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Terms of service

 

  1. Introduction
    This Website Terms of Use Agreement ("Agreement") sets forth the legal terms that govern the user's ("User", "You", or "Your") use of www.floa.co/ ("Website") and any affiliated websites ("Affiliated Websites") that are operated by Floa, Co ("Floa," "Our," or "We"). Please save a copy of this Agreement for Your personal records. By accessing or using the Website, You are acknowledging that You have read, understood, and agreed, to be bound by this Agreement and Our Privacy Policy (incorporated into this Agreement by this reference) without limitation or qualification. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING DISPUTE RESOLUTION CLAUSES AND LIABILITY LIMITATIONS AND EXCLUSIONS.

  2. Modification
    At any time and from time to time, and without Your consent, We may unilaterally amend, modify, or change this Agreement, in Our sole discretion and without any notice or cause. By continuing to use the Website after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. Therefore, please carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.

  3. Eligibility
    Anyone who agrees to this Agreement and Our Privacy Policy and continues to abide by the terms therein is eligible to use the Website; provided, however, that certain programs on the Website that collect personally identifiable information might not be accessible to any person less than 16 years of age. If you access the Website or its services from outside the United States, then be aware that, under this Agreement, United States laws apply to Floa and its affiliates, agents, owners, employees, contractors, representatives, successors, and assigns (collectively, "Floa and its Related Parties"), to the Website, to any Affiliated Websites, and to all of its services, as opposed to any foreign or regional law that may relate to intellectual property rights, privacy rights, collection of data, or other rights.

  4. Registration
    In consideration of Your use of the Website, You agree to: (i) provide accurate, current, and complete information about You, as may be prompted by any registration form on the Website ("Registration Data"); (ii) maintain the security of Your Website password and identification; (iii) maintain and promptly update Your Registration Data and all other information that You provide to Us; and (iv) be fully and solely responsible for all use of Your Account (defined below) and for any action that takes place within Your Account.

  5. Memberships
    You may purchase an annual or monthly membership (“Membership") for the self-serve and/or  delivery and pickup of surfboard, standup paddleboard (SUP) and kayak (collectively, “the Equipment”) rental services provided by Floa ("Service"). To purchase a Membership, You must review and agree to the Rental Agreement, Liability Waiver, and Release (“Rental Agreement”) and create a User account ("Account"), on the Website.

    Memberships are for one (1) board per person. They may not be shared with anyone else. As a member, You may add additional boards to Your rental at the normal rental pricing unless Your membership states otherwise. All memberships are recurring and auto-renew, and You agree that Floa may charge Your debit or credit card at the renewal date unless You cancel Your membership ahead of time. Rentals are subject to availability at time of reservation. More information on what is included in the membership levels can be found in the membership description on the Service.

  6. Term
    The term of this Agreement begins when You first use the Website, and it ends 10 years after Your last visit to the Website; provided, however, that Your personal financial responsibility under Section 15 of this Agreement, titled Credit Card Matters, expires one year after the later of (i) Your last use of the Service, or (ii) the expiration of Your Membership. At any time and from time to time, and without Your consent, We may unilaterally terminate Your right to use the Website and expel You from the Website, in Our sole discretion and without any notice or cause. This Agreement remains in full force and effect after terminating Your right to use the Website or after expelling you from the Website.

