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FLATO CLUB Terms & Conditions

FLATO CLUB TERMS & CONDITIONS

Last Updated: April 24, 2020, Effective May 29, 2020

  1. Membership & Eligibility
  2. Membership Tiers; Earning and Redeeming Flato Club Points
  3. 2a.) Flato Homeowners
  4. Rewards and the Rewards Bazaar
  5. Certain Tier Benefits and Rewards Explained
  6. Agreeing to Flato Home's Privacy Policy & Email
  7. Flato Club
  8. Flato Homeowners
  9. Communications with Flato Home; How to Opt Out
  10. Changes, Termination and/or Removal From Program
  11. Limitation of Liability
  12. Copyright
  13. Resolving Disputes
  14. Agreement to Arbitrate Disputes – U.S. Residents Only
  15. Choice of Law/Forum Selection
  16. Severability
  17. Additional Information on the Program

Terms effective: May 29, 2020

 

  1. Membership & Eligibility

The Flato Club Program ("Program") is a free rewards program offered by Flato Home USA, Inc. ("Flato Home") to its customers located in the U.S. and Canada. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual. You must be age 13 years or older and a legal resident of the United States or Canada to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.

BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). NO PURCHASE IS NECESSARY TO BECOME A FLATO CLUB.

Affiliates of Flato (e.g. Flato Developments) may also have similar loyalty programs. Membership in the Program does not confer any rights or benefits in the program of any other Flato affiliate.

 

  1. Membership Tiers; Earning and Redeeming Flato Club Points

Membership Tiers Generally

There are three tiers of membership in the Program: Bronze, SILVER and Gold. Achieving SILVER or Gold status requires a minimum spend per year, as explained below. All membership tiers enjoy a variety of benefits made available by Flato Home in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits (including Rewards (as defined below), special offers, exclusive events and advance access to products) will be determined by Flato Home in its sole discretion.

Flato Home may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.

 

Bronze Membership


All members are automatically granted Bronze membership status upon enrollment. A member will remain a Bronze member indefinitely unless the minimum annual spend required to achieve Silver or Gold status is met.

Silver Membership


Silver status is conferred on those registered Flato Club members who spend a minimum of $350 on merchandise during a 12-month period. At the end of a 12-month period from receiving any new membership status Flato will re-evaluate the members total spend for the preceding 12 months. If a member does not requalify for Silver status and does not qualify for Gold status, the member will revert to Bronze status.

Gold Membership


Gold status is conferred on those registered Flato Club members who spend a minimum of $1,000 on merchandise during a 12-month period. At the end of a 12-month period from receiving any new membership status Flato will re-evaluate the members total spend for the preceding 12 months. If a member does not requalify for Gold status and does not qualify for Silver status, the member will revert to Bronze status.

 

 

Flato Club Points


Under the Program, all three tiers of membership will have 10 Flato Club points credited to their Flato Home Bank for every 1 U.S. or Canadian dollar spent (as applicable based on country of purchase) (a “Flato Club Point”).

We may offer bonus point events from time to time and in that circumstance the bonus points offer would apply. Separate terms and conditions will apply to each bonus points offer.

You must provide your Flato Club registered e-mail address to have any Flato Club Points credited to your Flato Home Bank.

Flato Club points may be earned through qualifying actions as well as the purchase of merchandise on www.flatohome.com, in the Flato Developments Décor Centre or at the Flato Head Office presentation centre. Flato Club Points cannot be earned towards the purchase of e-gift cards, taxes, shipping, or any subscription program.

As part of the benefits of being a member, your Flato Club Points may be redeemed for rewards or applied to future purchases by FlatoHome.com and Flato Developments. For example, 100 collected Flato Club Points can be redeemed on flatohome.com as a $1 credit towards a future purchase. Flato Club points can also be redeemed as Flato Décor Dollars. 100 Flato Club Points can be redeemed as $10 Décor Dollars in the Flato Décor Centre. The maximum amount of Flato Club Points to be redeemed as Flato Décor Dollars is 25,000 points, which is equivalent to $2,500 Flato Décor Dollars. Flato Club Points do not count toward www.flatohome.com’s free shipping threshold. Flato Club Points can only be redeemed in the Flato Décor Centre, Flato Presentation Centre or, if redeemed online at www.flatohome.com. Only valid to Canadian and American residents.

Flato Club Points themselves have no cash value and can only be redeemed for Flato Décor Dollars and dollars that used towards purchases on FlatoHome.com. All points can be redeemed to Flato Décor Dollars, including the bonus points that are collected from FlatoHome.com promotions. FlatoHome.com may allow Flato Club Points to be redeemed for other benefits or items of merchandise from time to time. However, Flato Club Points are not redeemable for cash, for gift cards or for e-gift certificates and Flato Club Points cannot be used as payment for any in-store paid services.

