This Visitor Agreement ("Agreement") and the policies referred to under this Agreement contain the complete terms and conditions that apply to Your use of the Float Helm Service system (the "Service") created and provided by Float Helm, LLC, an Oregon limited liability company ("Float Helm", "we", "our", or "us"), via various portal websites, mobile devices, and other interfaces (collectively, the "Service Interface"). As used in this Agreement, "Subscriber" is the business or entity that purchased a subscription for the Service and entered into the Software Service Agreement with Float Helm. A "Visitor" or "you" is/are the businesses or individuals considering, scheduling, and purchasing products and services from the Subscriber. By accepting electronically, or by using the Service, you acknowledge and accept to be bound by the terms and conditions of this Agreement. Float Helm may modify this Agreement's terms and conditions at any time without notice. Continued use of the Service after a change in this Agreement constitutes acceptance of such change or policy.
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.
a. The Float Helm Service enable Visitors to locate the available appointment-based services of participating third-party businesses (the "Subscribers") by entering search criteria (i.e. type of service and time of service) into the Service Interface. Based upon these criteria, the Service locates available upcoming appointments offered by the Subscribers and lists those available services with descriptions, pricing, and other information.
b. The Service also enables Visitors to purchase products including gifts by giving a predetermined dollar amount to their chosen recipient, redeemable either at a specific Subscriber's location. The gift may take the form of a printed gift certificate, electronic code (via email or text message), or a plastic card that can be physically mailed to the Visitor's chosen recipient.
c. Visitors may create accounts with individual Subscribers to interact with such Subscribers through the Service ("Visitor Accounts"). Visitors Accounts allow Visitors to schedule and purchase products and services from their Subscriber through the Service. After scheduling appointments with the Service, Visitors may be sent reminder emails or a reminder phone call by the Subscriber to confirm the appointment.
a. Visitor agrees: (a) to use the Service to book reservations solely for Visitor's personal use or for another person's personal use at the Subscriber's place of business; and (b) to honor such reservation by arriving at the Subscriber's place of business at the prescribed time. Visitor further agrees not to book more than 1 reservation for Visitor's or another person's personal use at any one time.
b. Resale or attempted resale of reservations is prohibited and is grounds for termination of your use of the Services. You agree not to take any action which is unlawful or in violation of this Agreement. Float Helm expressly reserves all its rights and remedies under applicable state and federal law to refuse service, terminate accounts, or cancel reservations.
a. If you opted to receive email from a Subscriber through the Service at the time of registration with the Service Interface, you may receive periodic emails. If you would rather not receive email from the Service, please login to your account and change your settings, and you will be unsubscribed from receiving further emails. However, Float Helm is not responsible for any emails sent to you by the Subscribers, and you should contact such Subscribers directly should you experience any problems with receiving unwanted emails or adjusting your email preferences.
b. Notwithstanding the above provision, Visitor will still receive purchase receipts and reservation confirmations relating to reservations booked by Visitor through the Service Interface through email even though Visitor opted not to receive periodic email from Subscribers through the 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 (the "Site") and the Service Interface (collectively, the "Service Content") 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 Service Content or any information, software, or Services provided by Float Helm hereunder. Content displayed on www.floathelm.com and on the 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 or any other property right is granted to Visitor for any other purpose, and any prohibited use of the Service or of the Service 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 the Service Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or any 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 false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin of the content you upload. Float Helm reserves the right, but has no obligation to review, remove, or edit such content. If Visitor submits reviews and/or other content, Visitor grants Float Helm a perpetual, royalty-free, irrevocable, and 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 : (a) you own or otherwise control all of the rights to the content that you submit; (b) that the content is accurate; (c) that use of any content you supply does not violate this policy and will not cause an injury to any person or entity. Float Helm has the right, but has no obligation to monitor, 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 Service is updated in aggregate and is proprietary or licensed to Float Helm by its Subscribers or third-parties. By using the Service in any form, Visitor agrees not to employ, or enable any third-party to employ, any device or software code that:
a. Deploys any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without Float Helm's express written permission.
b. Implements any manual processes to copy, monitor or cache Service Content from the Site and the Service Interface without express written permission of Float Helm.
c. Interferes with or attempts to interfere with the functionality of the Service.
d. Visitor further agrees not to take any action that imposes or may impose (in Float Helm's sole discretion) an unreasonable or disproportionately large load on our infrastructure.
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 THE SERVICES, THE SITE, THE FLOAT HELM HOST WEBSITES, OR THE SERVICE CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICE OR THE FLOAT HELM SERVICE 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 SITE 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 SERVICE, THE FLOAT HELM SERVICE WEBSITE, FLOAT HELM SERVICE INTERFACE OR THE FLOAT HELM SERVICE CONTENT. VISITOR ACKNOWLEDGES AND AGREES THAT FLOAT HELM 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 ON AN "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOAT HELM, ITS AFFILIATES, AND ANY THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, ANY ANCILLARY SERVICES, OR ANY PROVIDER SERVICE OF THIRD-PARTY SERVICES, IN WHOLE OR IN PART, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. FLOAT HELM, ITS AFFILIATES AND SUPPLIERS, AND THIRD-PARTY PROVIDERS DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICES, ANCILLARY SERVICES, OR ANY PROVIDER SERVICE OF THIRD-PARTY SERVICES, IN WHOLE OR IN PART, OR THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, MALICIOUS CODE, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION. IN THE EVENT THAT THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT.
The Float Helm Service host websites may contain hypertext links to websites operated by parties other than Float Helm. Such hypertext links are provided for Visitor's convenience only and Float Helm does not control such websites and is not responsible for their content. Float Helm Service host websites' 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 all rights and obligations under this Agreement may not be transferred, assigned or delegated in any manner by Visitor, however, Float helm may freely transfer, assign, or delegate its rights under this Agreement.
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 does it create an expectation of non-enforcement of that or any other provision or right.
This Agreement is governed by the laws of the state of Oregon, United States of America, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement. Any action or proceeding arising out of this Agreement shall be litigated in courts located in Multnomah County, Oregon. Each party consents and submits to the jurisdiction of any local, state, or federal court located in Multnomah County, Oregon for such purposes.
Float Helm requires that all Subscribers, Visitors, and other users of the Service conduct themselves with respect. Please observe the following rules in your use of the Service:
a. Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
b. Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder's written permission. Do not cooperate in or facilitate identity theft.
c. Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
d. Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
e. Spam: Do not send bulk unsolicited e-mails ("Spam") or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.
f. Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
g. Violations of Law: Do not violate any law.
Violation of this Section II 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 violations of this Section II. Float Helm reserves the right to take any other remedial action it sees fit. While this section does not require Float Helm to take any action against You, other Visitors, or Subscribers for violating any provision of this section, Float Helm is free to take any such actions as it deems necessary to remedy such violations.
We request that anyone with information regarding a violation of any provision of this section 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.