  7. Proprietary Rights in Website Content; Limited License to Access and Use Website
    All content that is on the Website or that is available through the Website or any of the Affiliated Websites, including all designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files and their selection and arrangement (collectively, "Website Content"), is the exclusive proprietary property of Floa and its Related Parties, with all rights. Except as otherwise described in the Data License Agreement, which is fully incorporated herein by this reference and may be reviewed by clicking on Data License Agreement, no Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Our prior written consent, which may be withheld in Our sole discretion, except with respect to any of Your Provider Content (as defined in Section 8) that You post on the Website in accordance with the terms of this Agreement and Our Privacy Policy. For so long as You are eligible to use the Website and You act in accordance with the terms of this Agreement: (i) You are granted a limited license to access and use the Website solely for Your personal non-commercial use; and (ii) You are granted a limited license to access, use, download, or print a copy of any portion of the Website Content to which You have properly gained access solely for Your personal non-commercial use. Except for Your Provider Content, if any, You must not upload or republish any Website Content on any Internet, Intranet, or Extranet site and you must not incorporate any related information into any other database or compilation; and, any other use of the Website Content is strictly prohibited. Such limited license is subject to all terms of this Agreement. We may take any legal action in connection with any violation of this Agreement. Any use of the Website or of the Website Content, other than as may be specifically authorized herein, without Our prior written consent (which may be withheld in Our sole discretion), is strictly prohibited and will automatically and immediately terminate all licenses granted by Floa herein. Such unauthorized use might also violate applicable laws, including copyright or trademark laws and communications statutes and regulations. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to any intellectual property right, whether by estoppel, implication, or otherwise. At any time and from time to time, and without Your consent, We may unilaterally revoke any license that we grant, in Our sole discretion and without any notice or cause.

  8. Social Media Customer Use Policy
    We engage our community through many digital outlets. Along with floa.co, we communicate with our customers through social media platforms, including Facebook, Twitter, and Instagram. These tools enable all of us to connect, share our interests and experiences, and engage in meaningful conversations. When engaging with Us over social media, it is important to note that you are agreeing to the following terms and conditions of this Social Media Policy, which we hope will satisfy each community member’s need for expression, while maintaining each community member’s right to feel comfortable, safe, and confident in their rights and obligations within our community.

 

    1. All comments or posts should be related to the content on Our social media post. Our social media accounts are not meant for comments that do not directly relate to the purpose or topic of the social media post.

    2. By using any Floa website or social media platform, you agree to be bound by the Terms of Use Agreement of www.floa.co, including this Social Media Policy. Content (information, photos, videos, etc.) you share with, or post to, Our pages are also subject to the Terms of Use Agreement of our host site, and may be used by Us for any purpose, in our sole discretion. For more information, consult our Terms of Use Agreement at www.floa.co.

    3. Be authentic. Include your real name and contact information when creating a social media account, or any other related social media account. Do not impersonate another person or access Our social media platform from another person’s account. Do not share any other person’s personal information, or any other business’ proprietary information, without their express consent.

    4. Be honest, professional, and use your best judgment in all situations. If you would not show the content to a child or grandparent, it may not be appropriate to post.

    5. Do not upload anything that you do not own, unless you have express permission from the content’s owner. Comments advocating illegal activity, or posting of material that violates copyrights or trademarks of others, are prohibited. If you feel that something of yours has been posted without your consent, please see the Terms of Use Agreement for more information on reporting potential copyright violations.

    6. Use of Our social media accounts for the promotion or advertisement of a business or commercial transaction is prohibited.

    7. The use of obscene, threatening or harassing language is prohibited. Personal attacks of any kind or offensive comments that target or disparage any ethnic, racial, age, or religious group, gender, sexual orientation or disability status are prohibited.

    8. If you share a Floa social media post (whether by sharing it on Facebook, Instagram, or re-tweeting it on Twitter), then you agree not to disparage Floa, portray Us in a false light, or modify the Floa post in any way.

    9. This Social Media Customer Use Policy is subject to amendment or modification at any time, in Our sole discretion. Please review it regularly.

This comment policy is subject to amendment or modification at any time.

User-Generated Content: As we continue to build our community, users are welcome and encouraged to submit and post content, including photographs and videos, to Our social media platforms where the content meets the standards articulated in this Social Media Policy. Users may only post their own, original content. Reproduced or borrowed content that reasonably appears to violate third party rights will be deleted. If you believe that a user has violated the terms of this Social Media Policy, then please contact Us. Although we try to maintain a safe environment on our social media platforms, we are not responsible for the posts of any user and disclaim any liability for such posts. TO THE FULLEST EXTENT PERMITTED BY LAW, FLOA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT POSTED ON OUR SOCIAL MEDIA PLATFORMS.

