Date Effective: May, 2023
General
This website (the "Site") is owned
and operated by FLO LIVING, LLC (“COMPANY”"we" or "us"). By using the Site, you agree to be
bound by these Terms of Service and to use the Site in accordance with these Terms ofService,
our Privacy Policy, our Shipping Policy, our Return Policy and any additional terms and
conditions that may apply to specific sections of the Site or to products and services available
through the Site or from COMPANY.
Accessing the Site, in any manner, whether automated or
otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the
Site, from time to time, in which case we will post the revised Terms of Service on this
website. By continuing to use the Site after we post any such changes, you accept the Terms of
Service, as modified.
Intellectual Property Rights
Our LimitedLicense to You.
This Site
and all the materials available on the Site are the property of us and/or our affiliates or
licensors, and are protected by copyright, trademark, and other intellectual property laws. The
Site is provided solely for your personal noncommercial use. You may not use the Site or the
materials available on the Site in a manner that constitutes an infringement of our rights or
that has not been authorized by us. More specifically, unless explicitly authorized in these
Terms of Service or by the owner of the materials, you may not modify, copy, reproduce,
republish, upload, post, transmit, translate, sell, create derivative works, exploit, or
distribute in any manner or medium (including by email or other electronic means) any material
from the Site. You may, however, from time to time, download and/or print one copy of individual
pages of the Site for your personal, non-commercial use, provided that you keep intact all
copyright and other proprietary notices.
Your License to Us.
By posting or
submitting any material (including, without limitation, comments, blog entries, Facebook
postings, photos and videos) to usvia the Site, internet groups, social media venues, or to any
of our staff via email, text or otherwise, you are representing: (i) that you are the owner
ofthe material, or are making your posting or submission with the express consent of the owner
of the material; and (ii) that you are thirteen years of age orolder. In addition, when you
submit, email, text or deliver or post any material, you are granting us, and anyone authorized
by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to
use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or
publicly perform or display such material, in whole or in part, in any manner or medium, now
known or hereafter developed, for any purpose. The foregoing grant shall include the right to
exploit any proprietary rights in such posting or submission, including, but not limited to,
rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us,
the right to identify you as the author of any of your postings or submissions by name, email
address or screen name, as we deem appropriate.
You acknowledge andagree that any
contributions originally created by you for us shall be deemed a “work made for hire”when
the work performed is within the scope of the definition of a work madefor hire in Section 101
of the United States Copyright Law, as amended. As such, the copyrights in those works
shalleong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive
owner thereof andshall have the right to exploit any or all of the results and proceeds in
anyand all media, now known or hereafter devised, throughout the universe, inperpetuity, in all
languages, as COMPANY determines. In the event that any of the results andproceeds of your
submissions hereunder are not deemed a “work made for hire”under Section 101 of the Copyright
Act, as amended, you hereby, withoutadditional compensation, irrevocably assign, convey and
transfer to COMPANY allproprietary rights, including without limitation, all copyrights and
trademarksthroughout the universe, in perpetuity in every medium, whether now known orhereafter
devised, to such material and any and all right, title and interestin and to all such
proprietary rights in every medium, whether now known orhereafter devised, throughout the
universe, in perpetuity. Any posted materialwhich are reproductions of prior works by you shall
be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use
and display any postings or contributions of any kind and that COMPANY may elect to cease the
use anddisplay of any such materials (or any portion thereof), at any time for any reason
whatsoever.
Limitations on Linking and Framing.
You may establish a hypertext link to the Site so long as the link does not state or imply
any sponsorship of your site by us or by the Site. However, you may not, without our prior
written permission, frame or inline link any of the content of the Site, or incorporate into
another website or other service any of our material, content or intellectual property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet
sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or
sponsorship of such sites, or the information, products or services offered on or through the sites. In
addition, neither we nor affiliates operate or control in any respect any information, products or services
that third parties may provide on or through the Site or on websites linked to by us on the Site.If
applicable, any opinions, advice, statements, services, offers, or other information or content expressed or
made available by third parties, including information providers, are those of the respective authors or
distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is
responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites
by anyone other than an authorized COMPANY representative while acting in his/her official
capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND
ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE,INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT
MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON
THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS,ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You
agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors,
transferees, assignees and licensees and their respective parent and subsidiary companies, agents,
associates, officers, directors, shareholders and employees of each from and against any and all claims,
causes of action,d amages, liabilities, costs and expenses, including legal fees and expenses, arising out
of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Online Commerce
Certain sections of the Site mayallow you to purchase many different
types of products and services online thatare provided by third parties. We are not responsible for the
quality,accuracy, timeliness, reliability or any other aspect of these products andservices. If you make a
purchase from a merchant on the Site or on a sitelinked to by the Site, the information obtained during your
visit to thatmerchant's online store or site, and the information that you give as part ofthe transaction,
such as your credit card number and contact information, maybe collected by both the merchant and us. A
merchant may have privacy and datacollection practices that are different from ours. We have no
responsibility orliability for these independent policies. In addition, when you purchaseproducts or
services on or through the Site, you may be subject to additionalterms and conditions that specifically
apply to your purchase or use of suchproducts or services. For more information regarding a merchant, its
onlinestore, its privacy policies, and/or any additional terms and conditions thatmay apply, visit that
merchant's website and click on its information links orcontact the merchant directly. You release us and
our affiliates from anydamages that you incur, and agree not to assert any claims against us or them,arising
from your purchase or use of any products or services made available bythird parties through the
Site.
