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Terms & Conditions

Welcome to our website located at www.flamingosurprise.com (the "Website"). The Website is owned and operated by Flamingo Surprise, Inc. ("Flamingo"), a lawn greeting company that sells and rents lawn ornaments and displays and performs delivery and pick-up services, with its primary place of business at 250 James Street, Bensenville, Illinois 60106. The goal of the Website is to provide access to our catalog of products and services, information regarding ordering, returns, refunds, and other transactions, and other ideas and information regarding Flamingo and our products and services, and to offer a limited "National Directory" of lawn ornament businesses. These "Terms of Use" are provided to ensure a safe, pleasant browsing and shopping environment for all users of the Website. You must be eighteen (18) years of age or older to use or place any orders through the Website.

As used herein, any reference to "you", "customer", "visitor", or "user" refers to any person, entity, computer, or device which accesses the Website or places an order for any product or service from Flamingo. Any references to "we", "our", or "company" refers to Flamingo Surprise, Inc., its agents, employees, subsidiaries, affiliates, and other related entities.

BY ACCESSING THIS WEBSITE, YOU UNDERSTAND AND EXPRESSLY ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY NOTICE, AND AGREE TO FOLLOW THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE WEBSITE.

These Terms of Use shall supersede any subsequent terms and conditions included in any purchase order, whether or not such subsequent terms and conditions are signed by Flamingo or any of its employees or agents. We reserve the right to alter, amend, or change these Terms of Use at any time, which shall be effective immediately upon the posting on the Website.

Any violation of these Terms of Use may result in the immediate termination of your use of the Website and/or any other appropriate legal action against you under any applicable law or regulation.

Copyrights and Trademarks

The Website is the sole and exclusive property of Flamingo.

"Flamingo Surprise", and any and all logos, trade dress, custom graphics, icons, and other service and/or trade marks (collectively, the "Trademarks") are the sole and exclusive property of Flamingo, and are protected by United States and international trademark laws. The use of any of the Trademark without the express written permission of Flamingo is strictly prohibited, and any unpermitted use may result in legal action on the part of Flamingo.

Unless otherwise specified, all creative materials contained anywhere on the Website, including all text, designs, graphics, logos, icons, images, or any other material, including, without limitation, the selection and arrangement thereof, are the sole an exclusive property of Flamingo, and is protected by United States and international copyright laws.

You may view, print, download, or otherwise copy any page of the Website only for your own limited personal use. Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute, reproduce, republish, modify, license, post, transmit, e-mail, download, upload, or otherwise disseminate in any way any information or content from the Website in whole or in part without the prior written permission of Flamingo. Any and all links to this site must direct to the top-level www.flamingosurprise.com domain, and any and all deep-linking to any interior pages of the web site without the prior written consent of Flamingo is strictly prohibited.

Representations by You

By using the Website, you represent, warrant, and agree that (i) you are at least eighteen (18) years of age; (ii) a resident of the United State; (iii) that all materials of any kind submitted by you through the Sites or for inclusion on the Sites will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, publicity, or other personal or proprietary rights, nor contain inappropriate, pornographic, illegal, offensive, harassing, or other unacceptable material; and (iv) that you shall use the Website only in strict accordance with these Terms of Use and only for lawful purposes, and shall not use the Website to send any unsolicited advertising, promotional materials, or other forms of solicitation to other users.

Accounts

During the registration process you may be asked to select a unique password for access to certain portions of the Sites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Website, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of Flamingo, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify us at 1-800-478-7774 of any potential unauthorized use(s) of your account, or breach of security.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Flamingo in its sole discretion deems offensive.

Accuracy of Information and Operation of the Website

While we strive to maintain the accuracy and timeliness of all information included in the Website, we do not warrant and cannot guarantee the accuracy or completeness of any of the information, text, graphics, links, and other items herein.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed. The availability of products and other items on the Website may change at any time, without notice, and Flamingo reserves the right to cancel any orders placed for products which are no longer available. We shall have the right to refuse or cancel any orders as set forth herein whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. FLAMINGO FURTHER DISCLAIMS ANY REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION OF FITNESS FOR A PARTICULAR PURPOSE.

Flamingo makes no warranties or guarantees whatsoever that the Website shall experience 100% uptime or shall be at all times available for your access. Website downtime is most often caused by server/site upgrades or unexpected server crashes. Flamingo shall take reasonable efforts to announce any planned downtime on the homepage of the Website. However, unexpected server crashes are inevitable, and problems resulting thereof may persist for extended periods of time. If you experience a continuing problem with the Website, please contact us at 1-800-478-7774.

FLAMINGO WILL HAVE NO RESPONSIBILITY WHATSOEVER OR WILL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER CLAIM BASED ON ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, SITE CONTENT, OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEBSITE OR ANY WEBSITE OPERATED BY A THIRD PARTY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Order Acceptance Policy

Flamingo accepts orders and processes payments for accepted orders at the time you place the order. We reserve the right, at any time after acceptance of your order, to accept or decline your order for any reason, including, but not limited to, any suspected illegal or tortious conduct. In the case of any cancellation, we will promptly refund any and all payments received by you for the order. We may require additional verifications or information before continuing any order. At the time an order is placed, you and Flamingo shall agree on each of: (i) the date and time of delivery of the product or service, (ii) the number of products to be installed, if any, and (iii) the date and time for the removal of any products by Flamingo, if any.

