Product Terms and Conditions of Sale
Last Updated and Effective as of: January 3, 2019
Product Terms & Conditions
These Product Terms and Conditions (“Terms and Conditions) cover the products (individually a “Product,” and collectively “Products”) of Flo Technologies, Inc., and its subsidiaries and affiliates (collectively, “Flo”). You have either purchased a Product or agreed to have a Product installed in your residence or property. By purchasing a Product or agreeing to have a Product installed in your residence or property, you agree to be bound by these Terms & Conditions and any additional terms Flo provides, including but not limited to our Terms of Service, End User License Agreement, and the terms of the Limited Warranty included in-box with any Flo Product.
THIS IS A LEGAL AGREEMENT. BY PURCHASING A PRODUCT OR AGREEING TO HAVE A PRODUCT INSTALLED IN YOUR RESIDENCE OR PROPERTY, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE TO PURCHASE PRODUCTS OR TO ENTER INTO AN AGREEMENT TO HAVE THE PRODUCTS INSTALLED IN YOUR RESIDENCE OR PROPERTY AND TO ENTER INTO THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU EITHER HAVE EXCLUSIVE CONTROL OR EXCLUSIVE POSSESSION OVER THE PROPERTY ON WHICH THE WEB APPS OR MOBILE APPS ARE BEING INSTALLED. YOU REPRESENT THAT YOU: (i) EITHER HAVE EXCLUSIVE CONTROL OR EXCLUSIVE POSSESSION OVER THE REAL PROPERTY ON WHICH THE PRODUCT IS BEING INSTALLED; (ii) AS THE OWNER OR THE PERSON IN POSSESSION OR CONTROL (WHETHER EXCLUSIVE, OR NOT) OF THAT REAL PROPERTY, HAVE THE RIGHT TO INSTALL THE PRODUCT ON THAT REAL PROPERTY; OR (iii) HAVE PERMISSION TO INSTALL THE PRODUCT FROM ALL PERSONS WHO OCCUPY THAT REAL PROPERTY OR WHOSE CONSENT TO INSTALL THE PRODUCT MAY OTHERWISE BE REQUIRED. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to placing an order or otherwise acquiring any Product from Flo. Every time you place an order or otherwise acquire Products from Flo, the Terms & Conditions in force at that time will apply between you and Flo. We may notify you in the event we make changes to these Terms & Conditions that affect your Services (as defined below). If you have any questions regarding these Terms & Conditions, you can contact Flo by email at firstname.lastname@example.org, or by telephone at (844) MEET-FLO
These Terms & Conditions are applicable to private consumers.
Please read these terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms & Conditions will affect those other legal rights.
Products and Services (as defined in Section 2, below) offered by Flo are not designed and tested for use in all countries. If you choose to use the Products and Services outside the United States, Germany, or Australia (each, a "Target Country"), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Products and Services are not designed for use in a non-Target Country and some or all of the features of the Products and Services may not work or be appropriate for use in such a country. To the extent permissible by law, Flo accepts no responsibility or liability for any damage or loss caused by your access or use of the Products and Services in a non-Target Country. Flo expressly prohibits the transfer of Products or Services to, or the use of Products or Services by, any Office of Foreign Asset Control (“OFAC”) “Specially Designated National” or in any OFAC sanctioned Country.
In connection with your acquisition of the Products, you acknowledge and confirm that you have truthfully answered all questions (the “Compatibility Questions”) meant to determine and verify the compatibility of the Products you are acquiring with other equipment in your home (e.g., ensuring that your plumbing system and Wi-Fi is compatible with Flo Products). Your failure to answer each of the Compatibility Questions truthfully and completely may void the Limited Warranty provided with each Product if the Product, when installed, is incompatible with the other equipment in your home. In such event, you will not be entitled to receive any refund after expiration of the 30-day period described in the refund policy in Section 11, below.
2. Products and Services
In conjunction with your acquisition of the Products, Flo provides, or may provide for a separate subscription fee, one or more of the following: (1) a Flo user account website that may be accessed at www.meetflo.com (“Site”), and/or (2) services accessible through the Sites (“Web Apps”), and/or (3) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), and/or (4) subscription services, including services that can be accessed using the Web Apps and/or Mobile Apps (“Subscription Services”), all for use in conjunction with Flo hardware Products and in other ways that Flo provides or may provide. Some Flo Products and Services may be used together or in ways that may integrate with products and services from third parties. The term “Services” means the Sites, Web Apps, Mobile Apps, Subscription Services and Flo Customer Support.
3. Reservations and Pre-Orders.
Products available for reservation and pre-order are not offered for sale by Flo. Your placement of a reservation and pre-order does not create a contract for sale.
