Communications Policy

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 other wise make available on the Website any content (including any Submission), or act in a way that, 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, or 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 or by Edible;

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's 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, or using a false e-mail address;

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 as specifically authorized inwriting by Edible;

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; or

R.  contains links to other sites that contain the kind of content, which falls within the descriptions set forth in (A) through (Q) above. 

Edible reserves the right (but not the obligation) to review, remove or edit such content or any Submission which Edible in its sole discretion considers illegal, offensive, in violation of a third-party right or otherwise in violation of these Terms. Notwithstanding the foregoing, nothing contained herein shall be construed as granting you or any other party the right to view Edible’s products or Website in a legal manner and free from offensive content. Moreover, 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 takes no responsibility and assumes no liability for the content of any Submission made or posted by you or any third party. Edible reserves the right to terminate your access to any or all of the Website and the ability to post, transmit, or communicate a Submission at any time, without notice, for a violation of these Terms. Edible also reserves the right at all times to disclose any information as Edible 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, from the Website in Edible’s sole discretion. Always use caution when giving out any personally identifiable information in any Submission. Edible does not control or endorse the content, messages or information found in any Submission and, therefore, Edible is not liable or responsible with regard to the content of any Submissions. 

If you do post or make a Submission, you hereby grant to Edible a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use your Submission (including, without limitation, to modify, publicly perform, publicly display, broadcast, reproduce, and distribute such Submission) solely to display on the Website in connection with the product or service subject to the review without the requirement to make payment to you or to any third party or the need to seek any third party permission. Edible will not be required to treat any Submissions as confidential and will not be liable for any business ideas submitted (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 products, services, or operations. You hereby grant Edible and Franchisees the right to use the name that you submit in connection with such Submission for its display on the Website in connection with the Submission. You represent and warrant that you own or otherwise control all of the rights to the Submission.

EMAIL AND OTHER COMMUNICATIONS AND SIGNATURES

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.

Further, visiting the Website, sending us emails, and completing online forms, or signing up for promotional programs online or via a mobile device all constitute electronic communications between you and Edible. By engaging in these activities, you consent to receive such electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, text message, and on the Website satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, ANDOTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CONSENT TO TELEPHONE COMMUNICATIONS ANDRECORDINGS

A. Recording of Communications 

You acknowledge and agree that all communications between you and Edible may be recorded or monitored for quality assurance or other purposes subject to applicable law.

B. Consent to Telephone Communications

By providing us a telephone number, you agree to these Terms and consent to receive telephone communications from us, including via automated telephone dialing systems or pre-recorded messages, even if your number is on a national, state, or local do-not-call list. For marketing communications, consent is not required for purchase. If you register for our text messaging program, you can expect to receive up to 6 autodialed text messages per month. You further agree that, for any number you provide to us, you are the subscriber or regular user of such number or have authority to do so from the subscriber or regular user of such number.

C. Opting Out of Non-Marketing Communications

To discontinue receiving non-marketing communications via text, respond “STOP” via text message to the number from which you received a text. If you successfully opt out, you will be sent a confirmation message. If you have followed this procedure and do not receive a confirmation message, call 1-877-363-7848to complete the opt-out procedure. To discontinue other types of non-marketing phone communications via automated telephone dialing system or pre-recorded message, please email privacypolicy@edible.com with your name, number, and a clear statement that you no longer wish to receive any telephone communications from or on behalf of Edible using an automatic telephone dialing system or pre-recorded message. You agree the foregoing are the exclusive ways to opt out of non-marketing telephone communications from us, and that we may resume communications if the number is re-provided to us after your opt-out. These opt out procedures will only opt you out of non-marketing telephone communications from an automated telephone dialing system or that use a pre-recorded message.

MOBILE TERMS AND CONDITIONS

A. Marketing Text Messages

By providing your mobile phone number, you opt-in and consent to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders, etc.) from Edible, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided, or was provided on your behalf, when signing up or any other number that you designate. Consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Standard message and data rates may apply. If you have any questions about your text or data plan, contact your mobile phone carrier.

Message frequency may vary. Edible reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of messages sent. Edible also reserves the right to change the short code or phone number from which messages are sent, and we will notify you when we do so.

Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Edible, its service providers, and the mobile phone carriers supported by the program are not liable for delayed or undelivered messages. By opting in and consenting to receive marketing text messages, you agree to our Terms of Use and Privacy Policy.

