Flo's PTO Program Terms
1. Program Terms. These Program Terms (“Terms” or “Program Terms”) constitute the legally binding terms governing your use of the program available to you through Oriental Trading Company, Inc. (“OTC”) and its Site (each, a “Program”). The Program is offered exclusively by OTC to Members (also referred to as “you” or “your”) participating in the Program and you agree to be bound by these Program Terms as they may change from time to time. No purchase is required in order to be a eligible member of this Program.
2. Acceptance. When you enroll in a Program, and each time you use or access the Site or Program, you signify your agreement with these Terms. You are responsible for reading, understanding, and remaining knowledgeable of the Program Terms, any Program rule changes, account statements, available benefits and rewards, the OTC Privacy Policy, and other communications from OTC in order to understand your rights, responsibilities, and status in the Program. If you have questions about the Program or these Program Terms, you should contact Customer Service at (800) 875-8480. If you do not agree to these Program Terms, you must discontinue using the Site and terminate your membership in the Program (as applicable).
3. Updates to Terms. We reserve the right to update or change these Program Terms at any time by posting the most current version of the Program Terms on the Site. We will provide notice of changes to the Program Terms by posting the new Program Terms on the Site with a new Effective Date shown. All such changes in the Program Terms shall be effective from the Effective Date set when it is posted on the Site or Program. Your continued use of the Site after we post any changes to the Program Terms signifies your agreement to any such changes.
4. Electronic Form. By accessing the Site or enrolling in a Program and becoming a Member, you consent to have these Program Terms provided to you in electronic form.
5. Eligibility and Enrollment. The Program is open to individual natural persons who are part of a Parent Teacher Organization or Association of an accredited public, private or parochial school (“PTO” or “PTA”) located in the United States and who are legal residents of the 50 United States and as of the date of their enrollment in the Program are at least eighteen (18) years of age. Employees of OTC, its parents and subsidiaries, advertising and promotion agencies and all other entities or persons participating in the design, promotion, marketing, advertising, administration or fulfillment of this Program and their immediate families are ineligible to participate in the Program. An eligible individual may enroll in the Program by fully and accurately providing applicable information on the OTC website at (https://www.orientaltrading.com/flos-pto-program-a1-560967.fltr?view=ad_d&signup=true).
By enrolling and becoming a Member, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the enrollment form, and (ii) maintain and properly update your account information to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or you violate these Program Terms, as determined in our sole discretion, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Programs (or any portion thereof). Further, OTC may deny or cancel membership in the Program to any enrollee at its sole discretion and without written notice. The Program benefits and rewards are nontransferable unless expressly stated otherwise. A member’s account is nontransferable and any such attempt to transfer or assign such account shall be null and void. Upon the death of a member, the member’s account will be closed and any benefits or other rewards in the account will be forfeited.
6. Benefits of Membership
Members will receive exclusive benefits, such as free shipping using a code designated by OTC, discounts and deals throughout the school year, exclusive content and planning tools for key PTO/PTA events, direct access to OTC to share ideas and needs concerning the Product and more. See the Program for further details. Generally, communication regarding the Program, your Program account, benefits, and promotions will be sent to you via email. Because Program communications are generally sent via email, you are responsible for ensuring we have your most recent and accurate email address. OTC is not responsible for communications, offers, or rewards sent to out-of-date email addresses. OTC shall have sole discretion when such benefits start and end throughout the school year and in what form the benefits are delivered, whether it be in the form of free shipping, a discount, a percentage give back based on purchases, a promotional e-card or other form of benefit. A benefit may be taxable and any tax is the sole responsibility of the Member.
