Terms & Conditions

FLOC - TERMS OF USE AND SERVICE

Welcome to Floc! A service provided by Floc, LLC (us, “Floc”) to help busy friends and families get where they need to go in a pinch. These terms of use and service apply to any individual with a Floc user account which they utilize to access the tools and resources available via the services described herein (you, “Member”). These terms of use and service form the sole agreement between you and Floc under which the Floc mobile app access, use and related services described herein are provided (the “Agreement”).

The “Floc mobile app”, is owned by Floc, LLC, a Massachusetts limited liability company.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY APPLY TO ALL ACCESS OF THE APP, AND/OR USE OF CONTENT/SERVICES.  By engagement with the Floc mobile app you agree to be bound by these Terms of Use and Service. You acknowledge that access, use of content, and/or services constitute reasonable and valuable consideration adequate to support of the obligations imposed by the Terms of Use and Service.

1. SERVICES: The services provided by Floc, including the Floc mobile app, provide technology for communication between Members to allow the Members to assist one another by having their children or other individuals under their responsibility and control transported by trusted individuals known to the Member (the “Services”). The Services are free and voluntary, but allow Members to activate the purchase of gift cards should they so choose to do so at their sole discretion.

You acknowledge Floc cannot guarantee uninterrupted availability of the Floc mobile app and that Floc accepts no responsibility for any damages resulting from the loss of access to the Floc mobile app or third-party content or services linked thereto.

2, DEFINITIONS: The following definitions are employed herein:

Requestor: A Member who utilizes the Services to request ride(s) for their children and/or other individuals under their responsibility and control.

Driver: A Member who utilizes the Services to provide ride(s) in response to request(s) by Requestors.

Member: Any individual with a Floc user account.

Passenger: A child or other individual under the responsibility and control of a Member who is transported by a Driver at the request of a Requestor.

Reward: Item provided to a Driver (at the sole option of the Requestor) for fulfilling a ride-request made by the Requestor.


3. REPRESENTATIONS AND WARRANTIES BY ALL MEMBERS

  • Member represents that they are at least eighteen (18) years of age.
  • Member expressly acknowledges that the Services provide technology for communication to connect the Member to other Members for the purpose of assisting one another by having their children or other individuals under their responsibility and control transported by trusted individuals known to the Member as arranged by Members with one another.
  • Member expressly acknowledges that the Services do not facilitate business transactions between Members.
  • Member expressly acknowledges that Floc does not provide any transportation or employ any drivers.
  • Member expressly acknowledges that Floc is not a ride sharing company.
  • Member expressly acknowledges that Floc does not provide insurance to cover drivers, passengers, third parties or the possessions of any of the preceding including the Driver’s automobile.
  • Member accepts all liability for any harm resulting to them, their children or other individuals under their responsibility and control, their passengers or others as a result of using the Services.

4. REPRESENTATIONS AND WARRANTIES BY REQUESTORS

  • Requestor acknowledges that Floc does not conduct background checks or otherwise qualify Drivers.
  • Requestor expressly acknowledges that the sole reward that can be offered to Drivers for transporting Requestors’ Passenger(s) is the Reward as provided via the Services, and that Requestor will not offer any other type of reward to Drivers, in addition to or, as an alternate to the Reward. Further, Requestor acknowledges that such rewards are voluntarily provided by Requestor at their sole discretion.
  • Requestor Represents that any Driver that Requestor authorizes to transport Requestor’s Passenger(s), is a Member that is known to you, and that the permission you are giving includes permission for the Driver to be alone and unsupervised while transporting the Passenger(s) per your request.
  • Requestor represents that to the best of Requestor’s knowledge and belief, based on a reasonable inquiry, that any Driver that Requestor authorizes to transport Passenger(s) has a valid driver’s license.
  • Requestor represents that to the best of Requestor’s knowledge and belief, based on a reasonable inquiry, that any Driver that Requestor authorizes to transport Passenger(s) has valid, in force, automobile insurance.
  • Requestor represents that to the best of Requestor’s knowledge and belief, based on a reasonable inquiry, that any automobile employed by a Driver that Requestor authorizes to transport Passenger(s) has a valid registration.
  • Requestor represents that to the best of Requestor’s knowledge and belief, based on a reasonable inquiry, that any Drivers authorized by Requestor to transport Passenger(s) present no known threat to children or minors.

5. REPRESENTATIONS AND WARRANTIES BY DRIVERS

  • Driver expressly acknowledges that the sole reward that can be offered to Driver for transporting Requestors’ Passenger(s) is the Reward as provided via the Services and that Driver will neither solicit nor accept any other type of reward, in addition to or, as an alternate for Driver providing the requested transportation.
  • Driver expressly acknowledges that any transportation that they provide for Requestors is provided without reimbursement unless the Requestor voluntarily offers the Reward. Driver further acknowledges that they will not solicit the Reward.
  • Driver represents that Driver is known to each Requestor for whom Driver transports Passenger(s).
  • Driver represents that Driver has a valid driver’s license.
  • Driver represents that Driver has a valid, in force, automobile insurance policy on any vehicle in which Driver transports Passenger(s).
  • Driver represents that Driver has a valid registration for any automobile in which Driver transports Passenger(s).
  • Driver represents that Driver either owns the automobile in which Driver transports Passenger(s) or is duly authorized by the present owner of the automobile to transport Passenger(s).
  • Driver represents that Driver has never been subject to a restraining order or otherwise barred (either permanently or temporarily) from being in contact with children or anyone else under the age of eighteen (18).
  • Driver represents that their vehicle includes working seat belts and that they will insist that passengers wear the seat belts while being transported.
  • Driver represents that they will provide a federally approved child passenger restraint that is properly fastened and secured according to the manufacturer’s instructions when transporting any child in accordance with all applicable laws.


