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Welcome to Edible Arrangements®. Edible Arrangements® (" 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.
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.
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.
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®
"Corporate Headquarters"
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.
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").
YOUR ACCOUNT - USER AND CORPORATE ACCOUNTS
You may create an account for your personal use (" User Account
") or for your organization's use (" Corporate Account
"). Creating a User Account or Corporate Account (collectively, the "Accounts")
entitles you receive some great benefits, including to receive
notice of special offers, to maintain an address book for recipients of EDIBLE
ARRANGEMENTS® arrangements, to set reminders for birthdays or special
occasions, or to view your order history. To obtain an Account, you will be
required to submit an online or other registration form, which may ask for,
without limitation, your name, address, email address, age and gender. You will
also be required to choose a username and password or access code
(collectively, the " Password "). You agree to:
(a) provide current, complete, true and accurate information; (b)
maintain and update your information as required to keep it current,
complete and accurate; and/or (c) provide additional
information about yourself and/or your organization as may be requested by
Edible Arrangements® from time to time. Please note that Edible Arrangements® may
use such information in accordance with its Privacy
Policy. Edible Arrangements® shall have the right, in its sole discretion,
to refuse or restrict anyone from access to any or all of the Website(s) at any
time for any reason. Edible Arrangements® reserves the right to require you to
periodically change your Password.
If you create an Account, you agree:
(v) That you are and shall be
responsible for maintaining the confidentiality and security of your Account
and Password, and for restricting access to your computer and your Password;
(w) Not to transfer, lease, assign, or
sublicense any Password without Edible Arrangements®' prior written consent;
(x) Not to circumvent the password
restrictions on the Website, nor allow others to do so on your behalf;
(y) Not to use anyone else's Password;
and
(z) To notify Edible Arrangements®
immediately upon discovery or suspicion of compromise of the confidentiality of
any Password.
You acknowledge and agree that you shall be solely liable and
responsible for all activities that occur under your Account or Password. You
further agree that Edible Arrangements® shall not be responsible for your
failure to comply with this Section or any loss or damage arising out of, or
related to, your use of your Account or Password by you or anyone other than
Edible Arrangements®.
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]
USE OF WEBSITE
If you are under 18 or under the legal age to enter into enforceable contracts
in the jurisdiction from which you are accessing this Website, you may use the
Website only with consent of a parent or guardian.
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.
INDEMNIFICATION
You agree to indemnify and hold harmless Edible Arrangements®, its affiliates
and subsidiaries, and all of their managers, members, directors, officers,
agents, employees, suppliers, vendors, and service providers from any claims,
judgments, liability, and expenses, including reasonable attorneys fees,
whether in tort, in contract or otherwise, that it or any of them may incur by
reason of or arising out of any claim, including 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 the
Agreement or use of this Website.
LINKS
You expressly acknowledge that this Website may contain links to other websites
not controlled, operated or owned by Edible Arrangements®. Unless otherwise
expressly provided by Edible Arrangements®, Edible Arrangements® provides no
endorsement or representation of any kind regarding the products, services,
content or appropriateness of content of such websites, and explicitly
disclaims any responsibility for the accuracy, content or availability of the
information, products, and/or services found on or through any such linked
website. We do not make any representations or warranties as to the security of
any information (such as credit card and other sensitive information) you might
give on any such linked website. Some jurisdictions do not allow exclusion of
implied warranties, so the above exclusions may not apply to you.
DISCLAIMER OF WARRANTIES
THIS WEBSITE, THE INFORMATION AND MATERIALS CONTAINED ARE
PROVIDED BY EDIBLE ARRANGEMENTS® AND/OR ITS AFFILIATES ON AN "AS IS" AND "AS
AVAILABLE" BASIS. EDIBLE ARRANGEMENTS® MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE
INFORMATION, CONTENT OR MATERIALS, INCLUDED OR MADE AVAILABLE ON OR THROUGH
THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EDIBLE ARRANGEMENTS®
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THIS WEBSITE, AND ON THE
INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THIS 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
ARRANGEMENTS DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR
E-MAIL SENT FROM EDIBLE ARRANGEMENTS®; ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR MATERIALS MADE
AVAILABLE THROUGH THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT
DEFECTS WILL BE CORRECTED. EDIBLE ARRANGEMENTS® DOES NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY WEBSITE IS ACCURATE,
COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. EDIBLE ARRANGEMENTS® MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.
LIMITATION OF LIABILITY
EDIBLE ARRANGEMENTS®, ITS AFFILIATES AND SUBSIDIARIES, AND ANY OF THEIR MANAGER,
MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND/OR SUPPLIERS WILL
NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY
OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING FROM OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR
INABILITY TO USE THE WEBSITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, 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. IF YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE
WEBSITE, OR WITH ALL OR ANY OF THE TERMS, PRIVACY POLICY AND/OR ADDITIONAL
TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. OUR
TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES
ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED TWO HUNDRED UNITED STATES DOLLARS
($200.00). SOME JURISDICTIONS MAY NOT ALLOW ALL OR ANY PART OF THE ABOVE
LIMITATION OF LIABILITY TO APPLY TO YOU, IN WHICH CASE THE LIMITATIONS WILL
APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS ON
DIRECT AND INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARE INDEPENDENT OF ONE ANOTHER AND ANY OTHER LIMITATIONS SET FORTH IN THIS
AGREEMENT.