7. Access and Use. This Site and the Program are for your personal, non-commercial use in accordance with these Terms. Your membership is non-transferable. You agree that you will not (i) copy, display, or distribute any part of the Site, in any medium, without our prior written consent, (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose, or (iii) use the Program for any commercial benefit. You further agree that you will not use any automated devices, such as spiders, robots, or data-mining techniques, to catalog, download, store, or otherwise reproduce, store, or distribute content available on the Site, manipulate the Site or the Program, or otherwise exceed the limited access granted to you by us. You will take no action to interfere with, interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
8. User Submissions. By submitting content to the Site, for instance, in the form of a testimonial (“User Content”), you grant to us and our partners, licensees and successors in business a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from, market, and promote the User Content for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, and any personal information you submit with the User Content without your prior approval or the payment of any compensation. All submissions of User Content shall be subject to OTC’s Terms of Use and Privacy Policy.
9. Proprietary Rights. The Site and all material published on the Site, including but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials, is owned by us or our licensors and is protected by copyright, patents, trademarks, trade secrets, and/or other proprietary rights, including under the United States copyright laws. We own a copyright in the selection, coordination, arrangement, and enhancement of such content and a copyright in the Site. All of our logos are trademarks of Oriental Trading and are protected by state and federal laws. All other trademarks appearing on this Site (“Third Party Marks”) are trademarks of their respective owners. Users are prohibited from using any Third Party Marks without the written permission of such third party that may own the Marks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any aspect of the Site or Program. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
10. Limitation on License. Except for allowing you to use the Site and Program for your personal use as set forth in the paragraph above, when you use the Site or Programs, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights. You understand that you have no rights to the Programs or any other of our property except as we indicate in these Terms.
11. Links. You may be able to access other websites or resources through links on the Site. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and not responsible or liable for any content, advertising, products, or other materials available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or Programs available on or through any such site or resource.
12. Indemnity/Release. You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold us and our affiliates, business partners, and their respective officers, directors, employees, and agents (collectively, “Covered Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that any Covered Party may incur arising out of or related to any products or Program purchased by you in connection with the Site or the Program and in connection with a third-party claim or otherwise, in relation to your use of the Program or access to the Site, or your violation of either these Program Terms, applicable law, or the rights of any third party. You are solely responsible for your own interactions with any merchants accessed through the Site or Program. To the extent permitted under applicable laws, you hereby release the Covered Parties from any and all claims or liability related to any product or Program of a merchant, any action or inaction by a merchant, including any merchant’s failure to comply with applicable law and/or failure to abide by the Program Terms and any conduct or speech, whether online or offline, of any other user.
13. Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SITE AND PROGRAM (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND PROGRAMS) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND PROGRAM AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE OR PROGRAM, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SITE OR PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR PROGRAM WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR PROGRAM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND PROGRAM. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND PROGRAM AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND PROGRAM.
ALL CONTENT, PRODUCTS, AND THIRD-PARTY PROGRAMS ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR PROGRAM ACCESSED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR PROGRAM OBTAINED FROM THE SITE OR A LINKED SITE.
14. Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES AND PARTNERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PROGRAMS, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE PROGRAMS, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. OUR LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).
15. Privacy. This Site is governed by the terms and conditions set out in our privacy policy. This policy can be found at https://www.orientaltrading.com/h3-help-security-and-privacy.fltr, which is incorporated herein by reference.
16. Disputes: Except where prohibited, Member agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Program and Site or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Nebraska or the Nebraska District Court located in Douglas County, Nebraska; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Program, but in no event attorneys’ fees; and (3) under no circumstances will Member be permitted to obtain awards for, and Member hereby waives all rights to claim, indirect, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of this Program, or the rights and obligations of the Member in connection with the Program and Site, shall be governed by, and construed in accordance with, the laws of the State of Nebraska without giving effect to any choice of law or conflict of law rules (whether of the State of Nebraska or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nebraska.
17. Miscellaneous. These Program Terms and policies incorporated herein are the entire agreement between you and us and supersede any and all prior or contemporaneous agreements between you and us relating to your use of the Site or the Program. If any part of these Program Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Program Terms, all of which will remain in full force and effect. Our failure to partially or fully exercise any rights, shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Program Terms. Our rights and remedies under these Program Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Effective Date: August 1, 2023