By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Flo to purchase the Product subject to these Terms & Conditions. Flo will obtain an authorization from your bank or credit card company for no charge. An authorization from your payment card company may stay open for several days or weeks before a charge is actually made.
You may cancel your offer to purchase Products at any time prior to shipment and you will not be charged.
Later, when the Product is offered for sale (if you have not previously cancelled your offer to purchase Products), Flo may accept your offer to purchase Products subject to these Terms & Conditions. At that time, Flo will capture payment on the payment card you provided and ship your Product. Flo may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.
Flo reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
By providing a credit card or other payment method accepted by Flo, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Flo account, you can do so at any time by logging into your account and editing your payment information. If you purchased or received your product from a third party, you may have to update your credit card or other payment method according to that third party’s payment policies. Flo disclaims any liability for your failure to do so.
5. Service Fees and Payment.
(a) Service Fees. To use the Services, you must pay all applicable fees in connection with the Services selected by you (“Service Fees”) in accordance with the Terms of Service.
(b) Continuous Subscriptions. When you purchase any of our Services, you expressly acknowledge and agree that (1) Flo, or other third party Service provider, is authorized to charge you a monthly or annual service fee depending on the billing cycle you choose (in addition to any applicable taxes) for as long as you continue to use the Services, and (2) your use of Services is continuous until you cancel it or such Service is suspended, discontinued or terminated in accordance with the Terms of Service.
(c) Billing. We automatically bill the payment method associated with your Flo account on a monthly or annual basis (depending on the billing cycle you choose). Day one of your billing cycle is tied to the date you activate your Services by pairing them to the Product(s) and/or installing them. You acknowledge that the amount billed may vary due to promotional offers, changes in your Services plan and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.
(d) Cancellations and Refunds. You may cancel your Services at any time by contacting customer support by email at email@example.com, or by telephone at (844) MEET-FLO. Note that merely unpairing a Product from a Service will not trigger cancellation of the Service. In the event you cancel a Service, we will provide a prorated refund for the period of time starting the day after cancellation of the Service through the remainder of your billing cycle.
(e) Free Trials. We may offer free trials of our Services for limited periods of time. If we offer you a free trial, the specific terms of your free trial may be provided at registration. We have no obligation to notify you when your free trial ends, and we reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
6. Availability and Pricing.
All Products offered are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products and/or Services without prior notice. Prices for the Products and Services are subject to change at any time, but changes will not affect any order for Products you have already placed. In the event we change the pricing for any Service you have purchased, we will give you advance notice of this change in accordance with Section 17 (Notifications). After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your Services as set forth in Section 5(d) above.
7. Sales Tax.
Depending on the order, Flo calculates and charges sales tax in accordance with applicable laws.
8. Resale and Title Transfer.
Purchases of Products are intended for end users only, and are not authorized for resale. Title for Products purchased passes to the purchaser at the earlier of: (a) if purchased in a retail store, the time the purchaser actually takes possession of the Product; or (b) if shipped to purchaser, the time of delivery by Flo to the freight carrier, but Flo and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
9. Shipping and Delivery.
Prices for the Products may not include shipping costs (if applicable). The method of delivery and delivery charges for any Products will be provided at the time you place order. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
The Products offered by Flo have been designed, marketed and sold for use by residents of the United States. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. The Products offered by Flo are not intended for use outside of the United States. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you violate any such law.
There may be laws in the jurisdiction in which you install a particular Product applicable to placement of the Product and method used to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. Flo is not responsible for any injury or damage caused by self-installation. Flo expressly disclaims any liability for injury to you, your persons, your property, or your Flo Product from self-installation or installation by any installer not certified or recommended by Flo. Further, Flo Products that have been installed, or attempted to be installed, by a non-certified or non-recommended installer (including self-installation) are not eligible for returns as described in Section 11 and are not afforded any of the warranties described in Section 13 of this Agreement or any other Agreement provided by Flo in conjunction with the Product or Services. For a list of recommended installers of the Products in your area, contact Flo customer support by email at firstname.lastname@example.org or by telephone at (844) MEET-FLO. These installers may not be Flo employees and may not be affiliated with Flo even though these installers may be certified or recommended by Flo to install your Flo Product. Flo is not responsible for any conduct of or liability associated with these installers. You should do your own diligence of the installers to select one that best fits your needs.
11. Returns for Refund.
If, for any reason, you want to return a Product you purchased for a refund, you must notify us no later than 30 days following the date of purchase (the "Cancellation Period"). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Flo customer support at support@meetFlo.com or (844) MEET-FLO, and clearly stating your desire to return the Product. Although it will not affect your right to a refund, please include details on where and when you purchased the Product and your reason for returning the Product. Flo customer service will provide you with a return address where the returned product should be sent, and a Return Materials Authorization ("RMA") that must be included with your return shipment to Flo so Flo can identify your shipment. If you purchased the Product from somewhere other than Flo, please contact that reseller to obtain a refund.
