This website, floliving.com (the Site) is owned and operated by FLO Living LLC (the Company or we or us).
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. We will post revised Terms & Conditions here and update the Effective Date at the bottom of this document. You should check these Terms & Conditions periodically for changes. By continuing to use the Site after we post changes, you accept the Terms & Conditions as modified.
If you do not comply with these Terms & Conditions at any time, we reserve the right to terminate your password, user account, and/or access to our Site (or any part thereof). You agree that any termination or cancellation of your access to, or use of, the Site may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Site. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Site.
Licensing and Use of Site Materials
The Site and all the materials available on the Site, including text, photographs, videos, software, graphics, music, questions, comments, feedback, ideas, recipes, articles and other information (collectively, Content), are the property of the Company and/or our licensors, and are protected by copyright, trademark, and other intellectual property laws. Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display our Site and the Content provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions.
You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms & Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the Site. You may, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
YOUR MEMBERSHIP TO OUR SITE IS NONTRANSFERABLE. PLEASE HELP US PROTECT OUR INTELLECTUAL PROPERTY AND THE PRIVACY AND SECURITY OF OUR USERS BY NOT SHARING YOUR USERNAME, PASSWORD AND LOGIN INFORMANTION WITH ANYONE.
User Generated Content
By posting or submitting any material, including, without limitation, testimonials, comments, questions, blog entries, photos and videos (collectively User Material) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material, and (ii) that you are 18 years of age or older. When you submit or post any User Material, you are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose and at our sole discretion. The foregoing grant shall include the right to, at our sole discretion, exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that the Company has the right but not the obligation to use and display any postings or contributions of any kind and that the Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Disclaimers: The Company
The site provides health management and information applications and content published over the Internet and is intended only to assist users in their personal health improvement efforts. This Site is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Site should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
Our health coaches are not licensed medical practitioners. Their role is to provide you with the educational tools and information to improve your health through a holistic program. Their advice, suggestions and feedback are not meant to replace traditional medical attention. By using our Site, you agree that you are responsible for your own health and the health of your family and to release the Company from all claims you may have, now or in the future based on the advice, information, feedback or any other materials available on the Site or through our health coaches.
THE INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
We do not warrant or make any representations regarding the use or the results of the use of the Site or Content on the Site in terms of their correctness, accuracy, timeliness, reliability or otherwise. We do not guarantee any medical reality, weight loss or complete healing as a result of using the Site or any of our On-Line Products. You know your body best. By using the Site, you agree that you alone are responsible for making decisions related to your health and wellbeing. The information and Content we provide on the Site is meant for educational purposes only and assumes that you will use such information and Content responsibly and at your own risk. Please make appropriate decisions. By using the Site, you agree that the Company is not liable for any choices you make, including, but not limited to, what you eat and consume and when you choose to do so, how and when you exercise, and when and how you execute your bodily needs and desires.
You agree at all times to defend, indemnify and hold harmless the Company and any of our employees, and our successors, transferees, assignees and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, you may have now or in the future.
Throughout the Site, we may provide links and pointers to other sites maintained by third parties (Third-Party Websites). Our linking to such Third-Party Websites does not imply an endorsement or sponsorship of such Third-Party Websites, or of the information, products or services offered on or through the Third-Party Websites.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available on Third-Party Websites, are those of the respective authors or distributors, and not of the Company. We do not guarantee the accuracy, completeness, or usefulness of any Third-Party Website content. Furthermore, we neither endorse nor are responsible for the accuracy and reliability of any opinion, advice, or statement made on any Third-Party Website.
Periodically, we may provide access or links to the opinions, advice or statements of practitioners and counselors who are not employees of the Company or affiliated with the Company (collectively Third-Party Practitioners). The opinions, advice and statements of Third-Party Practitioners belong to each Third-Party Practitioner and do not belong to, or represent the views of, the Company. Such access to Third-Party Practitioners is intended for informational purposes only. The Company does not guarantee the accuracy or reliability of such opinions, advice or statements.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third partyâ€™s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third partyâ€™s personal information.
