IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THE FLOAT HELM SERVICE.
The materials and Service provided for and depicted on the Service Interface are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the Float Helm Website and Service Interface is provided to Visitor by Float Helm for the sole purpose of using the Service. Visitor shall not copy, display, modify, create derivative works of, publish, or sell the Float Helm Service Content or any information, software, or Services provided by Float Helm hereunder. The content displayed on FLOATHELM.com and on Service Interface powered by Float Helm may be modified from time to time at Float Helm's discretion. Except as expressly set forth herein, no license is granted to Visitor for any other purpose, and any other use of the Services or the Float Helm Content by Visitor shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Float Helm or its licensors in the Service or Float Helm Service Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of Float Helm or any third party is granted under this Agreement.
Visitor may submit reviews, comments, suggestions, ideas, questions, or other information for publication and distribution to service providers and other third parties, so long as the content is not illegal, defamatory, abusive, obscene, threatening, harassing, fraudulent, offensive, hateful or profane or otherwise injurious to third parties or objectionable and does not contain spam, malicious software code, such as trojans or viruses, commercial solicitation, political campaigning, chain letters, or references to illegal activity, malpractice, purposeful overcharging, or false advertising. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Float Helm reserves the right to remove or edit such content, but may not regularly review submitted content. If Visitor submits reviews and/or other content and unless we indicate otherwise, you grant Float Helm a perpetual, royalty-free, irrevocable, fully transferable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause an injury to any person or entity; and that you will indemnify Float Helm for all claims resulting from content you supply. Float Helm has the right but no obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by Float Helm in its sole discretion. Float Helm takes no responsibility and assumes no liability for any content submitted by Visitor or any third party.
Information displayed in Float Helm Service is updated in aggregate and is proprietary or licensed to Float Helm by its Subscribers or third parties. By using Float Helm Service in any form, Visitor agrees not to employ, or enable any third party to employ, any device or software code that:
IN NO EVENT SHALL FLOAT HELM BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED INCONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF FLOAT HELM SERVICES, the FLOAT HELM SERVICE WEBSITE OR FLOAT HELM HOST WEBSITES OR THE FLOAT HELM SERVICE CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE FLOAT HELM SERVIC WEBSITE AND SERVICE INTERFACE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY SUBSCRIBER OR SERVICE PROVIDER IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL VISITORS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING VISITORS TO THE FLOAT HELM WEBSITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO VISITOR FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE FLOAT HELM SERVICE WEBSITE, FLOAT HELM SERVICE INTERFACE OR THE FLOAT HELM SERVICE CONTENT. FLOAT HELM SERVICE IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED SERVICE PROVIDER IN WHICH A VISITOR HAS MADE A RESERVATION. ASIDE FROM THE SERVICES PROVIDED ON THE FLOAT HELM SERVICE WEBSITE, FLOAT HELM IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A VISITOR'S VISIT TO AN AFFILIATED SERVICE PROVIDER.
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE FLOAT HELM SERVICE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE FLOAT HELM SERVICE CONTENT, ARE PROVIDED TO VISITOR ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. FLOAT HELM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, THE FLOAT HELM SERVICE WEBSITE, THE FLOAT HELM SERVICE CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
The Float Helm Service Host Sites may contain hypertext links to websites operated by parties other than Float Helm. Such hypertext links are provided for Visitor's reference only and Float Helm does not control such Websites and is not responsible for their content. Float Helm Service Host Website's inclusion of any hypertext links to such Websites does not imply any endorsement of the material by Float Helm on such Websites or any association with their operators.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Visitor, but may be so transferred, assigned or delegated by Float Helm.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
This Agreement is made under and shall be governed by and construed in accordance with the laws of State of Oregon, U.S.A., without regard to any choice of law provisions. The parties hereby consent to the jurisdiction of the state and federal courts located in Multnomah County.
Float Helm requires that all subscribers, customers and other users of Float Helm Service (the "Service") conduct themselves with respect for themselves, Float Helm, Float Helm Subscribers and others. In particular, please observe the following rules in your use of the Service:
Violation of this Acceptable Use Policy (this "AUP") may lead to suspension or termination of the Visitor's account or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. Float Helm reserves the right to take any other remedial action it sees fit. This Agreement does not require that We take any action against You, other Visitors or Subscribers for violating the AUP, but We are free to take any such action as we see fit to remedy a AUP breach.
Provider requests that anyone with information about a violation of this AUP report it via an e-mail to the following address: email@example.com. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (internet protocol) address if available, as well as details of the violation.
Float Helm may change this AUP at any time by posting a new version on this page and sending the user written notice thereof. The new version will become effective on the date of such notice.
Effective as of May 19, 2013
Float Helm is an online business management software service to help You get work done more efficiently ("Service"). To view the Float Helm Visitor Terms and Conditions, see above.
A Float Helm "Subscriber" is the business or entity that purchased a subscription for the Float Helm Service and entered into the Software Service Agreement. A "Visitor" is the businesses or individuals considering, scheduling and purchasing products and services from the Subscriber. Subscribers, Visitors and other Website users are collectively referred to as "User," "Users," or "You."