To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 14 days following the day on which you notify Flo customer support that you desire to return your Product. Unless the Product does not function properly or is not as described when purchased, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to Flo). Flo Products that have been installed, or attempted to be installed, by a non-certified or non-recommended installer (including self-installation) are not eligible for returns under this Section 11. We will refund the price you actually paid for the Product plus original delivery cost (up to the value of our Ground delivery option), less the value of any promotional merchandise or discounts you received. We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling of the Product in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop).
We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Flo of the returned Product. The Product is not eligible for a refund after the 30-day period.
12. Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY.
(a) Except as provided in Section 19, below, you and Flo agree that any dispute, claim or controversy arising out of or relating in any way to the Products and/or Services, these Terms & Conditions, the Limited Warranty and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms & Conditions, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Flo are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Flo Services.
(b) If you elect to seek arbitration, you must first send to Flo, by certified mail, a written notice of your claim ("Arbitration Notice"). The Arbitration Notice to Flo must be addressed to: Flo Legal Department,9415 Culver Blvd #210, Culver City, CA 90232 ("Arbitration Notice Address"). If Flo initiates arbitration, it will send a written Arbitration Notice to the email address used for your Flo account. An Arbitration Notice, whether sent by you or by Flo, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Flo and you do not reach an agreement to resolve the claim within 30 days after the Arbitration Notice is received, you or Flo may commence an arbitration proceeding.
(c) You may download or copy a form Arbitration Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Flo receives Arbitration Notice at the Arbitration Notice Address that you have commenced arbitration, Flo will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
(d) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. The arbitrator is bound by the terms of this Agreement. Except as provided in Section 19, below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Flo and you agree otherwise, any arbitration hearings will take place in Los Angeles, California.
(e) If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Flo’s last written settlement offer made before an arbitrator was selected (or if Flo did not make a settlement offer before an arbitrator was selected), then Flo will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
(f) YOU AND FLO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and Flo agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If Flo makes any changes to this Arbitration Agreement in these Terms & Conditions (other than a change to the address at which Flo will receive Arbitration Notices or rejections of future changes to this Arbitration Agreement), you may reject any such change by sending us written notice within 30 days of the change to Flo Legal Department, 9415 Culver Blvd #210, Culver City, CA 90232. By rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement, as modified by any changes you did not reject.
13. Warranties and Disclaimers.
As far as permitted by applicable law, all Products and Services are provided on an "as-is" basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All Products and Services are provided on an "as-is" basis unless otherwise noted in the Limited Warranty included with a Product. With respect to Flo Products, you may choose whether to make a claim under these Terms & Conditions or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty for your Flo Product, you should contact Flo at (844) MEET-FLO.
You use any Products or Services at your own discretion and risk. You will be solely responsible for (and Flo disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Service, including damage or loss to your water systems, plumbing, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items, people and pets in your home. Unless explicitly promising a "guarantee," Flo does not guarantee or promise any monetary benefit from the use of a Product and/or Services or any feature of them. Actual savings and monetary benefits, if any, vary with factors beyond Flo’s control or knowledge.
14. Limitation of Liability.
Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) FLO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR SERVICES, EVEN IF FLO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) FLO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO FLO OR FLO’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. FLO DISCLAIMS ALL LIABILITY OF ANY KIND OF FLO’S LICENSORS AND SUPPLIERS.
15. Data Protection.
16. Electronic Communications.
To make use of the Services, you will be required to communicate with Flo electronically when you access Flo’s website or use the Web Apps, Mobile Apps or Subscription Services or send email to Flo. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order Product online in Flo’s Store, we collect and store your email address. From that point forward, your email address is used to send you information about Flo’s products and services unless you opt-out of such emails using the opt-out link in the emails.
Flo may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Flo account, hard copy, or posting of such notice on the Flo website. Flo is not responsible for any automatic filtering you or your network provider may apply to email notifications. Flo recommends that you add the “@meetFlo.com” URL to your email address book to help ensure you receive email notifications from Flo.
18. Force Majeure.
Flo will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19. Protection of Confidentiality and Intellectual Property Rights.
Notwithstanding the provisions of the Arbitration Agreement in Section 12, Flo may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
The obligations in Sections 12 through 23 will survive any expiration or termination of these Terms & Conditions.
Failure or delay by us to enforce any of these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
23. Governing Law and Jurisdiction.
These Terms & Conditions are governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Los Angeles County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above Section 12.