Terms of Use
Flowbot Forge Terms of Use
Last Updated: November 9, 2024
AGREEMENT TO FLOWBOT FORGE LEGAL TERMS
We are Flowbot Forge, Inc.("Company," "we," "us," "our").
We operate the website https://flowbotforge.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
We provide a platform facilitating the hiring of automation professionals, supported by a comprehensive suite of proprietary software tools.
You can contact us by email at hello@flowbotforge.com
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Flowbot Forge, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
1. OUR SERVICES
The information provided through the Services is not intended for distribution or use by individuals or entities in any jurisdiction or country where such use would violate local laws or regulations, or where it would require us to register within that jurisdiction or country. Therefore, those accessing the Services from other locations do so at their own risk and are solely responsible for ensuring compliance with applicable local laws.
Flowbot Forge's use and transfer of information received from Google APIs to any third-party applications will comply with Google’s API Services User Data Policy, including the Limited Use requirements.
The Services are not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). Therefore, if your activities are subject to such regulations, you may not use the Services. Additionally, you may not use the Services in any way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHT
Our intellectual property
We own or hold licenses for all intellectual property rights related to our Services, including but not limited to the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the "Content"), as well as the trademarks, service marks, and logos displayed within the Services (referred to as the "Marks").
Our Content and Marks are protected by copyright, trademark laws, and various other intellectual property and unfair competition laws, both in the United States and internationally.
The Content and Marks are made available to you through the Services "AS IS" for your internal business use only.
Your use of our Services
Provided that you comply with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, and revocable license to: access the Services; and download or print a copy of any part of the Content you have properly accessed. This license is granted solely for your internal business purposes.
Except as expressly stated in this section or elsewhere in our Legal Terms, you may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Services, Content, or Marks for any commercial purpose without our prior written consent.
If you wish to use the Services, Content, or Marks in a manner not covered by this section or other provisions in our Legal Terms, please submit your request to: hello@flowbotforge.com. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must credit us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice remains visible. We reserve all rights not expressly granted to you in relation to the Services, Content, and Marks.
Any violation of these intellectual property rights will constitute a material breach of our Legal Terms, and your access to the Services will be terminated immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
To the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution; warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions;
And warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these Legal Terms;
You are not a minor in the jurisdiction in which you reside;
You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
You will not use the Services for any illegal or unauthorized purpose; and
Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may need to register to access the Services. You agree to keep your password private and are responsible for all activities that occur under your account and password. We reserve the right to remove, reclaim, or change any username you choose if we determine, at our sole discretion, that it is inappropriate, offensive, or otherwise objectionable.
5. PURCHASES AND PAYMENT
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
We accept the following forms of payment:
Visa
Mastercard
American Express
Discover
Apple Pay
6. CANCELLATION
All purchases are non-refundable. If you are on a legacy recurring monthly subscription, you can cancel your subscription at any time by contacting us. If you have signed an annual commitment order form, you must abide by the cancellation terms specified within your order form.
If you are unsatisfied with our Services, please email us at support@flowbotforge.com.
7. PROHIBITED ACTIVITIES
You may only use the Services for their intended purposes as approved by us. Any commercial activities outside of these specified purposes are not allowed.
As a user of the Services, you agree not to:
- Systematically extract data or content from the Services to compile any collection, database, or directory without our written consent.
- Mislead or deceive us or other users, especially by attempting to gain sensitive account information such as passwords.
- Circumvent, disable, or interfere with security features, including those preventing content copying or restricting use of the Services.
- Disparage, harm, or tarnish our reputation or the Services.
- Use any information from the Services to harass, abuse, or harm others.
- Misuse support services or submit false reports of abuse or misconduct.
- Violate any applicable laws or regulations in using the Services.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit harmful material like viruses, Trojan horses, excessive capital letters, or spam that disrupts others' use of the Services.
- Use any automated tools, scripts, or bots to interact with the system, send comments, or collect data.
- Remove copyright or proprietary rights notices from any content.
- Impersonate other users or use another user's username.
- Upload or transmit tracking mechanisms, including gifs, web bugs, cookies, or other spyware.
- Interfere with the Services or create undue strain on networks or related services.
- Harass, intimidate, or threaten our employees or agents involved in providing the Services.
- Attempt to bypass any access restrictions or security measures on the Services.
- Copy or modify the Services' software, including code like Flash, PHP, HTML, or JavaScript.
- Decompile, reverse engineer, or attempt to decode any software making up part of the Services, unless allowed by law.
- Use, launch, or distribute any unauthorized automated systems such as spiders, robots, or scrapers to access the Services, or use unauthorized scripts.
- Use a purchasing agent to make purchases on the Services.
- Collect usernames or emails for unsolicited messages or create user accounts through automation or under false pretenses.
- Use the Services to compete with us or for any commercial endeavor or revenue-generating purpose without our approval.
- Create multiple accounts.
- Attempt to use Flowbots for any purpose other than their intended, advertised function.
- Send spam messages to others.
Violation of these terms may result in suspension or termination of your access to the Services.