  1. Provider Content
    You are fully and solely responsible for all content that You upload, post, transmit, or share to the Website ("Provider Content"). "Website Content” as defined in Section 7 of this Agreement, also includes all "Provider Content." You may not upload, post, transmit, or share any Provider Content on the Website that You did not create or that You do not have permission to upload, post, transmit, or share. At any time and from time to time, and without Your consent, We may unilaterally review the Website and delete, remove, or restrict any access to or viewing of any Website Content, in Our sole discretion and without any notice or cause. You are fully and solely responsible, at Your full and sole cost and expense, for creating backup copies and replacing any Provider Content that You upload, post, transmit, or share to the Website or provide to Us in any other way. When You post Provider Content to the Website, You automatically authorize Floa and its Related Parties to make such copies thereof as We may deem, in Our sole discretion, necessary or appropriate. By posting Provider Content to the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Floa and its Related Parties an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, sublicense, reformat, translate, excerpt, distribute, modify, prepare derivative works of, or incorporate into other works any Provider Content for any purpose (commercial, advertising, or otherwise).

  2. Code of Conduct
    Floa and its Related Parties are not liable for Your conduct or the conduct of any third party. Nonetheless, in an attempt to make the Website a safer and healthier place, and in addition to the other terms of this Agreement, You agree to all of the following specific rules governing Your conduct on the Website:

 

    1. You must not upload, post, transmit, share, store, or otherwise make available any content that We may deem, at any time and from time to time in Our sole discretion, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, sexually, or otherwise objectionable.

    2. You must not upload, post, transmit, share, store, or otherwise make available: (1) any information or material that infringes on the rights of Floa and its Related Parties or any third party, including any intellectual property right; (2) any third party advertisement, including banner exchange services; (3) any software viruses, Trojan horses, worms, or other malicious software; or (4) any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong or that otherwise might violate any applicable law or this Agreement.

    3. You must not upload, post, transmit, share, store, or otherwise make available any content that infringes or violates the copyright, trademarks, or other rights of Floa and its Related Parties or any third party.

    4. You must not attempt to circumvent any content filtering techniques that We may employ.

    5. You must not use automated scripts to collect information from or otherwise interact with the Website or its servers.

    6. You must not register for more than one Account or register for an Account on behalf of any individual other than You.

    7. You must not upload, post, transmit, share, store, or otherwise make available any private information of any third party, including mailing addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers.

    8. You must not solicit personal information from anyone under 18 years of age (unless you are that person's parent or guardian), or solicit passwords or personally identifying information for commercial or unlawful purposes.

    9. You must not attempt to use another person's Account, service, or system.

    10. You must not impersonate any person or entity or make any false statement regarding Your employment, agency, or affiliation with any person or entity.

    11. You must not stalk, threaten, or harass anyone or infringe or attempt to infringe their privacy.

    12. You must not interfere with or disrupt the Website's servers or networks connected to the Website or any other server.

    13. You must not attempt to gain unauthorized access to other computer systems or networks.

    14. You must not upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or other form of solicitation.

    15. You must not upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, that would violate the rights of any party, or that would otherwise create any liability or violate any local, state, national, or international law, regulation, or ethical code.

    16. You must not take any action that could undermine, disrupt, or manipulate the integrity of any part or program of the Website.

    17. You must not operate or participate in any gaming or lottery.

    18. You must not use the Website for any illegal purpose, including drugs, pimping, prostitution, or terrorism.

    19. You must not disobey or breach this Agreement or any other applicable instruction or policy published by Floa and its Related Parties.

    20. You must not post, transmit, share, store, or otherwise make available content that, in Our sole judgment, is objectionable or restricts or inhibits any third party from using or enjoying the Website, or that may expose Floa and its Related Parties or anyone else to any harm or liability of any type.