B. STOP Information

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our short code (54091) or phone number to stop and opt-out of receiving text messages. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our short code (54091)or phone number you will receive one additional message confirming that your request has been processed. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Edible and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text messaging programs, you may continue to receive text messages from Edible through other programs to which you have opted in until you separately unsubscribe from those programs.

C. Help

For assistance and additional information regarding our text messaging service, text “HELP” to our short code (54091) or phone number and we will respond with customer care contact information as well as instructions on how to unsubscribe.

D. Customer Care

If you are experiencing any problems, please visit https://www.ediblearrangements.com/customer-service/contact-us and submit the form with details about your problem or your request for support, or email orderteam@edible.com.

E. Contact

This text messaging service is a service of Edible, located at 10 Glenlake Parkway, North Tower, Suite 300, Atlanta, GA 30328.

F. Privacy

You can view our Privacy Policy here. Data obtained from you in connection with our text messaging service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. You agree that we may use this information to contact you for marketing and promotional purposes and to provide you the services/products you request from us.

G. Florida Law

For purposes of compliance with the Florida Telemarketing Act and the Florida Do Not Call Act, you agree that at the time we message you, we may assume that you are not a Florida resident or visitor unless, at the time of your opt-in to the program,(1) any contact address you provided is located in Florida; (2) the area code for the phone number used to opt in to the program is a Florida area code; or(3) you have affirmatively advised us in writing that you are a Florida resident or visitor by sending notice to us at privacypolicy@edible.com. You agree that the requirements of the Florida Telephone Solicitation Act, the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident or visitor, if you do not meet these criteria. Insofar as you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you (including, but not limited to, responses to keywords, opt-in, help or stop requests, and shipping notifications)shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501(including, but not limited to, Sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable. In addition, you acknowledge and agree that your receipt of one or more text messages from us does not constitute any “injury” to you. You further agree to text “STOP” to us to the extent you no longer want to receive text messages from us, and you waive any claim that any response other than texting the word “STOP” constitutes a valid opt-out from text messages.

In the event that you are seeking to enforce any provision of the Florida Telephone Solicitation Act, Do Not Call Act, or Telemarketing Act in arbitration, those laws shall apply to you only to the extent that you can provide two forms of evidence of domicile in Florida (e.g., driver’s license and utility bill) and documentary evidence that you received the messages while in Florida (e.g., call records and evidence of date of travel.) Your failure to produce such evidence in arbitration may be deemed sufficient to rebut any presumption arising from the fact that a call or text was made to a Florida area code.

H. Survival

Our right to contact you as described in these Terms survives the termination of the Terms and your relationship with Edible.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Edible, its affiliates and subsidiaries, and all of their respective managers, members, directors, officers, agents, employees, suppliers, vendors, Franchisees, and service providers from and against any and all claims, actions, judgments, settlements, losses, damages, liabilities, fines, penalties, costs, and expenses, including reasonable attorney's fees, related to or arising out of (1) your use or misuse of the Website; (2) your breach of the Terms, including, but not limited to, your Submissions, the content you make available through the Website, or your use of any information obtained from the Website; and (3) claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party related to, or arising from, 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.

THIRD-PARTY CONTENT AND LINKS

You expressly acknowledge that the Website may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or contain links to third-party services or websites, including through third-party advertising, not controlled, operated or owned by Edible. Unless otherwise expressly provided by Edible, Edible provides no endorsement, representation, warranty, or guarantee of any kind regarding the products, services, or content, or appropriateness, accuracy, or completeness of such content of any third-party websites. We do not make any warranties as to the security of any information (such as credit cards and other sensitive information) you might provide or transmit to any such third-party websites. You acknowledge and agree that Edible is not responsible for any third-party website or content, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Third-party websites are governed by their own respective terms of use and privacy policy and are not subject to these Terms.

DISCLAIMER OF WARRANTIES

THE WEBSITE, INCLUDING THE INFORMATION AND MATERIALS CONTAINED THEREIN, ARE PROVIDED BY EDIBLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. 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, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO 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; FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE; WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE; AND CUSTOM, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITATION TO THE FOREGOING, EDIBLE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. EDIBLE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION OR CONTENT ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES AND ADDITIONS AS TO THE CONTENT MAY BE MADE PERIODICALLY. EDIBLE MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

EDIBLE, 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 RELATED TO, OR 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. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR EDIBLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY TO THE EXTENT DAMAGES TO A RESPECTIVE NEW JERSEY RESIDENT ARE THE RESULT OF EDIBLE’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S), OR INTENTIONAL MISCONDUCT.