Throughout the Website, we give Subscribers the option of providing us with contact information or account registration information, including name, phone, and e-mail address, as a requirement. If you choose to purchase a service from us, we will collect information from you such as credit card number and billing name and address. Providing this information is voluntary which we use internally and with Float Helm partners. All information collected while within the Float Helm Services shall be referred to as "Collected Information."
Collected information also includes information We may gather as you navigate the Float Helm Website. This is done through the use of commonly-used information-gathering tools such as cookies, web beacons and aggregate User data for diagnostic purposes ("Website Navigational Information"). Website Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol ("IP") address, and the actions you take on the Float Helm Website and in your use of the Service (such as the Web pages viewed and the links clicked).
We use Collected Information to perform the services requested, for marketing purposes, and to customize your experience with the Float Helm Service.
We use other third parties such as credit card processing companies to bill you for services and process credit card transaction you make with your customers through the Float Helm Service. When you sign up for our services, we will share your Collected Information only as necessary for the third party to provide that service.
Collected Information is also used to operate and improve Float Helm's Website and the Float Helm Service. We may also use Website Navigational Information alone or in combination with Collected Information to provide personalized information about Float Helm.
Float Helm may share Collected Information with Our Service Providers so that these Service Providers can contact Users who have provided contact information on our behalf. Float Helm may also share Collected Information with Our Service Providers to provide Service and ensure the quality of information provided through diagnostics. Float Helm does not share, sell, rent, or trade any information provided by You or Your Visitors with third parties for their promotional purposes.
Float Helm uses third-party Service Providers to manage credit card processing. These Service Providers are not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on Float Helm's behalf.
Float Helm employs, or our third party Service Providers employ, various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on our Collected Information by informing us what content is effective.
We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies enable us to track and target the interest of our Users to enhance the experience on our site. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.
Functional cookies, persistent and session type, store information to enable the core site function of Client ID remembrance to know if You are logged in into the Website.
Analytics cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site and our marketing campaigns.
If you reject cookies You will not be able to login to the Website.
Float Helm, or our third party Service Provider, uses Web beacons alone or in conjunction with cookies to compile information about Users' usage of Float Helm Service and interaction with emails from Float Helm. For example, We may place Web beacons in marketing emails that notify us when you view that email. We use Web beacons to operate and improve Float Helm Service and email communications.
Float Helm may use information from Web beacons in combination with Collected Information to provide you with information about Float Helm Service and its products and services.
We and our third party tracking-utility Service Partners use log files on Float Helm Service to gather certain information automatically and store it for analytical purposes. This information includes internet protocol ("IP") addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to track and aggregate non-personal information to analyze trends, administer the site, track Users' movements around the Float Helm Services, and to gather demographic information about our User base in the aggregate.
Float Helm collects information from Customers under the direction of its Subscribers, and has no direct relationship with the individual Customers whose personal data it processes. Customers should contact the Subscriber directly about any the Customers' Collected Information. If a Customer seeks access, or seeks to correct, amend, or delete inaccurate Collected Information the Customer should direct her query to the Subscriber. If the Subscriber requests that Float Helm to remove the Collected Information, we will respond to their request within 30 business day. If you are a Customer of one of our Subscribers and would no longer like to be contacted by one of our Subscribers that use our Service, please contact the Subscriber that you interact with directly.
We may provide bulletin boards, blogs, or chat rooms on the Float Helm Website. Any personal information ("Posts") Users choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send Users unsolicited messages. Float Helm is not responsible for the Posts you choose to submit in these forums. To request removal of your Posts from our blog or community forum, contact us at [firstname.lastname@example.org].
Float Helm posts a list of Subscribers and testimonials on Our Website that contain information such as Subscribers' names and titles. Float Helm obtains the consent of each Subscriber prior to posting any information on such a list or posting testimonials.
We reserve the right to disclose Collected Information to the appropriate third parties under the following circumstances:
Subscribers may update or change their registration information by updating their profile settings. Requests to access, change, or delete your Collected Information will be handled within 30 days.
We will retain your Collected Information for as long as your account is active or as needed to provide you Services. If you wish to cancel your account or request that we no longer use your Collected Information to provide you Services please do so through the Website. We will retain and use your Collected Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Visitors may update or change their registration information by updating their profile settings or as directed by the Subscriber. Visitors should contact Subscribers directly to make any requests to access, change, or delete your Collected Information.
We will retain your Collected Information for as long as your account is active or as needed to provide you Services. If you wish to cancel your account or request that we no longer use your Collected Information to provide you Services please contact the Subscriber directly. We will retain and use your Collected Information as necessary to comply with Subscribers' requests, our legal obligations, to resolve disputes, and to enforce our agreements.
Float Helm utilizes appropriate administrative, technical, and physical safeguards to protect Collected Information. When Users login to the Float Helm Service using the latest version of Internet Explorer, Firefox, or Safari, Secure Socket Layer (SSL) technology protects Collected Information using both server authentication and data encryption. These technologies help provide safety and security for Collected Information and help to restrict its availability to the User to whom the information belongs and those to whom the User has granted access. Float Helm hosts its Websites in a secure server environment that uses reasonable technology designed to prevent interference or access from outside intruders. Users are responsible for maintaining the security and confidentiality of their Float Helm Service usernames and passwords.