PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE FLOAT.COM WEBSITE (THE "WEBSITE") OR THE FLOAT ONLINE SCHEDULING SERVICE (THE "SERVICE") YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE OR USE THE SERVICE.
The works of authorship contained in this Website, including but not limited to all design, text, and images, are owned, except as otherwise expressly stated, by Pixel Paddock, LLC, a New York limited liability company (the “Company”). Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the Company’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the Company’s proprietary rights. You are granted permission to display on your computer, print and download the content on this Website for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded. The Website content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, other than as expressly set forth in these Terms & Conditions of use, without the Company’s express prior written authorization.
The trademarks, service marks, logos, slogans and domain names referenced on the Website (the “Marks”), including but not limited to “Pixel Paddock”, “FloatSchedule” and the Float logo, are either common-law service marks or trademarks or registered service marks or trademarks of the Company, or third party Marks licensed to the Company, and are protected by trademark laws in the United States and other countries, and international laws and treaties. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the Website. You are not permitted to use any Marks displayed on the Website, metatags or any other “hidden text” utilizing Marks of the Company and its licensors, without prior written permission of the Company or such third party who may own the Mark.
LIMITATION OF LIABILITY
- THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE AND SERVICES. THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO USE OR INABILITY TO USE THE WEBSITE AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE AND THE SERVICES. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
- UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY RELIANCE ON THE WEBSITE, THE SERVICE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER THE COMPANY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. THE COMPANY MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN OR MADE AVAILABLE ON THE WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY.
- TO THE EXTENT THAT TO CREATE OR MAINTAIN A FREE OR SUBSCRIPTION ACCOUNT, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE YOU MAY INCUR DUE TO FAILURE TO SAFEGUARD YOUR ACCOUNT DETAILS OR PASSWORDS.
- The Website may be interfered with by numerous factors outside the Company’s control, including but not limited to Internet disruptions, and failures of any data or telecommunications equipment, system or network used in connection with the Website. THE COMPANY ASSUMES NO LIABILITY FOR DISRUPTIONS OF THE WEBSITE OR THE SERVICE.
- YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE AND PERFORMANCE OF THE WEBSITE AND THE SERVICE, REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- THE COMPANY DOES NOT GUARANTEE THAT THE WEBSITE IS SECURE OR IMPREGNABLE. THE COMPANY WILL NOT BE RESPONSIBLE IN THE EVENT OF SECURITY BREACH OR INFILTRATION OF ITS SECURITY SYSTEMS, PROVIDED THAT THE COMPANY HAS USED REASONABLE EFFORTS TO PREVENT ANY SUCH BREACH OR INFILTRATION.
- Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.
Billing and Refund Policy; Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month or year immediately upon upgrading.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Pixel Paddock, LLC, does not accept any liability for such loss.
Account Suspension, Termination and Cancelation
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account Settings link in the global navigation bar at the top of the screen. The Account & Billing page provides a simple delete link at the bottom of the page.
- All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. The user’s access to and use of the Company Website, and the terms of the above disclaimers are governed by the laws of the State of New York.
- These Terms & Conditions of Use constitute the entire agreement between you and the Company relating to your use of and accessing to the Websites.