TERMINATION

Edible reserves the right, in its sole discretion, to terminate or suspend any password, account, access, or ability to use the Website at anytime without notice. Upon such termination, all rights, licenses, consents, and authorizations granted to you under these Terms 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 any Edible materials, including the Franchisee Area Materials (unless otherwise agreed to in writing by Edible).

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, EDIBLE MAY, IN ITS SOLE DISCRETION, DIRECTLY OR INDIRECTLY, IMMEDIATELY AND WITHOUT ADVANCE NOTICE SUSPEND, TERMINATE OR OTHERWISE DENY YOUR ACCESS TO OR USE OF ALL OR ANY PART OF THE WEBSITE, AND EDIBLE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY SHOULD IT EXERCISE SUCH RIGHTS. 

INVESTIGATIONS

Edible may seek to gather information from any user of the Website who is suspected of violating the Terms, and from any other user of the Website. Edible 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 believes, in its sole discretion, that a violation of the Terms 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 will fully cooperate with any law enforcement authorities or court order requesting or directing Edible to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate the Terms. 

YOU WAIVE YOUR RIGHTS AND WILL HOLD HARMLESS EDIBLE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EDIBLE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EDIBLE OR LAW ENFORCEMENT AUTHORITIES. 

AGENT FOR NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT

Edible respects the intellectual property rights of copyright owners. 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 the 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 Brands, LLC

10 Glenlake Parkway

North Tower, Suite 300

Atlanta, Georgia 30328

E-mail: legalnotices@edible.com

The written notice must comply with the Digital Millennium Copyright Act of 1998 (“DMCA”) and include 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 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 the Terms and/or our rights and obligations under the Terms, 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. This Agreement may not be assigned by you without our prior written consent.

RESOLVING DISPUTES

In the unlikely event that a problem occurs with respect to your use of the Website and these Terms, 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 bycontacting our Customer Service Department via email at help@edible.com. 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 YOURLEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE AJURY HEAR YOUR CLAIMS.

A. Claims Subject to Arbitration

Except as noted below, you and Edible agree to resolve any controversy with or involving Edible, including those arising out of the Website, Edible’s business, services, products, marketing programs, interactions between you and Edible, or the Terms, through final and binding arbitration. Your agreement to arbitrate such controversies is retroactive in effect and applies to all controversies regardless of whether they accrued before or after these Terms went into effect. Consistent with your agreement to resolve all controversies via arbitration, the arbitrator shall have exclusive authority to resolve all issues of arbitrability, including, but not limited to issues of scope and enforceability.

B. Claims Excluded from Arbitration

The following claims are excluded from arbitration:

i. Any disputes related to Edible's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights).

ii. Any claims that applicable law requires to be excluded.

C. About Arbitration

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. Arbitrator’s decisions are generally subject to much more limited review than a court decision.

D. Applicable Rules

Because the Terms memorialize a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Any arbitration with us will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“Consumer Rules”) of the American Arbitration Association (collectively the “AAA Rules”), as modified by the Terms, which govern in the event of a conflict. The rules and fee information are available at www.adr.org or by calling 1-800-778-7879. If your claim exceeds $150,000, the arbitration will be conducted by a panel of three arbitrators, unless all parties agree otherwise.

E. Costs of Arbitration

If the Consumer Rules apply, we will bear the cost of any filing fees and arbitrator’s fees for claims up to $75,000. You are responsible for all other additional costs, including expert witness fees and attorney’s fees, unless applicable law requires otherwise. For any claims exceeding $75,000 or non-consumer claims, you will be responsible for paying administrative costs and fees as provided in the applicable arbitration rules.

F. Location of Arbitration and Applicable Law

Arbitration under the Terms shall be held in Fulton County, Georgia, or any other location to which we mutually agree, subject to Georgia law. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the Northern District of Georgia(Atlanta Division) to resolve your claim, unless that court does not have subject matter jurisdiction, in which case the dispute will be resolved in Fulton County State or Superior Court. You waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i)inconvenient forum; or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.

G. No Class, Collective, or Joint Actions

Absent our written consent, 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, collective actions, class actions, private attorney general actions, and consolidated proceedings of any kind are not permitted.

H. Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TOGO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, EVEN FOR DISPUTESNOT SUBJECT TO ARBITRATION.