6. RIDE REQUESTS AND REWARDS - Rewards are provided via a third-party as described herein. The accessibility of the Rewards via the Services is at the sole discretion of Floc. Therefore, Floc reserves the right to replace, modify or terminate the items offered as Rewards.

  • RIDES – A Requestor communicates a request for a ride to Members of their “Floc.” Drivers included in the Requestor’s Floc are notified of the request and can then accept responsibility for the ride via the Floc mobile app. When a Requestor identifies that a ride is complete the Driver is notified of the updated status and, ,if the Requestor has elected, offered the Reward.
  • REQUESTORS – ·      Activation of a user account for any Member who plans to use the Services as a Requestor requires that the Member provide an email address and a mobile phone number. A Requestor who voluntarily chooses to activate the Reward option, must also provide the Requestor’s credit card payment information to a third-party payment processor, BlueSnap® via the Floc mobile app. Requestor expressly agrees to pay for Rewards as described herein. Floc reserves the right to replace the third-party payment processor and provide notice of the change to you. Member agrees to promptly provide the credit card payment information to a new third-party payment processor on receipt of such notice from Floc..
  • GIFT CARDS – The item of Reward when provided to Drivers is a gift card valued at Ten Dollars ($10.00) for each ride that is completed. Gift cards are provided via a third party gift card partner GiftBit in the form of a gift code transmitted to the Driver via the Floc mobile app. Floc reserves the right to replace, modify or remove the brands of gift cards offered as Rewards, or replace the third-party gift card partner without notice to you. Floc also reserves the right to change the type and/or value of Rewards at their sole discretion and with notice to you.
  • PAYMENT PROCESSING – Should a Requestor voluntarily include the Reward in a specific ride-request, payment for theReward is automatically applied using Requestor’s credit card when a Driver accepts that request made by the Requestor via the Floc mobile app. Payment for the item of Reward for that ride-request is then processed using Requestor’s credit card when both: 1) the Requestor acknowledges that the ride is complete; and 2) theDriver acknowledges that the ride is complete and accepts the item of Reward that is offered following Requestors acknowledgment in 1).
  • DISPUTES –Member agrees to work directly with any other Member with whom they have a dispute in good faith to amicably resolve the dispute within ten (10) days of the date at which the Member becomes aware of such a dispute. For example, disputes arising regarding a Reward that is not received for a completed ride or a Reward that is charged for a ride that is not provided. Members agree to notify Floc within an additional ten (10) days should such a dispute remain unresolved. Floc will take reasonable efforts to resolve the dispute. You agree to comply with this policy and permit us to make a final decision to resolve the dispute.


7. TERMINATION OF USE - If we believe you are abusing Floc and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account and access to our Services and take technical and/or legal steps to prevent you from using our Services.


8. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

FLOC MAKES NO REPRESENTATIONS AS TO LIKELY OUTCOMES FROM USE OF THE FLOC MOBILE APP OR SERVICES, AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, OR NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF LAW.  FURTHER, FLOC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OR RELIABILITY OF THE CONTENT OR OTHER INFORMATION THAT MAY BE ACCESSED VIA THIRD PARTY CONTENT OR WEBSITES LINKED TOTHE FLOC MOBILE APP.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL FLOC BE LIABLE TO YOU, OR ANYONE ELSE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE FLOC MOBILE APP OR ANY SERVICES THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE FLOC MOBILE APP, OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR USE ANY CONTENT OR SERVICES RELATED TO THE FLOC MOBILE APP, OR $100.00, WHICHEVER AMOUNT IS LESS.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Third-Party Links and Resources: The Floc mobile app may contain links to third-party websites and/or resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites and/or resources. Accessibility of such websites and/or resources via the Floc mobile app does not imply any endorsement by or affiliation with Floc. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites and/or resources.

9. INDEMNIFICATION:  You hereby agree to indemnify, defend, and hold us, harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by FLOC and/or our third-party licensors, arising out of, in connection with or related to any: (i) breach or alleged breach by you of these Terms of Use and Service; (ii) use by you of the Floc mobile app, and/or Services, whether free or purchased; and (iii) third-party claims to the extent related to items (i) and (ii) above. You shall use your best efforts to cooperate with us in the defense of any third-party claim.

10. MODIFICATION: This Agreement supersedes any prior arrangement or agreements between us, are subject to change and can be modified or supplemented at any time with notice to you. Floc reserves the right, in our sole discretion, to change, modify, add or delete portions of the terms of use and service of this Agreement at any time without notice, and it is your responsibility to review the terms and conditions for any changes. Your use of the Floc mobile app following any change to the terms of use and service will constitute your assent to and acceptance of the revised terms of use and service.

11. SEVERABILITY: If any provision of this Agreement is invalid or unenforceable under applicable law, that provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect.  

12. GOVERNING LAW AND JURISDICTION: This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Massachusetts applicable to agreements to be performed entirely within Massachusetts and without regard to principles of conflict of law. You agree to submit to the exclusive personal jurisdiction and venue of the courts located in Massachusetts for any legal proceeding arising from any disputes under or related to this Agreement, regardless of the cause of action or the party bringing the cause of action.

13. PRIVACY POLICY: The Terms of Use and Service are supplemented by the Floc - Privacy Policy, with is incorporated herein by reference – see Privacy Policy.  PLEASE READ THE PRIVACY POLICY CAREFULLY AS IT CONSTITUTES AN IMPORTANT PORTION OF THESE TERMS OF USE AND SERVICE.  Note that this Website is not intended for access or use by children under eighteen (18) years of age or those individuals without the capacity to be legally bound by these Terms of Use and Service.