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End User License Agreement

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 Last Updated and Effective as of: January 3, 2019

END USER LICENSE AGREEMENT

By using the software (“Product Software”) that is embedded on Flo Technologies, Inc.'s products (“Product” or "Products"), you agree to the terms of this End User License Agreement (“EULA”) between you and Flo Technologies, Inc., and its subsidiaries and affiliates, as applicable (“Flo” or “we”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING FLO AT THE ADDRESS BELOW. Your use of (a) the website located at meetflo.com and meetflo.com sub-domains (each, a “Site”), and/or (b) services through the Site (and any updates thereto) (“Site Services”), and/or (c) certain software that may be downloaded to your mobile device (and any updates thereto) (“Mobile Software”) is governed by the Terms of Service. Your purchase of the Product (excluding the Product Software) is governed by the Flo Limited Warranty, the terms of which are provided with the Product. This EULA does not govern your use of the Site, Site Services, or Mobile Software, or your purchase of the Product (excluding the Product Software).

This EULA governs your access and use of the Product Software. This EULA gives you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.

Please read these terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. 

THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, OR IF YOU DO NOT HAVE THE AUTHORITY, YOU WILL BE PERSONALLY LIABLE FOR ANY DAMAGES RESULTING FROM A BREACH OF THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU EITHER HAVE EXCLUSIVE CONTROL OR EXCLUSIVE POSSESSION OVER THE PROPERTY ON WHICH THE PRODUCT SOFTWARE IS 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. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT SOFTWARE AND TO ENTER INTO THIS EULA. FLO IS WILLING TO LICENSE THE PRODUCT SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT SOFTWARE.

AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE PRODUCT SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PRODUCT SOFTWARE.

AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT SOFTWARE AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.

Flo reserves the right to make changes to this EULA, so please check back often for updates. We'll post notice of modifications to this EULA on this page. You should ensure that you have read and agree with our most recent EULA when you use the Site Services. Continued use of the Site Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised EULA. If you have any questions regarding this EULA, you can contact Flo by email at support@meetflo.com, or by telephone at 1 (844) MEET-FLO.

1. License

Subject to the terms of this EULA, Flo grants to you a limited and nonexclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes. Except as set forth in the following sentence, you may not sell, sublicense, rent, lease, lend or otherwise transfer the Product Software in any way. You may permanently transfer rights under this EULA only in connection with the transfer of the rights to own, occupy or possess the real property on which the Product is installed, as part of a permanent sale or transfer of the Product (a “Permitted Transfer”).  Such Permitted Transfer shall only be effective upon: (i) delivery by the transferor to Flo of notice of the Permitted Transfer; (ii) the creation by the transferee of a separate Flo account on the Flo Site; (iii) transferee’s express agreement to pay all required fees for the Site Services; and (iv) transferee’s express acceptance of this EULA, the Terms of Service and any other terms and conditions required of users of the Site Services. If the Product Software is an upgrade, any Permitted Transfer must also include all prior versions of the Product Software. You agree that the Product Software and any additional materials specific to the Product Software provided under this EULA are and shall at all times remain the sole and exclusive property of Flo. Unauthorized copying of the Product Software is expressly forbidden.

2. Restrictions

You agree not to, and you will not permit others to: (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party; (b) copy or use the Product Software for any purpose other than as permitted in Section 1; (c) use any portion of the Product Software on any device or computer other than the Product that you own or control; (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Software; or (e) modify, translate, alter, merge with another program, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Flo and provide Flo an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Product Software to any third party without prior written approval of Flo for each such release.

You represent and warrant that you shall not do any of the following, and shall not cause or knowingly allow others to, do any of the following: (a) use the Product Software unlawfully; (b) place harmful software on the Product Software or use it in connection with the Product Software, including but not limited to, the generation or dissemination of computer viruses, Trojan horses, time bombs, denial of service attacks, key-logging and other monitoring software, worms, logic bombs, or other harmful code or programs; (c) use the Software, by itself or in conjunction with harmful software, to: (1) negatively impact the operation or performance of the Product Software, (2) negatively impact the safety, security, or privacy of users or owners of the Product Software, (3) negatively impact the operation or performance of the networks with which the Product Software may interact (“Networks”), (4) attempt unauthorized use or access to such Networks, or to any service, data or account, (5) cause harm to the software, the Products with which they are used, or the Network, or impair their use by others, or (6) infringe upon the privacy rights of any authorized user or third party.

3. Automatic Software Updates

Flo may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and the Product Software and you agree to promptly install any Updates Flo provides. Your continued use of the Product is your agreement to this EULA.

4. Ownership

The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Flo and its licensors. Flo and its licensors reserve all rights in and to the Product Software not expressly granted to you in this EULA. The Product Software (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions or feedback provided by you to Flo with respect to the Product Software shall be Flo’s property. Flo may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Flo does not waive any rights to use similar or related ideas previously known to Flo, developed by its employees, or obtained from other sources.