Your participation, correspondenceor business dealings with any third party found on or through
our Site,regarding payment and delivery of specific goods and services, and any otherterms, conditions,
representations or warranties associated with such dealings,are solely between you and such third party. You
agree that COMPANY shall notbe responsible or liable for any loss, damage, or other matters of any
sortincurred as the result of such dealings.
You agree to be financiallyresponsible for all purchases
made by you or someone acting on your behalfthrough the Site. You agree to use the Site and to purchase
services orproducts through the Site for legitimate, non-commercial purposes only. Youalso agree not to make
any purchases for speculative, false or fraudulentpurposes or for the purpose of anticipating demand for a
particular product orservice. You agree to only purchase goods or services for yourself or foranother person
for whom you are legally permitted to do so. When making apurchase for a third party that requires you to
submit the third party'spersonal information to us or a merchant, you represent that you have obtainedthe
express consent of such third party to provide such third party's personalinformation.
Interactive Features
This Site may include a variety offeatures, such as bulletin boards,
web logs, chat rooms, and email services,which allow feedback to us and real-time interaction between users,
and otherfeatures which allow users to communicate with others. Responsibility for whatis posted on bulletin
boards, web logs, chat rooms, and other public posting areason the Site, or sent via any email services on
the Site, lies with each user -you alone are responsible for the material you post or send. We do not
controlthe messages, information or files that you or others may provide through theSite. It is a condition
of your use of the Site that you do not:
• Restrict or inhibit any other user from using and enjoying
the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to
provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the
networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal
activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or
any account, computer system, or network connected to this Site, by means such as hacking, password mining
or other illicit means.
• Obtain or attempt to obtain any materials or information through any
means not intentionally made available through this Site.
• Use the Site to post or transmit any
unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability or otherwise violate any local,
state, national or international law.
• Use the Site to post or transmit any information, software
or other material that violates or infringes upon the rights of others, including material
that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other
proprietary right, or derivative works with respect thereto, without first obtaining
permission from the owner or rights holder.
• Use the Site to post or transmit any information, software
or other material that contains a virus or other harmful component.
• Use the Site to post,
transmit or in any way exploit any information, software or other material for commercial purposes, or that
contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or
services, or to make donations of any kind, without our express written approval.
•
Gather for marketing purposes any email addresses or other personal information that has been posted
by other users of the Site.
COMPANY may host messageboards, chats and other private/public forums on
its Sites and on otherplatforms. Any user failing to comply with the terms and conditions of thisAgreement
may be expelled from and refused continued access to, the messageboards, groups, chats or other such forums
in the future. COMPANY or itsdesignated agents may remove or alter any user-created content at any time
forany reason. Message boards, chats and other public forums are intended to serveas discussion centers for
users and subscribers. Information and content postedwithin these public forums may be provided by COMPANY
staff, COMPANY's outsidecontributors, or by users not connected with COMPANY, some of whom may
employanonymous user names. COMPANY expressly disclaims all responsibility andendorsement and makes no
representation as to the validity of any opinion,advice, information or statement made or displayed in these
forums by thirdparties, nor are we responsible for any errors or omissions in such postings,or for
hyperlinks embedded in any messages. Under no circumstances will we, ouraffiliates, suppliers or agents be
liable for any loss or damage caused by yourreliance on information obtained through these forums. The
opinions expressedin these forums are solely the opinions of the participants, and do not reflectthe
opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has noobligation whatsoever to
monitor any of the content or postings on the messageboards, chat rooms or other public forums on the Sites.
