TERMS OF USE AGREEMENT

PLEASE READ THIS TERMS OF USE AGREEMENT (THIS “AGREEMENT”) CAREFULLY.

BY CREATING AN ACCOUNT TO ACCESS ANY WEBSITE, MOBILE APP, WEB-BASED APPLICATION, KIOSK OR MOBILE DEVICE PROVIDED BY OTG EXPERIENCE, LLC THAT LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “PROGRAMS”), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE OTG PRIVACY NOTICE, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF THIS AGREEMENT IS NOT ACCEPTABLE TO YOU AND YOU ARE UNWILLING TO BE BOUND BY IT, YOU MAY NOT USE THE PROGRAMS.

OTG Experience, LLC, a Delaware limited liability company (together with its affiliates, “OTG”), is the owner and operator of the Programs and, along with various other third parties, an advertiser, promoter, and/or proprietor of various products and services available for use or purchase by use of the Programs (collectively, the “Services”).

The Programs are directed toward and designed for use by persons aged thirteen (13) years or older. IF YOU ARE UNDER THE AGE OF THIRTEEN (13), YOU CANNOT USE THE PROGRAMS.

We are constantly changing and improving our Programs. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, at any time, without any notice or liability. You can stop using our Programs at any time, although we will be sorry to see you go. We may also stop providing Programs to you, or add or create new limits to our Programs, at any time.

Using our Programs does not give you ownership of any intellectual property rights in our Programs or the content you access through them (“Content”). You may not use Content, except as permitted in this Agreement, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Programs, including the OTG name and logo. You may not remove, obscure, or alter any legal notices displayed in or along with our Programs.

Our Programs display some Content that is not our own. For example, Content includes information belonging to our advertisers, other third parties, or other users (collectively, “Third Party Content”) and User Information. We are not responsible for, and you waive all of our liability with respect to, Third Party Content or User Information. Content is the sole responsibility of the individual or entity that makes it available to you via the Programs.

You may need an account in order to use the Programs. You agree that all registration information you give us will be accurate and current. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Programs password, or on which you enable a “Remember Me” or similar functionality (“Activated Device”). Accordingly, you agree that you will be solely responsible for all activities that occur under your Programs accounts, including the activities of any individual with whom you share your Programs account or an Activated Device.

To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at privacy@otgexp.com.

You will be required to provide a valid electronic payment method from available options (a “Payment Card”) before placing an order for products or services available for purchase by use of the Programs. Your Payment Card will be charged for your purchase immediately after you click “Submit” or otherwise authorize the purchase and allow us to process your order. In the event that an improper amount is charged to your Payment Card or if you have any other payment issues, you may contact us at the address below or by other means available to you. We will use commercially reasonable efforts to help you remediate any issues.

If any of the Programs allow you to access your airline’s frequent flyer miles or points account or any other loyalty or rewards program account (each, a “Rewards Account”) or use a Rewards Account to make purchases of products or services, and you choose to access or use a Rewards Account for such purpose, you consent to the use of your Rewards Account information in accordance with this Agreement and the privacy policy applicable to any such Rewards Account. If you choose to use your Rewards Account benefits to make purchases of products or services by using any of the Programs, the Rewards Account miles, points or benefits are deducted from your Rewards Account as soon as a purchase is made. The stated number of miles, points, or benefits charged or deducted from your account as payment for such purchases will also pay for all applicable sales taxes and other fees unless otherwise specified. In the event that the Rewards Account miles, points, or benefits have not been properly deducted from your account at the time of a purchase, such miles, points or benefits can be deducted by the airline or its affiliate or such other entity that provides or administers the Rewards Account, at any time thereafter. Purchases of products or services with the Rewards Account can only be made by the owner of the Rewards Account. The conversion of the Rewards Account miles, points, or benefits into a cash amount or the payment of cash to you in connection with the purchase of products or services with the Rewards Account is not possible, even in case of return of items purchased or the termination of Rewards Account membership. All Rewards Account rules apply to your use of the Programs to access Rewards Account benefits.

See our PRIVACY NOTICE for additional terms related to User Information, accounts (including Rewards Accounts) and payments, which is available at the following link https://flo.io/accounts/legal/privacy-notice and is incorporated in this Agreement by reference. We may change our Privacy Notice from time to time, as stated therein.

You may be required to download software (such as a mobile app) to use the Programs or certain features of the Programs, and the Programs may enable you to access software running on our devices or our (or our vendors’) servers (collectively, “Software”). Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating. There may be software programs contained within certain Software that have been licensed to us by third parties. The term “Software” as used herein shall include this third-party software except where the term “Software” is used solely in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in this Agreement apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under this Agreement.

Apple Specific Terms. Without limiting the generality of the foregoing, if you downloaded our mobile app from Apple’s App Store or are using apps on an Apple device provided by OTG, you and OTG acknowledge and agree to the following: This agreement is concluded between you and OTG only, and not with Apple Inc. (“Apple”). The mobile app(s) downloaded from Apple may only be used on Apple hardware products. OTG, not Apple, is solely responsible for the app(s) and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app(s). To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the app(s), and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be OTG’s sole responsibility. OTG, not Apple, is responsible for addressing any claims by you or any third party relating to the app(s) or your possession and/or use of the app(s), including, but not limited to: (i) product liability claims; (ii) any claim that the app(s) fail(s) to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the app(s) or your possession or use of the app(s) infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of the terms and conditions of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against you as a third-party beneficiary thereof.

This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16. You and OTG agree that this section is intended to satisfy the writing requirement of the FAA. The FAA will apply even though this agreement provides that it is governed by the law of New York. EXCEPT AS PROVIDED IN THIS ARBITRATION PROVISION, YOU HEREBY WAIVE THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT AND OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You hereby acknowledge that you have read and understood the implications of this provision.

NO CLASS ACTIONS. To the fullest extent permitted by applicable law, any controversy or claim will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or proceedings that involve any claim or controversy by you or any other person or party. You and OTG expressly intend and irrevocably and voluntarily agree that each will not assert a class action or representative action against the other in arbitration, in court or otherwise. You further agree that you do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any controversy or claim filed in either court or submitted to arbitration. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. This provision is material and essential to the arbitration of any controversy or claim and is non-severable from this agreement to arbitrate.