We may modify these Terms from time to time. Any changes to these Terms will be posted here. Your continued use of the Program or participation in the Program after any modification confirms your acceptance of the modifications. Additionally, O&H may at any time, for any reason, and without notice or liability: (1) suspend or terminate operation of or access to this Program or any portion thereof; (2) change, revise, or modify this Program or any portion thereof; (3) interrupt the operation of this Program or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the Program; and/or (5) terminate the authorization, rights, and license granted herein. Upon termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the Program.
You may participate in this Program if you: (1) are a legal resident of the United States or Canada; (2) at least 18 years of age at the time you enroll; and (3) have an active, valid phone number. Corporations, partnerships, limited liability companies, or other legal entities may not enroll in this Program. Orders that receive additional discounts or special pricing (including but not limited to fundraisers, corporate orders, employee orders, on account orders, wedding orders, and any orders receiving a percent discount) are not eligible to earn rewards through this Program. You agree to use this Program and the Content in accordance with these Terms and all applicable laws and regulations. O&H may prohibit access, use, conduct, communications, or content that O&H, in our sole discretion, deems to be harmful to this Program, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and/or applicable law. In order to participate in this Program you must provide O&H with your phone number, and you may provide additional identifying information while using this Program. You are responsible for maintaining the confidentiality of the information you hold for your Account, including any passwords. You agree to notify O&H immediately of any unauthorized use of your Account, or any other breach of security. You may be held liable for losses incurred by O&H or any other Program user or visitor due to someone else using your Account as a result of your failing to keep your login information secure and confidential. This Program is available at participating O&H locations and participation by location may change without prior notice. Rewards received through this Program are promotional and have no cash value. There is no cost or membership fees to join this Program. O&H reserves the right to terminate your Account and/or your participation in the Program if we determine in our sole discretion that you have violated these Terms, if you have more than one (1) account, if the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. O&H may, in its sole discretion, suspend, cancel, or combine Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Program. O&H reserves the right to terminate an Account if the account has been inactive for Twelve (12) months.
O&H has the right at any time, with or without giving you prior notice, to:
The Program and content are provided on an “as is” and “as available” basis, and O&H hereby disclaims all representations and warranties of any kind, express, implied or statutory, including, without limitation, the implied warranties of title, non-infringement, accuracy, merchantability, or fitness for a particular purpose. Without limiting the foregoing, O&H does not guarantee that the program or content will be error-free, uninterrupted, or free of viruses or other harmful components, or that any defects will be corrected. We do not make any warranties or representations regarding the completeness, correctness, accuracy, adequacy, usefulness, timeliness, or reliability of the Program or any information, products, or services we provide, or any other warranty. The information, materials, products and services provided on or through the program may be out of date, and O&H makes no commitment and assumes no duty to update such information, materials, products, or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by applicable law.
In no event shall O&H be liable to you or to any third party for any damages (direct or indirect) whether in contract, tort, strict liability or otherwise arising out of or in connection with this Program (including its modification or termination), the content, the Program, or these terms, whether or not O&H may have been advised that any such damages might or could occur and notwithstanding the failure of essential purpose of any remedy. Because some jurisdictions do not permit the exclusion or limitation or certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such jurisdiction’s laws.
You consent to receive electronic communications from us through the provided phone number via text and through any electronic e-mail address provided to the Program. You agree that all agreements, notices, disclosures, and other communications that we provide to you through these electronic means satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by through these electronic means are deemed to be given and received on the date we transmit any such electronic communication.
This Program is governed by and subject to the laws of the State of Wisconsin, USA and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the courts located in Wisconsin for any disputes arising out of these Terms or the Program. Notwithstanding this provision, you agree that O&H may apply for injunctive or other equitable relief in any court of competent jurisdiction.
If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms will continue in full force and effect. O&H’s failure to act with respect to a breach by you or others does not waive O&H’s right to act with respect to that breach or subsequent or similar breaches.