 

 

Flato Club Point Expiration

It is our hope that you redeem your Flato Club Points on a regular basis. All unredeemed Flato Club Points will expire when a program member has not engaged in Flato Club Point activity associated with that membership account (through purchase or redemption) for 36 months or more. If you have questions regarding the date of your last Flato Club Point activity or your last purchase, please check your Flato Club page (https://flatohome.com/pages/flato-club-rewards). If you feel Flato Club Points have been expired in error, please email Customer Service at info@flatohome.com for assistance.

 

2a.) FOR FLATO HOMEOWNERS (flatogroup.com)


For all customers who purchased a home or leased a unit from Flato Developments, Flato will honor this purchaser or leaser instantly with a Gold Tier Membership. Once the membership is activated, the membership minimum spend will be required to maintain the membership level. Please reference the paragraph “Gold Membership” for more details.

All homeowners will be presented with a gift card from FlatoHome.com after 6 months of completing a purchase with Flato Developments. All gift cards will be emailed to the registered homeowners. After initial registration please allow approximately 7-10 business days for your Gold membership to be activated. If the Gold Membership is not activated after 10 business days from registering on FlatoHome.com, please contact our Customer Service at info@flatohome.com.

We recommend all Flato Homeowners redeem their collected Flato Club Points to date as Décor Dollars prior to their Flato Décor appointments. Flato also recognizes any dollars that are spent in our Décor Centre and adds them towards your Flato Club Points. For every $2 spent in the Flato Décor Centre the purchaser will receive 1 Flato Club point back in their account up to a maximum of 250,000 points. Flato Club Points are not earned on any paid amounts from a voucher, gift card or Flato Club Points reward. The minimum spend of $500 is required to qualify of this offer.

For example, a homeowner who spent $10,000 in our Décor Centre, will collect 20,000 Flato Club Points, which can be redeemed for $200 towards any merchandise purchase on FlatoHome.com. This $200 has no cash value and can not be redeemed to cash in the Flato Décor Centre.

 

 

The Flato Club Points policy is effective as of Apr 1, 2021.

Flato Club Profile Page

Your Flato Club profile page is your destination for everything Flato Club related, including the Benefits associated with your membership tier; your current Flato Club Point balance or Flato Club Point activity stored in your “Flato Home Bank”; your "Dollars Saved" from seasonal promotions and offers; to redeem Flato Club Points for Flato Dollars that can only be used on Flato Home website and to redeem gifts or access other membership Benefits. Your Flato Club profile page can be accessed by logging into your online account at https://flatohome.com/pages/flato-club.

 

  1. Rewards

Generally

Flato Home may offer Rewards through the Flato Club Rewards Bazaar from time to time and in its sole discretion. The Rewards Bazaar is where you can browse Rewards and then redeem Flato Club Points for Rewards with redemption varying from 50 Flato Club Points to 100,000 Flato Club Points. Rewards may vary but are typically deluxe product samples, product bundles or experiences. When shopping online, you can add Rewards to your online basket from the Rewards Bazaar if you are logged into your Flato Club account. You can also select Rewards from the Rewards Bazaar in store during the checkout process.

All Rewards Bazaar offers are for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited and you must be a registered Flato Club in order to redeem Rewards Bazaar offers. Flato Club members may only redeem one of each Reward per transaction and cannot redeem more than 10 of any one type of Reward per year. Flato Club Points will be deducted at time of redemption. Rewards are subject to change, alteration, substitution, or termination by Flato Home in its sole discretion at any time.

All Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for Flato Club Points, cash, another product, gift card or e-gift certificate unless pursuant to a specific offer from Flato Home. Flato Home is not responsible for lost, stolen or damaged Rewards. You are solely responsible for any taxes incurred by you relating to the receipt of Rewards. Rewards can only be shipped to addresses in the US or Canada. Some Rewards may only be available to a resident of the U.S. or Canada. Employees of Flato Home, Flato Home are not eligible to redeem any Premium Rewards (as defined below). See specific Rewards for any additional terms and conditions.

 

Redeeming a Reward

Rewards available for redemption in store do not require a merchandise purchase. Rewards valued at up to 749 Flato Club Points (“Standard Rewards”) require a merchandise purchase if redeemed online. Rewards valued from 750 Flato Club Points and above (“Premium Rewards”) do not require a merchandise purchase even if redeemed online and are provided with free standard shipping. Premium Rewards redeemed without a merchandise purchase are not eligible for free samples and cannot be used in conjunction with any other promotional codes or promotional discounts during checkout. Always check the details on a Reward to confirm if it is eligible for free shipping.

If your online order is not completed during the same visit, the Rewards will remain in your shopping basket. However, they may no longer be available when you return and complete the order. You are not required to redeem a Reward during checkout. Due to the limited nature of the Rewards, we regret that we are unable to re-ship Standard Rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event a Premium Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Flato Home customer service via email at info@flatohome.com or visit your local Flato Home store.

 

Online Order Cancellation

Because all Standard Rewards redeemed online are shipped with merchandise orders, if you cancel an item from your order and that cancellation drops your Flato Club Points balance below the required Flato Club Points to redeem the Standard Reward, you will still receive the Standard Reward as long as other merchandise is being shipped. It is possible your Beauty Bank could have a negative balance if you do not have enough Flato Club Points in your account because of the item cancellation. If your entire order is cancelled by you, any Standard Reward will not ship because a merchandise purchase is required and the redeemed Flato Club Points will be re-credited to your Beauty Bank.

Redeemed Flato Club Points will be re-credited if an order is cancelled by Flato Home.

Samples and all other promotional items are shipped with merchandise orders only. If part of your order is cancelled, the samples and/or other promotional items in your order will ship with the rest of your merchandise order. If your entire order is cancelled, the samples and/or other promotional items will not ship because a merchandise purchase is required.

 

  1. Certain Tier Benefits and Rewards Explained

 

Standard Shipping Benefit 

All Flato Club members will receive free standard shipping on all qualifying online purchases in the U.S. and Canada when they make a purchase of $50 or more.

SILVER members will receive free standard shipping on all qualifying online purchases in the U.S. and Canada when they make a purchase of $35 or more.

Gold members will receive free standard shipping on all qualifying online purchases in the U.S. and Canada.

The standard shipping Benefit is not valid on international shipping.

You must check out with a valid Flato Club account to receive the standard shipping Benefit. Benefit has no cash value. No adjustments on previous purchases. Benefit is non-transferable. Benefit subject to change, alteration, or termination by Flato Home in its sole discretion at any time.

 

Flato Club Cash Reward

Flato Club Cash is an instant $10 discount applied to the purchase price of merchandise available to all Flato Club members in exchange for redemption of 500 Flato Club Points. (The $10 discount is either U.S. Dollars or Canadian Dollars depending on the country of redemption; no exchange rate is applied.)

Order subtotal (after all other discounts have applied) to which the Flato Club Cash Reward is applied must be greater than or equal to $10. Only one Flato Club Cash Reward can be applied per transaction.

Return of merchandise purchased with a Flato Club Cash Reward will be for the price actually paid after applying the $10 discount. Neither the 500 Flato Club Points deducted from your Flato Club account or the $10 discount will be refunded. Exchanges of the same item will be credited for the full transaction value including the $10 discount.

Flato Club Cash is not cash, has no cash value without a purchase and may not be altered, sold, bartered or transferred. Flato Club Cash can be used with Flato Home credit card rewards (excluding 15% off first purchase rewards), Gold Reward, global promotions where specified by Flato Home, sample promotions where specified by Flato Home and Flato Home employee discounts. The Flato Club Cash Reward is applied last after all other promotional discounts have been applied. Flato Club Cash cannot be used on any other promotional offers, discounts or Rewards. The Flato Club Cash Reward is subject to change, alteration, or termination by Flato Home in its sole discretion at any time.

 

Gold Reward

A Gold Reward is a $100 Reward that is made available to Gold members from time to time and in a limited quantity in exchange for redemption of 2,500 Flato Club Points. Gold Rewards are only available while supplies last. (The $100 is either U.S. Dollars or Canadian Dollars depending on the country of redemption; no exchange rate is applied.) A Gold Reward may then be used online at www.flatohome.com

After Flato Club Points are redeemed for a Gold Reward in the Rewards Bazaar, you will receive a confirmation email within 24 hours that will provide a link to generate a code and instructions on how to use the code to purchase merchandise. The code, once received via the link, is immediately available for use. If you have not received your confirmation email within 48 hours, please contact customer service at info@flatohome.com or call 1-877-FLATO HOME. The code can be viewed multiple times from the same confirmation email, but the code will expire after 90 days from the date of the email.

International deliveries are not permitted on a Gold Reward purchase and the Gold Reward cannot be combined with any other promotional offer including Flato Club Cash. For any merchandise purchase, enter the code in the promo code field during online checkout or, if shopping in store, reference the code (via the email link) during checkout and provide the code to a Flato Home Beauty Advisor at checkout. Only one Gold Reward can be used per transaction, the full $100 amount must be redeemed (for purchases of less than $100, any remaining value will be forfeited), and the Gold Reward must be used within 90 days after the date of the confirmation email containing the link allowing you to view the code. Flato Club Points are not refunded if the Gold Reward is not used within those 90 days. 

