Updated: December 8, 2023
ProPerks Membership Terms & Conditions
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.
These Terms and Conditions (“ProPerks Terms”) govern the ProPerks Program (“ProPerks”), which is provided by FTD, LLC (“FTD”) through www.proflowers.com (the “Website”).
Your Membership is subject to these ProPerks Terms, so please review these carefully.
1. MEMBERSHIP BENEFITS.
Your Membership entitles you (the "Member") to free standard shipping / delivery on every order (see below for exclusions) during the one (1) year membership term.
In addition, FTD may, but is not required to, offer access to exclusive promotions to ProPerks members, including, but not limited to, access to exclusive discounts, product launches and collections.
The above benefits may be enhanced, decreased or changed by FTD at any time at its sole discretion.
2. ELIGIBLE PURCHASES.
The Membership must be purchased online. Membership benefits apply only to items purchased online after account sign-in through the Website. The ProPerks benefits do not apply to items purchased online without first logging into your Membership account.
ProPerks free shipping and delivery benefits exclude the following:
International Deliveries: Shipping fees will be charged for deliveries outside of the United States, Canada and Mexico. The international fee may vary and will be shown prior to final checkout.
Guaranteed Early Delivery: If you elect to receive guaranteed early delivery, an additional fee for guaranteed early delivery may be charged.
Weekend Delivery: An additional fee for deliveries shipped via FedEx, UPS, or USPS for delivery on weekends may apply. The service fee for florist filled deliveries made on weekends will be waived.
Holiday Delivery: Additional holiday deliveries fees may apply.
All fees will always be shown on the final checkout page prior to order submission.
Any promotions, discounts or other benefits available online at via Proflowers or Proflowers-related websites (including, but not limited to, Proflowers partner or affiliate websites such as airlines, credit card company memberships, other partner membership programs, discount directory loyalty programs with Proflowers or Proflowers affiliate websites), offline via proflowers.com direct mail or insert discount programs, or through any other method, cannot be combined with the ProPerks benefits of free standard shipping or no delivery fees. Certain products offered in connection with Proflowers partnerships may also be ineligible for the free standard shipping or no delivery fees benefit at FTD’s sole discretion.
Only items purchased directly via the Website are eligible. Your ProPerks Membership account must be active at the time of purchase. There will be no retroactive reimbursements for purchases made without an active Membership.
3. PROPERKS MEMBERSHIP CONDITIONS.
FTD reserves the right, at FTD’s sole discretion, to accept or refuse ProPerks membership applications.
Members must maintain updated information in connection with their Membership and pay annual fees applicable to being a ProPerks member.
Members must also submit and maintain accurate and current user information in connection with their Membership, including name and email address. Members must be age 18 or older. Members can change their account information by updating Member profile data through their account on the Website at www.proflowers.com/account.
Memberships are for individual use only and may not be used for purchases by or on behalf of others including group purchases. Members may not use their Memberships for purchases made for the purpose of resale, other commercial or for-profit purposes.
ProPerks memberships are non-transferable or assignable.
If you make a purchase including some eligible items and some items that are not eligible for free standard shipping or no delivery fee, you will be required to pay the applicable shipping charges or service fee for the ineligible items.
4. PROPERKS MEMBERSHIP FEE.
The current annual Membership fee is disclosed at www.proflowers.com/properks and again before you purchase. The fee is payable in advance at time of joining. The annual fee is subject to change at FTD's sole discretion at any time.
5. TERM; RENEWAL.
The initial term of your ProPerks Membership shall commence on the date it is purchased or activated and continue for one year. You may renew your ProPerks Membership at the end of the term by visiting www.proflowers.com/properks.
6. CANCELLATION; TERMINATION.
You have the right to cancel your Membership at any time. Upon cancellation, you will not be entitled to a refund of any portion of your ProPerks annual fee. To cancel your Membership, please call Customer Service at 1-800-580-2913.
FTD reserves the right to terminate any or all of the benefits available under ProPerks at any time with or without notice. If we terminate ProPerks, at our option, we will either continue offering you the benefits of ProPerks until the expiration of your then current ProPerks term, or we will refund you a pro rata portion of your annual fee for the remaining portion of your ProPerks term.
In addition, we may temporarily freeze and/or terminate your account if we suspect any abuse or fraudulent use of your Membership, as FTD determines in its own discretion. We may not notify you in the event that we take any such action, and you may not be entitled to a refund of your annual fee. We reserve the right to refer any matters involving fraud or other illegal conduct to law enforcement or other applicable agencies.
8. DISCLAIMERS; LIMITATION OF LIABILITY.
USE OF PROPERKS AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. FTD AND ITS AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT WILL FTD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR PROPERKS MEMBERSHIP INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FTD’S TOTAL AGGREGATE LIABILITY TO THE MEMBER ARISING FROM OR RELATED TO PROPERKS SHALL NOT EXCEED THE AMOUNT OF THE ANNUAL FEE, IF ANY.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9. GOVERNING LAW.
These ProPerks Terms are governed by, and construed in accordance with, the laws of the State of Illinois without regard to its conflicts of law principles.
10. BINDING ARBITRATION / CLASS WAIVER.
(a) You and FTD agree that all disputes, controversies and claims related to these ProPerks Terms (each a "Claim"), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.
(b) YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND FTD ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO PROPERKS, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE PROPERKS TERMS (COLLECTIVELY "DISPUTES"), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE NEUTRAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES CURRENTLY AVAILABLE AT ADR.ORG/CONSUMER ("RULES AND PROCEDURES"). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
(c) Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case FTD will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. FTD also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.
(d) The arbitration may be conducted in Chicago, Illinois or, upon the plaintiff's request, in the city closest to plaintiff's location where AAA maintains an office, unless the parties agree otherwise in writing. The arbitrator's award shall be final and binding on all parties subject to these ProPerks Terms and may be entered as a judgment in any court of competent jurisdiction.
(e) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may visit the AAA website at www.adr.org.
(f) Notwithstanding anything to the contrary herein, to the extent the Dispute arises from:
(i) a violation of your or FTD's intellectual property rights in any manner; (ii) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and (iii) any claim for equitable relief;
then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the "Governing Law" section above, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
(g) To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.
(h) YOU AND FTD AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
These ProPerks Terms and all documents referenced herein represent the entire understanding between FTD and any user of the ProPerks program. Membership in the ProPerks program is deemed to be acceptance of these ProPerks Terms.
12. CHANGES TO THESE TERMS AND CONDITIONS.
We may change these ProPerks Terms at any time without notice, except that we will provide notice in the event any material changes are made to these ProPerks Terms. Any change shall take effect immediately, unless otherwise indicated. We may also change the ProPerks fee at any time; however, any fee increase will not apply to your ProPerks Membership until your ProPerks Membership is renewed. Your continued membership in ProPerks after we change the ProPerks Terms constitutes your acceptance of any and all changes.