5. Open Source

Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Flo makes such Open Source Software, and Flo’s modifications to that Open Source Software, available by written request to Flo at the email or mailing address listed below.

6. Term and Termination

This EULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this EULA is terminated under this section. Flo may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to Flo. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Product Software, but the terms of Sections 2 through 24 (inclusive) will remain in effect, after any such termination.

7. Warranty Disclaimer

NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLO PROVIDES THE PRODUCT SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FLO DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. FLO MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.

YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND FLO DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WATER SYSTEMS, PLUMBING, HOME, PROPERTY, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PERSONS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.  Flo makes no warranty whatsoever with respect to the accuracy of the data. 

8. Limitation of Liability

Nothing in this EULA and in particular within this "Limitation of Liability" clause shall attempt to exclude 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 CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, 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 PRODUCT SOFTWARE, 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 12 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.

9. Limitations of Product Software

You acknowledge that the Products and Product Software are not certified for emergency response. YOU UNDERSTAND THAT THE PRODUCTS AND PRODUCT SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM -- FLO DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the Flo Customer Care and Support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.

Unless explicitly promising a “guarantee,” Flo does not guarantee or promise any specific level of water savings, water usage, limiting of property damage, or other monetary benefit from the use of the Products or Product Software or any feature of them. Actual water savings, water usage, limiting of property damage, and monetary benefits vary with factors beyond Flo’s control or knowledge. From time to time, Flo may use the Product Software to provide you with information that is unique to you and suggests an opportunity to limit property damage or save money if you adopt suggestions or features of the Product or Product Software. We do this to highlight an opportunity based on our analysis and information about you and your household. You acknowledge that these promotions are not a guarantee, and you agree not to seek monetary or other remedies from Flo.

The Product Software provides you information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Product Software is not a substitute for direct access of the information in the home.

10. Confidentiality

“Confidential Information” shall mean the Product Software and all other information disclosed to you that Flo characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this EULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Flo. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Flo in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this EULA, and will cooperate with Flo in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will: (i) immediately notify Flo prior to such disclosure to allow Flo an opportunity to contest the disclosure; (ii) assert the privileged and confidential nature of the Confidential Information; and (iii) cooperate fully with Flo in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.

11. For U.S. Government End Users

The Product Software is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Product Software is provided to U.S. Government End Users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein.

12. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY.

(a)  Agreement to Arbitrate Disputes.  Except as provided in Section 12, below, you and Flo agree that any dispute, claim or controversy arising out of or relating in any way to this EULA, the Product Software, the Products and/or Site Services, Product Terms & Conditions, the Terms of Service, 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 this EULA, 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 EULA and the termination of your Flo Services.

(b)  Arbitration Notice.  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)  Filing Fees.  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)  American Arbitration Association.  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 18, 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)  Telephonic/In-Person Hearing.  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)  Claims Only In Individual Capacity.  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)  Changes to Arbitration Agreement.  If Flo makes any changes to this Arbitration Agreement in this EULA (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. Export Compliance

The Product Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Product Software and related technology, as may be required. You will indemnify and hold Flo harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section

14. Data Protection

By placing an order for Products and/or Site Services, you agree and understand that Flo may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. Flo may also share such data globally with its subsidiaries and partners. Flo will protect your information in accordance with the Privacy Policy for Flo Web Sites. Flo works with other companies that help Flo provide Products to you, such as freight carriers and credit card processing companies, and Flo may have to share certain information with these companies for this purpose.

15. Electronic Communications

You are communicating with Flo electronically when you create your account with Flo, use the Site 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 or Services from Flo’s online 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.

16. Notifications

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.

17. 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.

18. Protection of Confidential Information and Intellectual Property Rights

You acknowledge that the Product Software and the Confidential Information contain valuable trade secrets and proprietary information of Flo, that any actual or threatened breach of Section 2 (Restrictions) or Section 10 (Confidentiality) of this EULA will constitute immediate, irreparable harm to Flo for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.  Notwithstanding the provisions of the Arbitration Agreement in Section 12, Flo may seek injunctive or other equitable relief to protect its Confidential Information, trade secrets, proprietary information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

19. Severability

If any part of this EULA 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 this EULA will remain in full force and effect.

20. Survivability

The obligations in Sections 2 through 23 will survive any expiration or termination of this EULA.

21. Waiver

Failure or delay by us to enforce any provision of this EULA will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.

22. Governing Law and Jurisdiction.

This EULA is 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 Section 12.

23. Assignment

This EULA, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Flo’s prior written consent. This EULA may be assigned by Flo without restriction. This EULA is binding upon any permitted assignee.

24. General

The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. Flo will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors.

The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA.

Questions or Additional Information. If you have questions regarding this EULA, please contact Flo by email at support@meetflo.com or call 844-MEET-FLO.

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