The content on the Website or any Affiliated Website may be accessible to persons under 16 years of age. At any time and from time to time, and without Your consent, and in Our sole discretion and without any notice or cause, We may (i) remove, delete, or restrict access to information that is deemed inappropriate for any person under 16 years of age, (ii) refuse to post, transmit, or remove any content uploaded or posted by You, (iii) review Your personal profile and amend any typing or spelling error, (iv) restrict or terminate Your access to the Website and any Affiliated Website.

  1. Copyright Policy and Copyright Complaints
    We respect the intellectual property rights of others, and We prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When We receive proper Notification of Alleged Copyright Infringement, as described below, We may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If You believe that Your own copyrighted work is accessible on the Website or any service in violation of Your copyright, then You may provide our Designated Agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:

    1. Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed, so that We can locate the material. For example, "The copyrighted work is my content that appears at http://www.mycontent.com/content." If multiple copyrighted works at a single online site are covered by Your Notification, then You may provide a representative list of such works at that site.

    2. Identify the URL or other specific location on the Website or service that contains the material that You claim infringes Your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.myothercontent.com/myothercontent."

    3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

    4. Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

    5. Include a statement by You that the information contained in Your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf.

    6. Include Your name, mailing address, telephone number, and email address. You may submit Your Notification of Alleged Copyright Infringement by sending a letter to our Designated Agent by mail or e-mail, as set forth below:

Floa
601 Innovation Way
Daytona Beach, FL 32114
E-Mail: info@floa.co

Please note that You could be liable for damages, including court costs and attorney’s fees (whether incurred at trial, on appeal, or otherwise) if You materially misrepresent that any content on our Website or any service infringes any copyright. Filing a false form on this page constitutes perjury. On receiving a proper Notification of Alleged Copyright Infringement as described above, We may remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of Your claim. We also may advise the alleged infringer of the DMCA statutory Counter Notification procedure described below, by which the alleged infringer may respond to Your claim and request that We restore the material.

If You believe that Your copyrighted material has been removed from the Website or service as a result of any mistake or misidentification, then You may submit a written Counter Notification to our Designated Agent, pursuant to 17 U.S.C. Sec. 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, Your Counter Notification must include substantially the following information:

      1. Identification of the material that has been removed or disabled and the location at which the material had appeared before it was removed or disabled.

      2. A statement that You consent to the jurisdiction of the Federal District Court in which Your address is located, or if Your address is outside the United States, for any judicial district in which the service provider may be found.

      3. A statement that You will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.

      4. Your name, mailing address, and telephone number.

      5. A statement under penalty of perjury that You have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification.

      6. Your physical or electronic signature.

You may submit Your Counter Notification by sending a letter to Our Designated Agent by mail or e-mail as set forth above.

If You send Us a valid written Counter Notification meeting the requirements described above, then We may restore Your removed or disabled material no later than 14 business days from the date on which We received Your Counter Notification, unless our Designated Agent first receives a notice from the party filing the original Notification of Alleged Copyright Infringement that informs us that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question. Please note that if You materially misrepresent that the disabled or removed content was removed by mistake or misidentification, then You could be liable for damages, including costs and attorneys fees (whether incurred at trial, on appeal, or otherwise). Filing a false form on this page constitutes perjury.

  1. Repeat Infringer Policy
    At any time and from time to time, We may, in Our sole discretion and without notice or cause, limit access to the Website or terminate any limited license to access and use the Website of any User who infringes any intellectual property right of others, whether or not there is any repeat infringement.

  2. Trademarks
    All Website Content and all product names, trademarks, service marks, and logos provided by Us on the Website are wholly owned or validly licensed by Floa. All product names, trademarks, service marks, and logos owned by third parties remain the property of such third parties.