However, youacknowledge and agree that we have the absolute right to monitor the same atour sole discretion.
In addition, we reserve the right to alter, edit, refuseto post or remove any postings or content, in whole
or in part, for any reasonand to disclose such materials and the circumstances surrounding theirtransmission
to any third party in order to satisfy any applicable law,regulation, legal process or governmental request
and to protect ourselves, ourclients, sponsors, users and visitors.
Registration
To access certain features of theSite, we may ask you to provide
certain demographic information including your gender, year of birth, zip code and country. In addition, if
you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards,
you may also be asked to register with us on the form provided and such registration may require you to
provide personally identifiable information such as your name and email address. You agree to provide true,
accurate, current and complete information about yourself as prompted by theSite's registration form. If we
have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of theSite (or any
portion thereof). Our use of any personally identifiable information you provide to us as part of the
registration process is governed by the terms of our Privacy Policy.
Subscriptions
MyFLO offers a subscription plan for the Cycle Syncing® membership for
$28/mo or $280/year
- Upon purchase, your account will automatically be charged
- Cancel your
subscription by navigating to your account and tapping “Manage Subscription”
- Your subscription will be
active until the billing cycle ends
Passwords
To use certain features of theSite, you will need a username and
password, which you will receive through theSite's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are responsible for all activities(whether by you or by
others) that occur under your password or account. You agree to notify us immediately of any unauthorized
use of your password or account or any other breach of security, and to ensure that you exit from your
account at the end of each session. We cannot and will not be liable for any loss or damage arising from
your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOTLIMITED TO, NEGLIGENCE, SHALL
WE, OUR SUBSIDIARY AND PARENT COMPANIES ORAFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
ORCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESITE, INCLUDING OUR
MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS,PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS,
PRODUCTS, OR SERVICES MADEAVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISEDBEFOREHAND
OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOTALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVELIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND
THELIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TOTHE FULLEST EXTENT PERMITTED
BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGEAND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGALCONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS,PRODUCTS, OR
SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS ANDCONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE ANDTHE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE ISCONTINUALLY UNDER
DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND,IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS
OR APPROPRIATENESS FOR ANYPURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS
ON THE SITE:
THIS SITEOFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND
IS DESIGNEDFOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS ASUBSTITUTE FOR, NOR
DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, ORTREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS
ABOUT YOUR HEALTH, YOU SHOULDALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO
NOTDISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOURHEALTH-CARE PROFESSIONAL
BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE.THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS
SOLELY AT YOUR OWN RISK.
NOTHINGSTATED OR POSTED ON THIS SITE OR AVAILABLE
THROUGH ANY SERVICES ARE INTENDED TOBE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING
CARE.FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELINGINCLUDES, WITHOUT LIMITATION,
PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, ORPROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS
OR ADVICE.
Any claims made on the Site with respect to dietary supplements, including thosemade with
respect to such supplements which are available for sale on the Site,have not been evaluated by the Food and
Drug Administration, and is notnecessarily based on scientific evidence from any source. Dietary
supplements are not intended totreat, diagnose, cure or prevent medical conditions or disease. You
should consult with a healthcare providerbefore beginning any dietary supplement program.
Termination
We may cancel or terminate your right to use the Site or any part of
the Site at any time without notice. In the event of cancellation or termination, you are no longer
authorized to access the part of the Site affected by such cancellation or termination. The restrictions
imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of
liabilities set forth in these Terms ofService, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event may or may
not provide for any refund. Each specific product, service, event or course will specify its own
refund policy.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the"DMCA") provides
recourse for copyright owners who believe that material appearing on the Internet infringes their rights
under the U.S.copyright law. If you believe in good faith that materials hosted by COMPANY infringe your
copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access
to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that
fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be
deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or
acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly
filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices
must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyrightfor
details. COMPANY's Copyright Agent for notice shall be support@floliving.com
Assignment
This Agreement shall be binding upon and inure to the benefit of
COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor
any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the
foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any
affiliated entity or any of its wholly owned subsidiaries.
Dispute Resolution
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of New York and any dispute shall be subject to binding arbitration in New York,
New York. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may
not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class
arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations
aren't allowed.The arbitrator may not consolidate more than one person’s claims, and may not otherwise
preside over any form of a class or representative proceeding or claims (such as a class action,
consolidated action or private attorney general action) unless all relevant parties specifically agree to do
so following initiation of the arbitration.
Severability
If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from theseTerms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the Dispute Resolution provision will be unenforceable and the dispute will be decided by a court.