If an item from your order purchased with a Gold Reward gets cancelled by Flato Home, you will receive an online merchandise credit for the pro-rated value of the Gold Reward. If your entire online order purchased with a Gold Reward is cancelled by Flato Home, you will receive an online merchandise credit in the original value of the Gold Reward. If you voluntarily choose to cancel your order (in whole or in part), you will not be issued an online merchandise credit.

Items purchased with a Gold Reward cannot be returned to Flato Home stores, Flato Home.com. Unused and unopened items can be exchanged in Flato Home stores only for the exact same item (for example, if the item was damaged).

A Gold Reward is not transferable and may not be sold, transferred or assigned to anyone else. Attempts to transfer the code may invalidate the Gold Reward. You can always use your Gold Reward to purchase merchandise as a gift for someone else. Gold Reward terms and conditions are subject to change, alteration, or termination by Flato Home in its sole discretion at any time.

 

Flato Club Birthday Gift Benefit

All Flato Club members are eligible to redeem one Birthday Gift per year during the month of their birthday. To view the different Birthday Gift options for your Flato Club status, please visit the Flato Club benefits page. The type and number of Birthday Gift options vary by membership tier and may vary between the U.S. and Canada. 

To redeem online, a merchandise purchase is required and the Birthday Gift will be available at checkout.  Contact customer service at info@flatohome.com or 1-877-FLATO HOME for support in redeeming your Birthday Gift. Substitutions may occur. Valid while supplies last. The Birthday Gift benefit is subject to change, alteration, or termination by Flato Home at its sole discretion at any time.

 

  1. Agreeing to Flato Home's Privacy Policy & Email

Flato Home values your privacy. BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY FLATO HOME'S APPLICABLE PRIVACY POLICY (click here for U.S. and here for Canada) AND OUR WEBSITE TERMS OF USE (click here for U.S. and here for Canada). As is explained in our privacy policies, we use, and retain the information we collect to, among other things, detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate accumulated Flato Club Points and benefits or to violate these Terms.

 

  1. Communications with Flato Home; How to Opt Out

By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Flato Home. By signing up to join the Program, you will automatically be subscribed to receive Program emails.

If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.Flato Home.com or www.Flato Home.ca or by emailing Customer Service at info@flatohome.com or by calling 1-877-FLATO HOME.

 

  1. Changes, Termination and/or Removal From Program

Flato Home may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, Rewards, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Flato Home website. For Quebec users: Where required by law, Flato Home will send you a written notice of these changes, not more than 90 days and at least 60 days prior to the effective date of the change, setting out the amended terms and the date of the coming into force of the amendment.

YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

Flato Home reserves the right to exclude individuals from the Program or remove Flato Club Points from a member's Beauty Bank in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by Flato Home), failure to follow any terms of the Program, Membership inactivity for more than 12 months, any misrepresentation or any conduct detrimental to the interests of Flato Home not otherwise protected by law may subject members to Membership revocation or deduction of Flato Club Points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any Flato Club Points in your account will automatically expire. Flato Home reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

 

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FLATO HOME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON FLATO HOME'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM FLATO HOME AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

 

  1. Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 1999-2020 Flato Home USA, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Flato Home and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Flato Home or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Flato Home is strictly prohibited.

 

  1. Resolving Disputes

If a dispute should arise between you and Flato Home, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing info@flatohome.com or by calling 1-877-FLATO HOME.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND FLATO HOME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

 

  1. Agreement to Arbitrate Disputes – U.S. Residents Only

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS 

WE BOTH AGREE TO ARBITRATE: You and Flato Home agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Flato Home's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Flato Home may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS 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. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Program shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Flato Home must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Flato Home will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Flato Home will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Flato Home, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Program terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Flato Home.

NO CLASS ACTIONS: 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, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed 

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Flato Home in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FLATO HOME WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Flato Home at info@FlatoHome.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Program terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Program.

 

  1. Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits Flato Home and U.S. residents to litigate in court, these Program Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. If you are a U.S. resident you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California. This provision does not apply to residents of New Jersey.

For residents of Canada, this Agreement will be interpreted in accordance with the applicable laws of the province or territory in which you reside and the applicable laws of Canada.

 

  1. Severability

The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision 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 it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Flato Home, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

 

  1. Additional Information on the Program

If you have any questions regarding the Program, you may email Customer Service at info@flatohome.com or call 1-877-FLATO HOME.

 

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