I. Arbitrator’s Decision

All awards shall be reasoned awards and the arbitrator’s findings, reasoning, decision, and award shall be set forth in writing and shall be based upon and be consistent with the law of the jurisdiction that applies to the claims. Judgment on the arbitration award may be entered in any court having jurisdiction. In the event that the arbitration results in an award which imposes an injunction on you or on us or contains a monetary award in excess of $250,000, the award shall be reviewable on appeal initiated within thirty (30) days of the award and shall not be considered final until after the time for filing the notice of the appeal has expired. The appeal shall be governed by the AAA Optional Appellate Arbitration Rules; to the extent they are not inconsistent with the Terms and shall be conducted by a panel of three new arbitrators selected to hear the appeal under the procedure for appointment from the national roster, except that the AAA shall not unilaterally appoint the arbitrators for the appeal, unless you and we so agree. Appeals must be initiated within thirty (30) days of receipt of the underlying award, by filing a Notice of Appeal with any AAA office. The decision of the panel shall be by majority vote. Such review shall reconsider anew any aspect of the initial award requested by the appealing party. Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. If the award does not impose an injunction on you or on us or contains a money award in excess of $250,000, then the award shall not be appealable and shall only be subject to such challenges as would otherwise be permissible under the FAA.

J. Alternative Arbitrator Selection

Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under the agreement to arbitrate as written – in whole or in part and for any reason whatsoever or for no reason – this agreement to arbitrate shall not fail or be invalidated as a result. Rather, in that instance, the parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce this agreement as written. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or arbitrator(s) that will enforce the agreement to arbitrate as written.  Should the court decline or refuse, then and only then and within thirty (30) days of a final and non-appealable decision on the matter from such court, the parties shall each respectively pick one arbitrator, and those two arbitrators shall then, by mutual agreement and within thirty (30) days of the selection of the second of them, select a third arbitrator. The third arbitrator so selected shall then arbitrate the claim as the sole arbitrator, except with respect to a claim for $150,000 or greater, in which case all three arbitrators so selected shall arbitrate the claim together, with the award and all pre-award decisions made by majority vote. In the case of any arbitration not administered by the AAA, the arbitrator(s) shall still be bound by all applicable provisions of this agreement to arbitrate and the Federal Arbitration Act. They further shall administer and conduct the arbitration under the applicable AAA Arbitration Rules, to the extent such rules may be practicably applied to an arbitration not administered by the AAA.

K. Your Right to Opt-out of Agreement to Arbitrate

You can decline this agreement to arbitrate by timely emailing legalnotices@edible.com and providing the requested information as follows: (1) your name; (2) the URL of the arbitration provision; (3) your address; (4) your phone number; and (5) a clear statement that you wish to opt out of this arbitration provision in the Terms. To be effective, the opt-out notice must be emailed no later than thirty(30) days after the date the Terms become effective. Please note that you will continue to be bound by any older arbitration provision you did not opt out of and any arbitration provision that otherwise governs your relationship with Edible. 

L. Severability

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the “NO CLASS ACTIONS” provision is found unenforceable, this entire agreement to arbitrate shall be null and void (though the jury trial waiver will remain in full force and effect).

M. Survival

This arbitration provision survives the termination of the Terms and your relationship with us.

GOVERNING LAW AND JURISDICTION

The Website (excluding linked web sites) is controlled by Edible from its offices within the 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 the laws of Georgia and the United States, as well as local laws in countries from which you are accessing the Website, if and to the extent applicable.

In any circumstances where the arbitration agreement permits the parties to litigate in court, the Terms shall be governed by and construed in accordance with the laws of the State of Georgia, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue in Georgia, in each case located in the City of Atlanta, County of Fulton, Georgia, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

AMENDMENT

We reserve the right to make changes, modifications, amendments, and/or updates to the Website 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, including, without limitation, the Privacy Policy and the Additional Terms, each time you use or access the Website. You agree that THE continued use of the Website is an acknowledgment and consent to any and all terms and conditions contained in the Terms, including, without LIMITATION, THE Privacy Policy and the Additional Terms, as each may be amended from time to time by Edible.

WAIVER

Our failure to exercise or enforce any rights or provisions of these Terms, including, without limitation, the Privacy Policy and/or the Additional Terms, shall not constitute a waiver of such rights or provisions.

SEVERABILITY

The provisions of these Terms, the Privacy Policy, and the Additional Terms expressly identified are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the Terms, the Privacy Policy, or the Additional Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

QUESTIONS

Questions or comments regarding the Website or the Terms, including the Privacy Policy and/or the Additional Terms, should be directed to:

Attn: Webmaster

Edible Brands, LLC

Corporate Headquarters

10 Glenlake Parkway

North Tower, Suite 300

Atlanta, Georgia 30328

E-mail: help@edible.com

Effective Date: August 1, 2026