  3. Idea Submission
    If You submit any idea, suggestion, or testimonial (collectively, "Submission") to Floa and its Related Parties, then at any time and from time to time We have the right to use or modify Your Submission, without charge, in any manner that We may deem appropriate, in Our sole discretion and without Your consent or any notice or cause, including any posting on the Internet. You agree that You will not violate or infringe any rights of third parties, including privacy, publicity, intellectual, or proprietary rights (such as copyright or trademark rights). If You make any Submission, then You represent and warrant that (i) You own or otherwise control the rights to Your Submission, and (ii) the Submission does not constitute or contain any software virus, commercial solicitation, chain letter, mass mailing, or other form of "spam" or malicious software. You must not use any false e-mail address, impersonate any person or entity, or mislead Floa or any third party as to the origin of any Submission. You may, however, post under a screen name or post anonymously, but only for so long as the screen name abides by the terms of this Agreement. "Claims" means any and all liabilities, claims, losses, damages, expenses, costs (including attorneys' fees incurred at trial, on appeal, or otherwise), debts, fines, charges, or liens, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise. You agree to indemnify and hold harmless Floa and its Related Parties from any and all Claims that arise out of or relate to any Submission.

  4. Credit Card Matters
    You must input a valid credit card number and expiration date before You will be allowed to use the Service, and You do hereby represent and warrant that You are authorized to use the credit card. You do hereby authorize Floa to charge Your credit card for all expenses incurred on Your Account under the terms of the User Agreement, including all additional fees and repair charges. If you dispute any charge on Your Account, then you must contact Us within 10 days of Your receipt of Your statement containing the disputed charge. Annual Members have an on-going duty to update all changes relating to their credit card. A $101 hold will be placed on User’s credit card when a User initiates a membership, or when a User signs up for the service. If using the self-serve Service a User removes another Equipment from the System while the previous hold is still in effect, then an additional hold will not be placed on the User’s credit card. If the Equipment is returned within the 24-hour maximum period of allowed use, then the hold may be released within ten days, depending on the User’s bank's policies regarding holds. Floa uses Stripe, Inc. and Square, Inc. ("Processor") as Our transaction payment processor. The transmission of data to Processor and the approval of a credit card should take less than 10 seconds; however, a credit card might not allow for an overcharge/overdraft, which means that a User’s transaction request could be denied. All denials of a transaction by a User’s bank, all holds, and all other similar issues are the Members sole responsibility and should be dealt with between the Member and his or her bank. Floa takes reasonable steps to ensure that all data transmitted by Us is done safely and privately; however, despite those steps, We cannot guarantee the complete security of all credit card and other data transmitted by Us or Processor. Please review the DISCLAIMERS and LIMITED LIABILITY sections set forth below, which are applicable to each User's use of the Service, including the transmission of credit card and other data.

  5. Encryption Disclaimer
    The Website uses encryption technology to protect information from access by unauthorized third parties. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE ENCRYPTION TECHNOLOGY WILL OPERATE AS INTENDED OR THAT A THIRD PARTY WILL NOT BE ABLE TO ACCESS ANY INFORMATION. If You have any concern about sending any information over the Internet, then You should use an alternative means of transmission. By sending information over the Internet in connection with Your use of the Website, You agree to indemnify and hold harmless Floa and its Related Parties from all Claims (as defined in Section 14) that arise out of or relate to any failure of any encryption technology to protect Your information.

  6. Privacy Policy
    We have confidentiality policies in Our online Privacy Policy, which is fully incorporated herein by this reference. To review, click on Privacy Policy. By continuing to use the Website, You agree to be bound by Our Privacy Policy and all future amendments, modifications, and changes thereto. In the event of any conflict between this Agreement and the Privacy Policy, the terms of the Privacy Policy shall prevail.

