Terms of Service
Last Updated: October 26, 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE WEBSITE FLOATRO.COM ("THE WEBSITE") AND ANY SERVICES OFFERED THEREIN ("THE SERVICE"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL POLICIES INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE SERVICE.
1.0 Acceptance of Terms
1.1 This agreement ("Agreement") constitutes a legally binding contract between you ("User" or "You") and Floatro ("Company," "We," "Us," or "Our"). 1.2 By accessing, browsing, or utilizing the Floatro website and its associated services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service. 1.3 Floatro reserves the right, at its sole discretion, to modify or revise these Terms of Service at any time. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.
2.0 Use of Service
2.1 Eligibility: The Service is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Floatro. 2.2 Account Registration: To access certain features of the Service, you may be required to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your account.
3.0 Acceptable Use Policy
3.1 You agree to utilize the Floatro Website and Service exclusively for lawful purposes and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of this Website by any third party. 3.2 Prohibited Activities: The following activities are expressly prohibited: a. Engaging in any conduct that violates any applicable federal, state, local, or international law or regulation. b. Transmitting, or procuring the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation. c. Impersonating or attempting to impersonate Floatro, a Floatro employee, another user, or any other person or entity. d. Uploading or transmitting any material that contains viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. e. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
4.0 Intellectual Property Rights
4.1 Company Content: All content, features, and functionality on the Floatro Website, including but not limited to text, graphics, logos, images, software, and the design, selection, and arrangement thereof, are owned by Floatro, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 4.2 User Content: To the extent that the Service allows you to post, upload, publish, submit, or transmit content ("User Content"), you retain any intellectual property rights that you hold in that User Content. By making any User Content available through the Service, you grant to Floatro a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Service. 4.3 You represent and warrant that your User Content does not infringe, misappropriate, or violate a third party's intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.0 Disclaimers
5.1 THE FLOATRO WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 5.2 FLOATRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. 5.3 FLOATRO DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6.0 Limitation of Liability
6.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOATRO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR SERVICE. 6.2 THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FLOATRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 6.3 NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FLOATRO'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO FLOATRO FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
7.0 Indemnification
7.1 You agree to defend, indemnify, and hold harmless Floatro, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
8.0 Termination
8.1 Floatro reserves the right to terminate or suspend your access to all or part of the Website and Service at its sole discretion, for any or no reason, including without limitation, any violation of these Terms of Service. 8.2 Upon termination, your right to use the Website and Service will immediately cease. 8.3 All provisions of these Terms of Service which by their nature should survive termination, including, without limitation, intellectual property, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.
9.0 Governing Law and Jurisdiction
9.1 All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of [State of Incorporation, e.g., Delaware] without giving effect to any choice or conflict of law provision or rule. 9.2 Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal or state courts located in [County/City, State, e.g., New Castle County, Delaware], although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country.
10.0 Entire Agreement
10.1 These Terms of Service constitute the sole and entire agreement between you and Floatro regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
11.0 Contact Information
11.1 All questions, comments, or concerns regarding these Terms of Service should be directed to Floatro via email at: [email protected].