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
4. REPRESENTATIONS AND WARRANTIES BY REQUESTORS
5. REPRESENTATIONS AND WARRANTIES BY DRIVERS
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.
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.
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.