Sales Taxes

We shall automatically charge and withhold applicable sales taxes for orders of products to be delivered to addresses within Illinois, and any other state which may require the collection of such sales tax from us. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Cancellation, Returns, and Refunds

You may cancel any order and receive a full refund of all payments made to us, by no later than 5 p.m. Central Time on the day before the agreed upon date of delivery of the goods by Flamingo. At any time following the delivery of the goods by Flamingo, but before the agreed upon time of removal of any products, you may request the earlier removal of the products. To the extent reasonably possible, Flamingo shall comply with a request for early removal of its products, but, however, shall reserve the right to charge a reasonable early removal fee.

Directory Services

Flamingo provides a limited and selective directory of lawn ornament businesses on the Website (the "National Directory"), through which lawn ornament business can apply and provide a listing of their contact information to be made available to users of the Website (a "Listing"). Each Listing shall include the respective business' name, phone number, email address, address, website, and/or such other information as the business may provide to Flamingo.

You may register your lawn ornament business for a Listing on our National Directory by completing and submitting the application provided on the Website (the "Directory Application") and submitting the required listing fees referenced therein. By submitting the Directory Application to Flamingo by any means, you agree and covenant to strictly comply with all of the terms and conditions of these Terms of Use and the Directory Application.

Flamingo may, at any time, and without prior notice to you, remove any directory listing for any reason whatsoever. There are NO REFUNDS for any listing fees submitted to Flamingo for listing on the National Directory.

Flamingo does not endorse the services of any company listed on our National Directory, and cannot guarantee, represent, or warrant any services or products which may be offered by thereof. Flamingo cannot guarantee, represent, or warrant the accuracy of any information contained in any Listing on the National Directory. By using the National Directory, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of the Website to obtain National Directory listings. However, if you have a problem with any National Directory Listing, please notify us at 1-800-478-7774.

Links, Search Results, and Advertisements

The Website may link to other sites operated by third parties. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using the Website to search for or link to another third party site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of the Website to obtain search results and/or to link to a third party site. However, if you have a problem with a link from the Website, please notify us at 1-800-478-7774. The Website may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Website are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

Content Provided by You

Except as specifically authorized and permitted by Flamingo, you shall upload, post, host, push, or otherwise transfer by any means any content or materials whatsoever to the Website.

To the extent that Flamingo shall specifically authorize the uploading of any content by you, you shall only upload such content in strict compliance with these Terms of Use, and shall not attempt to upload or otherwise transfer to Flamingo or the Website any material or content which: (i) exceed any stated file size limitations, (ii) are of a file type or form other than that specifically authorized by Flamingo, (iii) violate any state, federal, or local law, ordinance, rule, or regulation, (iv) contain any virus, Trojan horse, adware, malware, or any other file type which may cause harm to Flamingo's or any of its users' computers, servers, or other systems, and/or (iv) which is subject to any third party copyright, trademark, or other intellectual property rights.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and your purchase of products or services through the Website. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use or our Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms of Use or our Privacy Policy could be subject to criminal or civil penalties.

DMCA Policy If you are notifying Flamingo of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:

1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

2. A description of the allegedly infringing material and information sufficient to permit us to locate the material;

3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Designated Agent for Notification of Claimed Copyright Infringement

NAME: Ralph Fazio
ADDRESS: 250 James Street
EMAIL: Ralph@flamingosurprise.com
PHONE: 1-800-478-7774
FAX: 1-630-350-8117

Applicable Law

You agree that any legal action brought against us shall be governed by the laws of the State of Illinois, without regard to conflict of law or choice of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Website shall be an appropriate federal or state court located in DuPage County, Illinois. We make no representations that the content in the Website is appropriate for access outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Indemnity

By using the Website, you agree to indemnify, defend, and hold harmless Flamingo, its subsidiaries, affiliates, officers, agents and other partners and employees, from any loss, liability, claim, demand, costs and/or expenses, including, without limitation reasonable legal fees and expenses, made by any third party alleging, arising, related to, due to or resulting from your use of the Website, including providing a link to another site.

Severability

If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Limitation of Liability

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, FLAMINGO SURPRISE, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS OR SERVICES SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, FLAMINGO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TITLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLAMINGO OR ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, OR OTHER RELATED ENTITIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS OF USE.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you

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Flamingo Surprise Inc. is a lawn greeting rental company that performs the delivery and pick up of displays ordered by the customer. Flamingosurprise.com and its trademarks, the Web Site are owned by Flamingo Surprise, Inc. with offices at 250 James Street, Bensenville IL, 60106. By accessing any area of the Web site you agree to be legally bound, and to abide by, the Terms & Conditions.