Welcome to EDIBLE ARRANGEMENTS® websites. Edible Arrangements International, LLC, and its affiliates, and their respective affiliates (collectively, "Edible Arrangements
" or "our
") owns and/or operates the <www.ediblearrangements.com
. These websites together with other websites owned, operated, or controlled by Edible Arrangements are referred to herein, individually and collectively, as the “Website”. Edible provides the Website and our products and services to you subject to the following conditions.
These Terms set forth the entire, final and exclusive agreement between Edible Arrangements and you with respect to your use of, and access to, the 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, the Website and any and all content, data, information and materials contained therein and transactions completed thereon.
Edible Arrangements makes reasonable efforts to provide accurate and timely information on the Website. While we believe the information is reliable, we provide no warranty that the information is always up to date or contains all the relevant information available.
You must be 18 years or older to use, register for an account, transmit/submit/post any content, material or personally identifiable information or place an order on the Website. If you are under 18 or under the legal age to enter enforceable contracts in the jurisdiction from which you are accessing the Website, you may use the Website only with consent of a parent or guardian. By submitting information or content on the Website you represent that you meet this age restriction and Edible provides you access to the Website subject to your compliance with these Terms.
, which govern your purchase of products through the Website for more information on the terms and conditions of sale for our EDIBLE ARRANGEMENTS® products. Prices are in US dollars unless otherwise noted. Edible reserves the right to change prices on any product or products, and to discontinue any services or products provided through the Website at any time.
FRANCHISEES ARE INDEPENDENT CONTRACTORS
The EDIBLE ARRANGEMENTS® franchisees (the “Franchisees”) are independently owned and operated businesses and are independent contractors. The Franchisees are not our agents, partners, 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 Franchisees, including, without limitation, in connection with their provision of products or services to you or fulfillment of orders placed by you through the Website, or in an EDIBLE ARRANGEMENT® store.
All content included on the 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 or its licensors or content suppliers and protected by copyright, trademark and other applicable laws in the United States and other jurisdictions.
EDIBLE ARRANGEMENTS®, EDIBLE®, and the EDIBLE ARRANGEMENTS® Fruit Basket Logo are registered trademarks of Edible. This is not intended to be a complete list of all of Edible’s trademarks, and Edible owns or controls the proprietary rights in trademarks not listed here and in one or more countries outside the United States. The ediblearrangements.com
domain names and the domain names of Edible’s other websites are the property of Edible. All EDIBLE ARRANGEMENTS® trademarks, copyrights, trade dress and/or intellectual property used on the Website may not be used in connection with any product or service that is not offered for sale or otherwise provided by Edible or by its Franchisees, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames Edible or the Website. All other trademarks, services marks, logos, designs, and trade dress, not owned by Edible that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Edible.
LICENSE, LIMITATIONS ON USE AND WEBSITE ACCESS
Edible grants you a limited license to access the Website for normal browsing only, and to download (for caching purposes only) or print a copy of the materials on the 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; (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); and (d) do not make any modifications to the material. Except as expressly provided in this paragraph or as provided 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, except with express written consent of Edible. The limited use license granted herein does not include any right for resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the 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 the 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 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; 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). To request our permission to create a hyperlink to the home page of the Website, please contact us at:
Edible International, LLC.
95 Barnes Road
Wallingford, CT 06492-1800 USA
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, or our subsidiaries or our affiliates without express written consent of Edible;
(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;
(u) Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Edible without the express written consent of Edible;
(v) Use or access the Website in a manner that could damage, disable, overburden, or impair any Edible server or the networks connected to any Edible 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 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 in writing by the owner of the software to do so.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
YOUR EDIBLE REWARDS ® ACCOUNT
You may create an Edible Rewards® account for your personal use to receive certain benefits of the program. To learn more about our Edible Rewards® program see www.ediblearrangements.ca/Rewards
and for additional information regarding the terms and conditions of the Edible Rewards® program see www.ediblearrangements.ca/Rewards/TermsAndConditions.aspx
OPEN AREAS AND FRANCHISEE AREAS
Notify Edible 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
FURTHER LIMITATIONS ON USE - FRANCHISEE AREAS
The materials contained in the Franchisee Areas include items that are proprietary and include trade secrets of Edible 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 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.
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 the Website (collectively, the "Submission"). You agree not to post e-mails or submit to or publish through the Website or otherwise make available on the Website 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, stalking, or otherwise injurious to the legal rights (such as rights of privacy and publicity) of 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; surveys, chain letters, junk email, mass mailings, or any form of "spam" (commercial or otherwise);
(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) transmits confidential or proprietary information 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) or otherwise contains unsolicited proprietary ideas;
(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 Website;
(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 Website;
(n) copies any other pages or images on the Website 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 Website or any networks connected to the Website;
(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 the content of any Submission made or posted by you or any third party. Edible Arrangements reserves the right to terminate your access to any or all of the Website and the ability to post or communicate a Submission at any time, without notice, for any reason whatsoever. Edible Arrangements also reserves the right at all times to disclose any information as Edible Arrangements deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Edible Arrangements' sole discretion. Always use caution when giving out any personally identifiable information in any Submission. Edible Arrangements does not control or endorse the content, messages or information found in any Submission and, therefore, Edible Arrangements is not liable or responsible with regard to the content of any Submissions.