  7. Third Party Websites
    The Website may contain, or You may be sent through the Website, links to other websites and ads ("Third Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Applications, Software, or Content"). Such Third Party Websites and Third Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Floa. We are not responsible for any Third Party Websites accessed through the Website or for any Third Party Applications, Software, or Content posted on, available through, or installed from the Website, including any content, opinions, privacy practices, or other policies contained in any Third Party Websites or Third Party Applications, Software, or Content. The inclusion of, linking to, or installation of any Third Party Websites or any Third Party Applications, Software, or Content does not imply any approval or endorsement thereof by Us. If You decide to leave the Website and access the Third Party Websites or to use or install any Third Party Applications, Software, or Content, then You do so at Your sole risk and cost. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites to which You navigate from the Website or include with any application You use or install from the Third Party Websites.

  8. DISCLAIMERS
    YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FLOA AND ITS RELATED PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY SERVICE, THE WEBSITE, ANY WEBSITE CONTENT, OR ANY INFORMATION CONTAINED ON THE WEBSITE (COLLECTIVELY, "WORKS"). THE WORKS ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU RELY ON THE WORKS SOLELY AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ANY WORKS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE COULD BE DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE WORKS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING OR USE OF THE WORKS. ALTHOUGH WE MAY TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO OR THROUGH THE WORKS, WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE WORKS OR MATERIALS THAT MAY BE DOWNLOADED FROM THE WORKS ARE FREE OF SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO ANY OF THE FOREGOING.

  9. LIMITED LIABILITY
    YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT FLOA AND ITS RELATED PARTIES ARE NOT LIABLE FOR ANY INJURY, LIABILITY, CLAIM, LOSS, DAMAGE, EXPENSE, COST (INCLUDING ATTORNEYS FEES INCURRED AT TRIAL, ON APPEAL, OR OTHERWISE), DEBT, FINE, CHARGE, OR LIEN, WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS, OR OTHERWISE, THAT ARISES OUT OF OR RELATES TO (A) THIS AGREEMENT, (B) YOUR USE OR INABILITY TO USE THE SERVICE, (C) YOUR USE OF ANY INFORMATION, (D) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (E) ANY ACTION OR INACTION OF ANY OTHER USER. YOU DO HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT TO THE FOREGOING, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY AND ALL CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) YOUR USE OR INABILITY TO USE THE SERVICE, (III) YOUR USE OF ANY INFORMATION, (IV) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (V) ANY ACTION OR INACTION OF ANY OTHER USER IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  10. Indemnification
    You agree to indemnify and hold harmless Floa and its Related Parties from all Claims (as defined in Section 15) that arise out of or relate to (i) this Agreement, (ii) Your use or inability to use the Services or Works, (iii) Your use of any information, (iv) any unauthorized access or alteration of Your transmission or data, (v) any action or inaction by any other User.

  11. Choice of Law; Dispute Resolution
    This Agreement is governed by, and must be construed and enforced in accordance with, the laws of Delaware, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of Delaware and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Delaware; and (iv) the parties must submit the dispute to mandatory mediation held in Delaware. Every mediation must be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

  12. Waiver
    No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.

  13. Cumulative Remedies.

All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude resort to another or to any other right or remedy provided by law.

  1. Final Agreement
    This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Your consent, We may unilaterally amend or modify this Agreement, in Our sole discretion and without any notice or cause.

  2. Representations
    Each party ("Promising Party") represents and warrants to the other party that: (i) the Promising Party has the legal power and authority to enter into this Agreement and to undertake and perform all of its duties and obligations hereunder; (ii) there is no contract or other legal obligation that prevents the Promising Party from entering into this Agreement or from undertaking or performing all of its duties and obligations hereunder; and (iv) this Agreement is the Promising Party's legally binding and fully enforceable agreement.

  3. Electronic Communications
    When You visit the Website or send emails to Floa, You are communicating with Floa electronically. As a result, You thereby consent to receive communications from Floa electronically. We will communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically or post on the Website satisfy any legal requirement that such communications be in writing.

  4. Notices
    You may contact Floa by writing or emailing Floa at the street address and email address listed below:

Floa, Co
601 Innovation Way
Daytona Beach, FL 32114
info@floa.co