidiaries or our affiliates without express written consent;

(t)   Use any meta tags or any other "hidden text" utilizing Edible Arrangements ® trade names, trademarks, service marks or logos without the express written consent of Edible Arrangements;

(u)   Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Edible Arrangements without the express written consent of Edible Arrangements;

(v)   Use or access the Website in a manner that could damage, disable, overburden, or impair any Edible Arrangements server or the networks connected to any Edible Arrangements server;

(w)   Interfere with any third party's use and enjoyment of the Website;

(x)   Attempt to gain unauthorized access to the Website, accounts, computer systems, or networks connected to any Edible Arrangements server through hacking, password mining, or any other means;

(y)   Sublicense any license granted in or to materials on the Website under these Terms (whether or not any of such acts are for commercial gain or advantage); or

(z)   Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Website unless specifically authorized by the owner of the software.


YOUR ACCOUNT - USER AND CORPORATE ACCOUNTS



(u)  

(v)  

(w)  

(x)  

(y)  

(z)  




OPEN AREAS AND FRANCHISEE AREAS

Most areas of the Websites may be accessible without password access control ("Open Areas"). However, some areas of the Website are strictly reserved for Franchisee use and access only ("Franchisee Areas").

FURTHER LIMITATIONS ON USE - FRANCHISEE AREAS

The materials contained in the Franchisee Areas include items that are proprietary and include trade secrets of Edible Arrangements that are not authorized for general distribution and that have substantial value due to their contents and secrecy (the " Franchisee Area Materials "). In addition to the restrictions set out in other provisions of these Terms and the Edible Arrangements Franchise Agreement, you agree to:

(a)   Maintain the security and confidentiality of the Franchisee Area Materials using at least the same standards you use to maintain the confidentiality of your own proprietary information and trade secrets, but in no case less than reasonable standards;

(b)   Notify Edible Arrangements immediately upon discovery or suspicion of compromise of the confidentiality of the any Franchisee Area Materials or any use of the Franchisee Areas Materials in violation of this Agreement; and

(c)   Not disclose the Franchisee Area Materials or any information contained therein to any third parties, including without limitation, any employees or other agents, except as specifically authorized by Edible Arrangements in writing.


Subject to all the restrictions set out in this Agreement, including in the Section above entitled " License, Limitations on Use and Site Access," you may download a single copy of the Franchisee Area Materials on this Website provided that: (w) you keep intact all copyright and other proprietary notices; (x) you do not use the Franchisee Area Materials in a manner that would compete with or damage the goodwill associated with Edible Arrangements; (y) you make no modifications to the Franchisee Area Materials, and (z) strictly control and limit dissemination and use of the Franchisee Area Materials, in accordance with any restrictions set out on the Franchisee Area Materials themselves and/or in any and all Additional Terms.

INFRINGEMENT

If you believe that any third party has violated this Agreement or infringed any of Edible Arrangements rights in this Website or the materials contained on this Website, including the Franchisee Area Materials, please contact us at: [notice@ediblearrangements.com].

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Users may post or communicate reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information on or through a Website (collectively, the " Submission "). You agree not to post e-mails or submit to or publish through the Websites or otherwise make available on the Websites any content (including any Submission), or act in a way, which in our opinion:

(a) is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, pornographic, racist, abusive, harassing, threatening, offensive or otherwise injurious to third parties or objectionable;

(b) includes programs which contain or consist of software viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

(c) amounts to political campaigning, commercial solicitation, "pyramid" or similar scheme; chain letters, mass mailings, or any form of "spam;"

(d) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(e) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;

(f) violates any law or the Terms, or may be considered to violate any law or the Terms;

(g) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(h) advocates or promotes illegal activity;

(i) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(j) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Websites;

(k) solicits funds, advertisers or sponsors;

(l) involves spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of Edible Arrangements' personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, forging any TCP/IP packet header or any part of the header information in any e-mail or other posting, using a false e-mail address, or impersonating any person or entity;

(m) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Websites;

(n) copies any other pages or images on the Websites except with appropriate authority;

(o) includes MP3, audio, or other media format files;

(p) amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files which are only linked from other sites;

(q) disobeys any policy or regulations established from time to time regarding use of the Websites or any networks connected to the Websites;

(r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at in (a) to (q) above.


Edible Arrangements reserves the right (but not the obligation) to review, remove or edit such content or any Submission which Edible Arrangements in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate. However, you acknowledge and agree that we do not regularly review posted Submissions or other content and that we are not under any obligation to control or monitor any Submissions published by you or any other Website users. Edible Arrangements takes no responsibility and assumes no liability for any Submission made or content posted by you or any third party.

If you do post or make a Submission you agree that it will forever be the property of Edible Arrangements and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. Edible Arrangements will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Edible Arrangements operations. Without limitation, Edible Arrangements will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You hereby grant Edible Arrangements, its affiliates and franchisees the right to use the name that you submit in connection with such Submission. You represent and warrant that you own or otherwise control all of the rights to the Submission.

EMAIL AND OTHER COMMUNICATIONS

In connection with your use of this Website, you consent to Edible Arrangements recording any communication, electronic or otherwise, between you and Edible Arrangements and retaining any Submission you make while using the Website. Please do not send any time-sensitive Submission or other communications by e-mail to Edible Arrangements as we cannot be responsible for responding to any such communications.





























Attn: Webmaster
Edible Arrangements, LLC.
"Corporate Headquarters"
95 Barnes Road
Wallingford, CT 06492-1800 USA
E-mail: webmaster@ediblearrangements.com


Effective Date: January 12, 2015
© 2009-2015. Edible Arrangements, LLC. All rights reserved.

Edible Arrangements®, the Fruit Basket Logo, and other marks mentioned herein are registered trademarks of Edible Arrangements, LLC. All rights reserved.
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