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 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 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 the Website, you consent to Edible recording any communication, electronic or otherwise, between you and Edible 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 as we cannot be responsible for responding to any such communications.
You agree to indemnify and hold harmless Edible International, LLC, its affiliates and subsidiaries, and all of their respective managers, members, directors, officers, agents, employees, suppliers, vendors, Franchisees, and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys fees, arising out of claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of these Terms or your use, authorized or unauthorized, of the Website. This provision does not apply to personal injury, and only indemnifies for the specific situations stated.
You expressly acknowledge that the Website may contain links to other websites not controlled, operated or owned by Edible. Unless otherwise expressly provided by Edible, Edible provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such websites. We do not make any warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked website.
DISCLAIMER OF WARRANTIES
THE WEBSITE, THE INFORMATION AND MATERIALS CONTAINED ARE PROVIDED BY EDIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. EDIBLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS, INCLUDED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EDIBLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE WEBSITE, AND ON THE INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. EDIBLE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM EDIBLE; ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT DEFECTS WILL BE CORRECTED. EDIBLE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EDIBLE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.
LIMITATION OF LIABILITY
EDIBLE ARRANGEMENTS INTERNATIONAL, LLC, ITS AFFILIATES AND SUBSIDIARIES, AND ANY OF THEIR RESPECTIVE MANAGERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, FRANCHISEES AND/OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THE WEBSITE OR THE DELAY OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. TO BE CLEAR, THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE WEBSITE, AND DOES NOT APPLY TO PERSONAL INJURY.
Edible Arrangements reserves the right, in its sole discretion, to terminate or suspend any Password, Account, access, or ability to use the Website at any time without notice. Upon such termination, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately (a) discontinue use of the applicable Website and (b) discontinue use of and destroy or return to Edible Arrangements any Edible Arrangements materials, including the Franchisee Area Materials (unless otherwise agreed to in writing by Edible Arrangements).
Edible Arrangements may seek to gather information from the user of the Website who is suspected of violating this Agreement, and from any other user of the Website. Edible Arrangements may suspend access or use by any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate, without notice. If Edible Arrangements believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and Passwords, terminate accounts or take other corrective action it deems appropriate. Edible Arrangements will fully cooperate with any law enforcement authorities or court order requesting or directing Edible Arrangements to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Agreement.
YOU WAIVE AND HOLD HARMLESS EDIBLE ARRANGEMENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EDIBLE ARRANGEMENTS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EDIBLE ARRANGEMENTS OR LAW ENFORCEMENT AUTHORITIES.
AGENT FOR NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
Edible respects the intellectual property rights of authors. To assist copyright owners, Edible has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with a Website. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address:
Attn: Copyright Agent
Edible International, LLC.
95 Barnes Road
Wallingford, CT 06492-1800 USA
Fax: +1 203 774-0531
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:
(a) Your address, telephone number and e-mail address;
(b) Identification of the copyrighted work (or works) that you claim has been infringed;
(c) A description of the material that you claim is infringing the copyrighted work;
(d) A clear description of where the infringing material is located on the Website, including its URL, so that Edible Arrangements can locate the material;
(e) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(g) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
We may assign our rights and obligations under this Agreement, without notice, to (i) any affiliate of Edible, or (ii) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of Edible or any affiliate of Edible. This Agreement may not be assigned by you without our prior written consent.
In the unlikely event that a problem occurs with respect to your use of the Site and these Terms and Conditions of Use, Edible would like to address your concerns without requiring a formal legal case or proceeding. Before filing a claim against Edible, we ask that you try to resolve the dispute informally by contacting our Customer Service department. We will attempt to resolve the dispute informally by contacting you via email.
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
You and Edible Arrangements agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Edible Arrangements’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Edible Arrangements may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. Arbitration under this agreement shall be held in the United States county where you live or work, Connecticut, or any other location we mutually agree to, subject to Connecticut law. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Connecticut to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event, any litigation should arise between you and Edible in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EDIBLE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THESE TERMS
GOVERNING LAW AND JURISDICTION
The website (excluding linked web sites) is controlled by Edible from its offices within United States. Edible makes no representations or warranties that the information, products or services contained on the Website are appropriate for use or access in locations other than the United States.
If you are using or accessing the Website from locations other than in the U.S., you are responsible for compliance with Connecticut and United States laws, as well as local laws in countries from which you are accessing the Website, if and to the extent applicable.
August 31, 2017