Terms of Use - Float and Flourish Center

Terms of Use

In this Agreement the following terms have the following meanings unless the context requires otherwise:
“Agreement” means the agreement between Visitor and Float & Flourish Center, LLC incorporating these terms and conditions as amended from time to time in the manner set forth herein;
“We, Us, Our” means You and Float & Flourish Center, LLC; and
“Visitor, You, Your” means the person who registers for the Service/Membership, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Us.
Float & Flourish Center, LLC logos and designations of Float & Flourish Center, LLC are service marks and trademarks of Float & Flourish Center, LLC, LLC. Other product and company names mentioned on the Float & Flourish Center, LLC web site may be the service marks or trademarks of their respective owners.

Effective Date

This Terms of Use Agreement was last updated on December 3, 2014.
This Terms of Use Agreement sets forth the standards of use of the Float & Flourish Center, LLC. By using the www.floatandflourishcenter.com or mobile.floatandflourishcenter.com You agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at
www.floatandflourishcenter.com Web site. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Privacy Policy

By signing up for the Float & Flourish Center, LLC newsletter you understand and acknowledge you will occasionally be receiving emails from Float & Flourish Center, LLC. These emails could include Float & Flourish Center, LLC business updates, coupons, discounts, press releases and other information.
Visitors to our Web site may be able to purchase gift cards, complete surveys and apply for job opportunities. When you purchase or apply, we will request some personal information such as name, address, email, telephone number, and other relevant information. If you are purchasing, we will request financial information.
Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of activities, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.
We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary to fulfill your service requests, to protect ourselves from liability, to comply with the law, or in connection with a merger, acquisition, or liquidation of the company.

Intellectual Property

All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners.

Description of Service

Float & Flourish Center, LLC is providing Visitor with information about its products and services along with the ability to purchase gift cards, find Float & Flourish Center, LLC Centers, view Center information, request franchise information, complete customer satisfaction surveys, and apply for job openings. Visitor must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Visitor’s access to the Internet, and (3) pay any fees relate with such connection.

Privacy

The personal information (including sensitive personal information) You provide to Us will be stored on computers and/or servers. You consent to the use this information to create a profile of interests, preferences and browsing patterns and to allow You to participate in the Service.

Modifications and Interruption to Service

Float & Flourish Center, LLC reserves the right to modify or discontinue the service with or without notice to the Visitor. Float & Flourish Center, LLC shall not be liable to Visitor or any third party should Float & Flourish Center, LLC, LLC exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that Float & Flourish Center, LLC, LLC does not guarantee continuous, uninterrupted or secure access to our Web site and operation of our Web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Disclaimer of Warranties

The site is provided by Float & Flourish Center, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Float & Flourish Center, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Float & Flourish Center, LLC shall have no liability for any interruptions in the use of this Web site. Float & Flourish Center, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement to the full extent permissible under Florida and Federal law.

Limitation of Liability

FLOAT & FLOURISH CENTER, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FLOAT & FLOURISH CENTER, LLC, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, TO THE FULL EXTENT PERMISSIBLE UNDER FLORIDA AND FEDERAL LAW.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF THE SERVICE.

Indemnification

Visitor agrees to indemnify and hold Float & Flourish Center, LLC, its affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor’s computer, of any intellectual property or any other right of any person or entity.

Third-Party Sites

Our Web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies of third-parties’ sites.

Governing Jurisdiction

Our Web site is operated and provided in the State of Florida. As such, we are subject to the laws of Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the laws of the State of Florida.

Compliance with Laws

Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Website Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Float & Flourish Center, LLC and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Miscellaneous Terms

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Float & Flourish Center, LLC in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor. Visitor agrees that by accepting this Terms of Use Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement.