Terms and Conditions


Last Revised March 17, 2021. 

Agreement Between User and ForeverPresent.com

Thank you for visiting Forever Present.  ForeverPresent.com (“Site”) is owned and operated by Forever Present LLC (“Forever Present,” “we,” “us,” or “our”).  Our Site provides you the service of purchasing and/or sending gifts and/or messages to loved ones, as directed by you, on your behalf after your death.  The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”).  Your use of the Site constitutes your agreement to all such Terms.  Please read our Terms carefully before using our Site.



You must be 18 years or older in order to use our services or register for an account on our Site.  If you are under 18, you may only use our Site with permission, and the assistance, of a parent or guardian.  

In accordance with these Terms, you must only use this Site for its intended purposes, and only as permitted by law.  You may not misuse, or interfere with, the Site, or access the Site using a method other than the interface and instructions provided, as described below.  If you fail to comply with our Terms, we may suspend or stop access to the Site.


Maintaining the privacy of our users and customers is important to us.  Your use of the Site is subject to Forever Present’s Privacy Policy, which is incorporated into and made part of these Terms.  Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.  By using our Site, you agree that Forever Present can use the personally identifiable information you provide in accordance with our Privacy Policy.


If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  You may not assign or otherwise transfer your account to any other person or entity.  You acknowledge that Forever Present is not responsible for third party access to your account that results from theft or misappropriation of your account.  We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.  


Our site may contain links to other websites (“third-party sites”).  Said third party sites are not under the control of Forever Present and Forever Present is not responsible for the contents of any third-party site, including without limitation any link contained on a third-party site, or any changes or updates to a third-party site.  Any links provided are provided only as a convenience, and the inclusion of any link does not imply Forever Present’s endorsement of the third-party site or any association with its operators.  If you decide to access any third-party sites, you do so entirely at your own risk and will be subject to their terms and conditions.

Certain services made available via our Site are delivered by third-party sites and service providers.  We do not control such third-party service providers and are not liable for their acts or omissions.  By using any product, service or functionality originating from our Site, you hereby acknowledge and consent that Forever Present may use and share such information and data with a third party, consistent with our Privacy Policy, as necessary for Forever Present to fulfill and provide the requested item, service or functionality on behalf of Forever Present and our Site users and customers.  


You are granted a non-exclusive, non-transferable, revocable license to access and use our Site strictly in accordance with these Terms.  As a condition of your use of our Site, you warrant to Forever Present that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  You many not use our Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Site.  If you do not comply with these terms, and we do not take action immediately, this does not mean that we are giving up any rights that we may have, such as taking any future action.


Using our Site does not give you ownership of any intellectual property rights in our Site or the content you access.  You may not use content from our Site unless you obtain permission from Forever Present (and the owner of the content if it is not owned by Forever Present) or are otherwise permitted by law.  These Terms do not grant you the right to use any branding, logos, trademarks, photos, videos, design elements, software or any other intellectual property contained on our Site.  We reserve all rights that are not expressly granted to you under these Terms or by law.  You are not permitted to remove, obscure, or alter any legal notices displayed in or along with our Site. 


Our Site and service is controlled, operated and administered by Forever Present from our offices in the United States.  Our service can only be provided to customers that reside within the United States at the time of their passing, and addresses provided for both customers and recipients of the products must be located within the United States.  If you access our Site from a location outside of the United States, you are responsible for compliance with all local laws.  You agree that you will not use our Site or content contained therein in any manner prohibited by any applicable laws, restrictions or regulations.  


Except as otherwise specifically set forth to the contrary herein, Forever Present provides the Site and our service “as is” and “as available,” without warranty or condition of any kind, express or implied.  You expressly agree that use of our Site and services is done at your sole risk.  

To the fullest extent permissible under applicable law, Forever Present expressly disclaims all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or law, or from a course of dealing or usage of trade.  No oral advice, or written or electronically delivered information given by Forever Present or its affiliates, officers, directors, employees or the like shall create any warranty whatsoever. 

Forever Present makes no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, timeliness, availability, or operation of our Site or the content or services provided on, or accessible from, the Site.  We do not warrant that the operation of our Site will be uninterrupted or error-free, or that the Site is free from viruses and other harmful components to equipment or software.  Typographical errors or other technical problems may sometimes result in inaccurate information being shown.

We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and bear no liability for such errors.  Forever Present may make improvements and/or changes to the Site’s features, functionality, or content at any time in our discretion.  If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section below.


In no event will we be liable, nor do we assume responsibility, for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use our Site (or the content or services provided on, or accessible from, this Site), or otherwise, even if we are advised of the possibility of such damages.

To the maximum extent permitted by applicable law, under no circumstances shall Forever Present and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connect with the use or performance of the Site, the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Forever Present or any of suppliers has been advised of the possibility of damages.  This includes any reliance by you on any information obtained from the service or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance.  Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If you are dissatisfied with any portion of our Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.  


To the fullest extent permitted by law, all prices and discounts for any and all products or services offered for sales are exclusive of applicable service and shipping charges and federal, state and local taxes.  Offers cannot be combined, and are not available on all products and services, and are subject to restrictions.  Promotional offers are limited to one per customer order, and are not for resale and may not be redeemed for cash.  