TERMINATION
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(s) 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®).
Notwithstanding the foregoing, any provisions of these Terms, the Privacy
Policy and the Additional Terms expressly identified or that would by their
nature survive such termination shall so survive.
INVESTIGATIONS
Edible Arrangements® may seek to gather information from the
user who is suspected of violating this Agreement, and from any other user.
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 Arrangements® respects the intellectual property rights of authors. To
assist copyright owners, Edible Arrangements® 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:
Designated Agent - Attn: Copyright Agent
Edible Arrangements®
95 Barnes Road
Wallingford, CT 06492-1800 USA
Fax: +1 203 774-0531
E-mail: notice@ediblearrangements.com
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 Websites, 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.
ASSIGNMENT
We may assign our rights and obligations under this Agreement,
without notice, to (i) any affiliate of Edible Arrangements®, or (ii) any party
or its affiliate acquiring all or substantially all of the assets or stock by
merger or otherwise of Edible Arrangements® or any affiliate of Edible
Arrangements. This Agreement may not be assigned by you without our prior
written consent.
GOVERNING LAW AND JURISDICTION
This Website (excluding linked web sites) is controlled by Edible Arrangements®
from its offices within United States. Edible Arrangements® 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 U.S. and Canada.
If you are using or accessing the Website from locations other than in the U.S.
or Canada, you are responsible for compliance with Connecticut and United
States laws, as well as local laws in countries from which you are accessing
this Website, if and to the extent applicable. Use of this Website is not
authorized in any jurisdiction that does not give effect to these Terms, the
Privacy Policy and the Additional Terms, including without limitation this
paragraph.
You agrees that all matters relating to your access to, or use
of, any Website, and all disputes arising out of or in connection with your use
of any Website, these Terms, the Privacy Policy and the Additional Terms,
and/or any products you purchase through this Website shall be governed by and
construed in accordance with the laws of the State of Connecticut, except for
the conflicts of laws rules thereof, and the federal laws of the United States
applicable thereto. You also agree that, except as provided below, all such
disputes shall be submitted to confidential arbitration in New Haven,
Connecticut, in accordance with the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. Notwithstanding
the foregoing, Edible Arrangement may apply to any state or federal court
having jurisdiction to (i) enforce the agreement to arbitrate,
(ii) seek provisional injunctive relief, without necessity of posting a
bond, so as to maintain the status quo until the arbitration award is rendered
or the dispute is otherwise resolved, or to otherwise to prevent irreparable
harm ( see the section entitled " Injunctive Relief "
below), or (iii) challenge or vacate any final decision or award of the
arbitration panel that does not comport with the express provisions of this
Section. To the fullest extent permitted by applicable law, no arbitration or
case brought in connection with a dispute arising under these Terms, the
Privacy Policy and/or the Additional Terms shall be joined to an arbitration or
case involving any other party subject to these Terms, whether through class
arbitration proceedings or otherwise. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of this Website or these Terms, the Privacy
Policy and/or the Additional Terms must be brought within one (1) year after
such claim or cause of action arises.
INJUNCTIVE RELIEF
You acknowledge and agree that any violation of the Terms, the
Privacy Policy and/or the Additional Terms relating to the disclosure, use,
copying, distribution, display or publishing of the information and/or
materials on the Website (including without limitation, the Franchisee Area
Materials) and use of the Website may result in irreparable injury and damage
to Edible Arrangements® that may not be adequately compensable in money damages,
and for which Edible Arrangements® will have no adequate remedy at law. You,
therefore, consent and agree that Edible Arrangements® may obtain injunctions,
orders, or decrees as may be reasonably necessary to ensure compliance with the
Terms, the Privacy Policy and the Additional Terms. You waive any requirement
of the posting of a bond that may apply for issuance of any injunctions,
orders, or decrees.
AMENDMENT
We reserve the right to make changes, modifications,
amendments, and/or updates to our Websites and these Terms at any time with or
without prior notice and for any reason. Changes to these Terms shall be
effective when posted. You are responsible for reviewing these Terms, the
Privacy Policy and the Additional Terms each time you use or access the
Website. You agree that continued use of the Website is an acknowledgment and
consent to any and all terms and conditions contained in the Terms, the Privacy
Policy and the Additional Terms, as each may be amended from time to time by
Edible Arrangements®.
WAIVER
Our failure to exercise or enforce any right or provision of these Terms, the
Privacy Policy and/or the Additional Terms shall not constitute a waiver of
such right or provision.
SEVERABILITY
If any provision of these Terms, the Privacy Policy and/or the
Additional Terms shall be deemed invalid, void, or for any reason
unenforceable, that provision shall be deemed severable and shall not affect
the validity and enforceability of any remaining provisions.
QUESTIONS
Questions or comments regarding the Website, these Terms, the Privacy Policy
and/or the Additional Terms should be directed to:
Attn: Webmaster
Edible Arrangements®
"Corporate Headquarters"
95 Barnes Road
Wallingford, CT 06492-1800 USA
E-mail: webmaster@ediblearrangements.com
Effective Date: June 21, 2005.
© 2005. Edible Arrangements® All rights reserved.
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