8. USER GENERATED CONTRIBUTIONS
The Services may allow you to chat, participate in blogs, message boards, forums, and other interactive features, giving you the opportunity to create, submit, post, display, or distribute content (collectively, "Contributions"), which may include text, images, video, audio, comments, suggestions, or personal information. These Contributions may be visible to other users of the Services and on third-party websites, and may therefore be treated as non-confidential and non-proprietary. By creating or submitting Contributions, you represent and warrant that:
- Your Contributions do not infringe the proprietary rights (including copyright, patent, trademark, trade secret, or moral rights) of any third party.
- You are the creator or have the necessary licenses, rights, consents, and permissions to use and authorize us and other users to use your Contributions as permitted by the Services and these Legal Terms.
- You have the consent and permission from any identifiable individuals in your Contributions to use their name or likeness in accordance with the Services and these Legal Terms.
- Your Contributions are accurate and not misleading.
- Your Contributions are not unsolicited advertisements, spam, chain letters, or any form of solicitation.
- Your Contributions are not obscene, violent, harassing, defamatory, or otherwise objectionable as determined by us.
- Your Contributions do not mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten others or promote violence against any person or group.
- Your Contributions do not violate any laws, rules, or regulations.
- Your Contributions do not infringe on the privacy or publicity rights of any third party.
- Your Contributions do not include offensive comments relating to race, national origin, gender, sexual orientation, or disabilities.
- Your Contributions do not violate or link to material that violates these Legal Terms or any applicable law.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
11. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://Flowbotforge.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without regard to its conflict of law principles.
29. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30)days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1)years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
The Services may contain typographical errors, inaccuracies, or omissions in information such as descriptions, pricing, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, AND YOU AGREE TO USE THEM AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES RELATED TO THE SERVICES AND YOUR USE OF THEM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICES OR ANY LINKED WEBSITES OR MOBILE APPS, AND WE ACCEPT NO LIABILITY FOR:
1. ANY ERRORS, INACCURACIES, OR OMISSIONS IN CONTENT OR MATERIALS,
2. ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES,
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN,
4. ANY INTERRUPTION OR TERMINATION OF SERVICE TRANSMISSIONS,
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL ELEMENTS TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND
6. ANY LOSS OR DAMAGE RESULTING FROM CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, LINKED WEBSITES, OR MOBILE APPLICATIONS, OR IN ANY BANNER OR OTHER ADVERTISING. WE ARE NOT RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY PURCHASE OF PRODUCTS OR SERVICES IN ANY SETTING, PLEASE USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE NECESSARY.
22. LIMITATIONS OF LIABILITY
WE AND OUR DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FORM OF ACTION, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM WILL ALWAYS BE LIMITED TO THE LESSER OF THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE CLAIM OR $10,000.00 USD
SOME STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us—and our subsidiaries, affiliates, and respective officers, agents, partners, and employees—harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, asserted by any third party due to or arising from: (1) your Contributions; (2) your use of the Services; (3) any breach of these Legal Terms; (4) any breach of your representations and warranties in these Legal Terms; (5) your violation of a third party's rights, including intellectual property rights; or (6) any harmful act toward another user of the Services with whom you connected via the Services.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, in our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification as soon as we become aware of it.
24. USER DATA
We retain certain data you transmit to the Services to help manage their performance, as well as data related to your use of the Services. While we conduct routine data backups, you are solely responsible for all data you transmit or that relates to activities conducted through the Services. You agree that we are not liable for any loss or corruption of this data, and you waive any right to take action against us for such loss or corruption.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting our Services, sending emails to us, and completing online forms, you engage in electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically—whether via email or on the Services—satisfy any legal requirement for written communication.
YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES.
You waive any rights or requirements under laws or regulations in any jurisdiction that mandate original signatures, non-electronic record retention, or non-electronic methods for payments or credits.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
27. RIGHT TO TERMINATE ACCOUNT
We reserve the right to terminate your account without notice and without specific cause.
28. HOLD HARMLESS
Flowbot Forge is designed to perform sales, marketing and customer support activities and communicate with individuals on your behalf. While it strives to generate accurate and relevant responses, we cannot guarantee the information’s accuracy, reliability, or completeness in outbound emails or messages.
Please note that Flowbot Forge is powered by machine learning and does not have independent beliefs or opinions. Occasionally, it may generate inaccurate or undesirable responses ("hallucinations"). By using Flowbot Forge, you acknowledge and agree to the following:
No Liability for Flowbot Communications: We are not responsible for any statements, claims, or representations made by Flowbot Forge in outbound emails or messages.
Independent Verification: Any information provided by Flowbot Forge should be independently verified for accuracy.
Generated Content Disclaimer: All language used by Flowbot Forge is based on patterns in its training data and does not reflect our company’s views or opinions.
Responsibility for Content: You are responsible for reviewing and approving all Flowbot Forge content before it is sent. If the autopilot feature is enabled, you assume full responsibility for any messages sent by Flowbot Forge.
Indemnification: You agree to indemnify us from any claims, damages, or losses resulting from Flowbot Forge's communications, including claims of defamation, intellectual property infringement, or other legal issues.
By using Flowbot Forge, you expressly acknowledge and accept these limitations. We recommend carefully reviewing all generated communications to ensure they align with your intended message and comply with all applicable laws and regulations.
29. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Flowbot Forge, Inc.
2300 Washington Ln
Washington DC, 20018
United States