The Site includes a variety of interactive features, including bulletin boards, web logs, chat rooms, and email services (collectively Interactive Features), which allow feedback to us and real-time interaction between users in the form of User Materials. Responsibility for what is posted, whether upon our request or voluntarily, on our Interactive Features and other public posting areas on the Site, or sent via any e-mail services on the Site, lies with the person who sent or posted the User Material.
You alone are responsible for the material you post or send using the Site. We do not control all the User Materials, messages, information or files that you or others provide through the Site, as such, we do not guarantee the accuracy, integrity or quality of such postings and User Materials. Although we have adopted community standards and conduct guidelines for the users of our Site (as described below), you understand that by using this Site, you may be exposed to postings that are offensive or objectionable.
The Company or its designated agents may remove or alter any user-created content at any time for any reason. Our Interactive Features are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by the Company staff, the Companyâ€™s outside contributors, or by users not connected with the Company, some of whom may employ anonymous usernames. The Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, or our suppliers and agents, be liable for any loss or damage caused by your reliance on information obtained through these Interactive Features. The opinions expressed in these Interactive Features are solely the opinions of the participants, and do not reflect the opinions of the Company or any of its subsidiaries or employees.
Community Standards and Conduct Guidelines
You agree not to use the Site (including the Interactive Features) to:
1) Restrict or inhibit any other user from using and enjoying the Site;
2) Use the Site to impersonate any person or entity, including, but not limited to any user of the Site, any director, officer, employee, shareholder, agent or representative of the Company, or falsely state or otherwise misrepresent your affiliation with the Company or any other person or entity;
3) Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
4) Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
5) Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
6) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
7) Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;
8) Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
9) Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
10) Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
11) Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
12) Gather for marketing purposes any email addresses or other personal information posted by other users of the Site;
13) Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law;
14) Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another userâ€™s experience of this Site;
15) Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site; or
16) “Stalk” or otherwise harass another user or employee of this Site.
Your privilege to use this Site (including the Interactive Features) and contribute to discussions on the Site depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Site and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, the Site or any of the Interactive Features.
The Company has no obligation whatsoever to monitor any of the content or postings on the Interactive Features or other public areas of the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Site (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us by mail:
Alisa Vitti, CEO, Flo Living LLC
161 W. 54th St., Suite 1404
New York, NY 10019
In your correspondence, you must include the following information:
1) The physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
2) Identification of the copyrighted work(s) claimed to be infringed;
3) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site;
4) Your name, mailing address, telephone number and e-mail address;
5) Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6) Your statement that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright ownerâ€™s behalf.
For any complaints that reference more than 10 allegedly infringing works, please create a spreadsheet that contains items 2 and 3 from above for each allegedly infringing piece of work.
Please note that the notification sent to us will be forwarded to the user who provided the allegedly infringing content.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement:
Alisa Vitti, CEO, Flo Living LLC
161 W. 54th St., Suite 1404
New York, NY 10019
It is our policy to honor all takedown requests that comply with the requirements of the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. But, before proceeding please understand that should you knowingly materially misrepresent that a product or activity is infringing your copyrights, you may be held liable for damages.
Passwords and User Security
To use certain features of the Site, you will need a username and password to create an account, which you will receive through the Siteâ€™s registration process. You are responsible for maintaining the confidentiality of your username, password and account, and are responsible for all activities (whether by you or by others) that occur under your username and account. You agree to ensure that you exit from your account at the end of each session. You also agree to notify us immediately of any unauthorized use of your username and account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, AND SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATON OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (III) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (IV) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR EMPLOYEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITEâ€™S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to Content downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms & Conditions, shall survive.
Your purchase of an On-line Product, other product, program or service, may or may not provide for any refund. Each specific product, service or program will specify its own refund policy.
Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of law principles. You agree that any dispute arising out of, or relating to your use of, this Site or these Terms & Conditions shall be subject to binding arbitration in New York.
In any action against us arising from the use of this Site, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Site, or by written agreement of both parties, you and us. Each time you access this Site, you will be deemed to have accepted any such changes.
The Company may freely assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. This Agreement shall be binding upon and inure to the benefit of the Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned by your or any user without the prior written consent of the Company.
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Effective Date: February 24, 2012