Products and offers may vary and are subject to availability, delivery rules and times.  If flowers are purchased, selected flowers will be purchased and delivered based upon the description of the product you purchase, subject to availability at the time Forever Present purchases the item to be sent to the recipient.  Substitutions may be necessary to ensure your item is delivered in a timely manner and/or on the date you requested.  The utmost care and attention is given to your order to ensure that any substitution made is as similar as possible to the requested item.  Should the flowers you select become unavailable due to unforeseen circumstances, Forever Present will purchase flowers of equal or greater value, size, and similar color matching the user’s selected flowers.  

Please note that Forever Present uses images for display purposes only.  Actual products may differ from product images displayed.  


You, the customer, may cancel your purchase at any time.  For a full refund, your purchase must be cancelled within 30 days of the date of purchase.  Any cancellations made after 30 days from the date of purchase will be refunded in an amount equal to 50% of the purchase price.  Any cancellations made after 2 years from the date of purchase will not qualify for a refund.  

The recipient of the gift or message may elect to stop receiving said items at any time.  Any cancellations made by a recipient will not qualify for a refund.  Please contact us at [email protected] with any questions.  


By accessing or using our service, you agree to the various policies and procedures that apply to the purchase of the products or services offered through our Site, which are made part of these Terms.  Prices will be those in effect at the time of purchase in U.S. dollars, and unless otherwise specified, exclude fees and taxes.  Pricing is based upon product availability and subject to correction or change at any time without notice.  

You authorize Forever Present to hold, receive and disburse funds in accordance with your payment instructions.  Your authorization permits us to debit or credit your credit card, debit card, or other payment methods that we accept at the time you purchase our service.  


Forever Present only delivers within the United States.  

Forever Present does not permit anonymous deliveries.  If you make a purchase, please be advised that your name will be included on the requested item sent to the recipient.  Additionally, should the recipient inquire as to whether or not the gift is recurring or whether they will be receiving additional deliveries as purchased by you, we will advise the recipient whether or not the gift is recurring.  


You agree to indemnify, defend and hold harmless Forever Present, our affiliates, and our respective officers, directors, employees, contractors, agents, licensors, third party service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Losses”) arising out of or relating to: (a) your use of the Site or services other than as expressly authorized in these Terms; (b) your violation of any these Terms or your violation of any rights of a third party; (c) your violation of any applicable laws, rules or regulations; or (d) claims arising from your fraud, intentional misconduct, criminal acts, or gross negligence.  


In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any use of any product or service provided by Forever Present, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties in a location mutually agreed upon by the parties.  This Arbitration Agreement applies to you and Forever Present, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  After the Notice is received, the parties may attempt to resolve the claim or dispute informally.  If resolution of the claim or dispute is not accomplished within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding.  

To the extent permitted by law, each party shall bear its own costs, including attorney’s fees, arising out of the arbitration.  All fees and costs due and payable to the arbitrator will be equally shared between the parties.  The parties agree to arbitrate all disputes and claims regarding these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims.  The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.  Any arbitration action must be initiated and/or demanded within the applicable statute of limitations imposed under the American Arbitration Association rules governing the pertinent claim.  The scope and rules governing the arbitration shall be determined by the Arbitrator, except to the extent such rules are in conflict with these Terms.   The Arbitrator’s authority shall be consistent with applicable law, the American Arbitration Association rules, and the Terms.  The Arbitrator’s award shall be final and binding, and judgment may be entered upon it in any court having competent jurisdiction.  This arbitration provision shall survive any termination of these Terms. 

All aspects of any arbitration proceeding, including but not limited to the award of the Arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prohibit a party from submitting to a court of competent jurisdiction any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.


Any claims or disputes within the scope of the arbitration agreement must be arbitrated or litigated under these Terms on an individual basis.  Class arbitrations and class, representative, or collective actions are not permitted.  The parties agree that a party may bring claims against the other only in an individual capacity.  Further, unless both you and Forever Present agree otherwise, the arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.


Forever Present reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site and related services, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled under these Terms or at law or in equity.  We reserve the right to refuse service to any individual for any reason at any time.  

Nothing contained within these Terms is in derogation of Forever Present’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Forever Present with respect to such use.  


To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all claims or disputes arising out of or relating to these Terms or to the use of the Site.  


If any provision or part of these Terms is determined to be invalid or unenforceable pursuant to applicable law by a court of competent jurisdiction, then only the invalid or unenforceable provision will be modified and superseded by a valid, enforceable provision that most closely effects the intent of the original provision, and the remainder of the Terms will remain in effect. 


Unless otherwise specified herein, these Terms and any other policies contained on the Site constitute the entire agreement between you and Forever Present, and said Terms supersede all other prior or contemporaneous agreements, communications and proposals between you and Forever Present with respect to this subject matter.  


Forever Present reserves the right, it its sole discretion, to change, modify, add to, or remove any portion of these Terms, in whole or in part, at any time.  The most current version of the Terms will be posted on the Site, and will supersede all previous versions.  Your continued use of the Site and/or services available after such revisions will constitute your acknowledgement of the current Terms, and agreement to abide and be bound by said Terms.  Forever Present encourages you to periodically review the Terms to stay informed of our updates.  


Forever Present welcomes your questions or comments:

[email protected] or click here to fill out our online web form.