Please read this Agreement carefully before accessing or using FLOAT Services. By accessing or using any part of the website or downloading any FLOAT App, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by FLOAT, acceptance is expressly limited to these terms. FLOAT Services are available only to individuals who are at least 13 years old.
- Risk of Use; No Medical Advice. You acknowledge and agree that FLOAT does not provide medical advice or medical treatment. You undertake to use and FLOAT Services under the appropriate advice of a Licensed Physician or Health Care Provider. FLOAT is not a licensed Health Care Provider.
- Payment and Renewal.
- General Terms. FLOAT provides services according to a published price list. By scheduling an appointment with us, you agree to pay the published or agreed-upon price for that service. Cancellation or refund is available only according to the published Cancellation and Refunds Policy.
- Automatic Renewal. If you purchase a Membership with a specified subscription term, unless you notify FLOAT before the end of the applicable subscription period that you want to cancel that Membership, your Membership subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Membership (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Membership benefits will continue for the full duration of the paid non-refunded term. Memberships can be canceled at any time by contacting firstname.lastname@example.org.
- Intellectual Property. This Agreement does not transfer from FLOAT to you any FLOAT or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FLOAT. FLOAT, the FLOAT logo, and all other trademarks, service marks, graphics and logos used in connection with FLOAT Services are trademarks or registered trademarks of FLOAT or FLOAT’s licensors. Other trademarks, service marks, graphics and logos used in connection with FLOAT Services may be the trademarks of other third parties. Your use of FLOAT Services grants you no right or license to reproduce or otherwise use any FLOAT or third-party trademarks.
- Changes. FLOAT reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the FLOAT Services following the posting of any changes to this Agreement constitutes acceptance of those changes. FLOAT may also, in the future, add new services and/or features to FLOAT Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. FLOAT may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FLOAT account (if you have one), you may simply discontinue using FLOAT Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. FLOAT Services are provided “as is”. FLOAT and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FLOAT nor its suppliers and licensors, makes any warranty that FLOAT Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will FLOAT, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FLOAT under this agreement during the twelve (12) month period prior to the cause of action. FLOAT shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless FLOAT, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of FLOAT Services, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between FLOAT and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized member of FLOAT LLC, or by the posting by FLOAT of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Massachusetts, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Middlesex County, Massachusetts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FLOAT may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These terms are derived from the terms of Automattic Inc, available under a Creative Commons Sharealike license at http://en.wordpress.com/tos/ This modified version is therefore also published under a Creative Commons Sharealike license.