Great Innovations LLC Terms of Service

iFLO Terms of Service

These Terms of Service are issued by Great Innovations LLC and its subsidiaries and affiliates, including iFLO LLC (collectively, “iFLO”, “we”, “us”, or “our”). These Terms of Service govern your use of our website located at https://www.iflo.com, our iFLO mobile application, your purchases of iFLO products through the website, and any related services we provide (collectively, the “Services”). Other brands and websites owned and/or controlled by Great Innovations LLC and/or its subsidiaries and affiliates are governed by their own separate terms.

When you create an iFLO account, place an order, or use the Services, you agree to abide by these Terms of Service and to comply with all applicable laws, rules, and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the Services. By using the Services, you represent that you are at least 18 years of age, or the age of majority in your jurisdiction of residence, and legally able to enter into a contract.  You are also responsible for the account security in any account that you create with iFLO.

If you access or download iFLO from (1) the Apple App Store, you agree to any usage rules set forth in the App Store Terms of Service; and/or (2) any usage rules set forth in the Google Play Store, the Android, Google Inc. terms and Conditions including the Google Apps Terms of Service; and/or 3) any other platform you agree that you shall not modify, introduce malware, interference with service operations, reverse engineer, distribute, or use the website, the mobile application, and/or any relates services provided by iFLO  (hereinafter the “Usage Rules”).

We reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account.  Your continued use of the Services after the effective date of any updates to the Terms of Service constitutes your acceptance of the updated terms. If you do not agree to the updated terms, you must stop using the Services and may terminate your account.

Limitations of Use

By using the Services, you warrant on behalf of yourself, any individual and/or entity who you represent who is using any of the Services, that the individual and/or entity will not:

•      Modify, copy, prepare derivative works of, decompile, or reverse engineer the Services or any materials and software contained within the Services;

•      Remove any copyright or other proprietary notations from the Services or any materials and software contained within the Services;

•      Transfer the Services or any of their associated materials to another person or “mirror” the materials on any other server;

•      Knowingly or negligently use the Services in a way that abuses or disrupts our networks or any other service we provide;

•      Use the Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

•      Use the Services in violation of any applicable laws, rules, or regulations;

•      Use the Services in conjunction with sending unauthorized advertising or spam;

•      Harvest, collect, or gather user data without the user’s express and written consent;

•      Use any data mining, robots, or similar data gathering and extraction tools on the Services;

•      Use the Services in such a way that may infringe the privacy, intellectual property rights, and/or other rights of third parties; and

•      Sell, resell, or list our products on any third-party ecommerce site, marketplace, or mobile application without our specific written consent.

Orders, Pricing, and Payment

All orders placed through the website are subject to our acceptance. We reserve the right to refuse service, cancel orders, limit quantities, or terminate accounts at our sole discretion, including, but not limited to, suspected fraudulent activity or violations of these Terms of Service. You may be charged applicable taxes based on your location.

We accept major payment methods as displayed at checkout. For your convenience, we may save your payment information. Where permitted by applicable law, you agree that we and our payment service providers may receive updated card information (such as new card numbers and expiration dates) from your card issuer and use it to process payments for your future purchases and subscriptions. If you wish to opt out of your card issuer’s updating service, contact your card issuer. If your payment method is declined, we may attempt to process the charge again until the transaction is approved. If your card issuer reverses a charge, we may bill your account directly and seek payment by another method.

In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged and your order is canceled, we will promptly issue a credit in the amount of the charge.

Risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Gift cards, if offered, are subject to the terms presented at the time of purchase and cannot be redeemed for cash except where required by law.

Shipping and Returns

Shipping methods, costs, timelines, and any free shipping thresholds or promotions are as displayed on the website and at checkout at the time of your order, and are further described in our shipping policy which is available on the website. Returns, exchanges, and refunds are governed by our refund policy, available on the website.  Both policies which are available on the website, https://iflo.com, are incorporated into these Terms of Service by reference.

Subscriptions and Automatic Renewal

We offer optional subscription programs for certain products, such as recurring cartridge refill deliveries. By enrolling in a subscription program, you authorize us to automatically charge the payment method on file at the frequency you select at checkout, at the then-current subscription price plus applicable taxes and shipping, on a recurring basis until you cancel.

The subscription price, billing frequency, and any promotional discount terms are disclosed at checkout before you enroll. YOUR SUBSCRIPTION WILL CONTINUE AND AUTOMATICALLY RENEW UNTIL YOU CANCEL.

You may cancel your subscription at any time, and cancellation is effective for any renewal order that has not yet been processed. To cancel, use the “manage subscription” page in your account on the website, or call Customer Support at 1-844-600-1370 (Monday through Friday, 8:30 AM to 5:00 PM Eastern). We reserve the right to change subscription prices or discontinue subscription programs at our sole discretion upon notice to you, effective for subsequent renewal periods.

Product Warranty

iFLO products come with a one (1) year limited warranty against manufacturing defects and to perform as advertised and instructed on the package, as further described in the “warranty page” on our website at https://iflo.com. Use and application of the product must conform to product instructions. Your sole and exclusive remedy, and our sole liability, under this product warranty shall not exceed the replacement cost of the product. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Intellectual Property

The Services, including without limitation the website, mobile applications, software, source code, object code, algorithms, user interfaces, technology, databases, functionality, designs, text, graphics, logos, trademarks, service marks, trade names, audiovisual content, documentation, reports, compilations, data, arrangements, selections, and all enhancements, updates, modifications, derivative works, and improvements thereto (collectively, the "Company IP"), are owned by, licensed to, or otherwise controlled by iFlo and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws throughout the world.

Subject to your continued compliance with these Terms, iFlo grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal, lawful, and non-commercial purposes. No right, title, or interest in or to the Services or any Company IP is transferred to you, and all rights not expressly granted herein are reserved by iFlo and its licensors.

Except as expressly authorized in writing by iFlo, you shall not, and shall not permit any third party to:

(a) copy, reproduce, distribute, publicly perform, publicly display, publish, modify, adapt, translate, create derivative works from, or exploit the Services or any Company IP;

(b) sell, license, sublicense, lease, rent, assign, transfer, disclose, or otherwise make available the Services or any Company IP to any third party;

(c) reverse engineer, decompile, disassemble, decode, attempt to derive source code from, or otherwise discover the structure, sequence, organization, or underlying technology of the Services, except to the extent such restriction is prohibited by applicable law.

(d) access or use the Services to build, benchmark, train, improve, develop, or support a competing product or service, or for purposes of competitive analysis;

(e) use any robot, scraper, spider, crawler, data mining tool, automated process, artificial intelligence system, machine learning model, or similar technology to access, collect, extract, reproduce, index, store, or exploit any portion of the Services or Company IP without iFlo's prior written consent;

(f) remove, obscure, alter, or circumvent any copyright, trademark, patent, proprietary rights notices, security features, technological protection measures, or access controls incorporated into the Services; and/or

(g) use the Services or Company IP in any manner that infringes, misappropriates, or otherwise violates the intellectual property or proprietary rights of iFlo or any third party.

All trademarks, service marks, logos, brand features, trade dress, and trade names displayed through the Services are the exclusive property of iFlo or their respective owners. Nothing in these Terms grants you any right or license to use any trademark, logo, trade name, domain name, or other brand identifier of iFlo without iFlo's prior written consent.

To the extent you provide any suggestions, ideas, comments, feedback, recommendations, enhancement requests, or other submissions relating to the Services ("Feedback"), you hereby irrevocably assign to iFlo all right, title, and interest in and to such Feedback and waive any moral rights therein to the fullest extent permitted by applicable law. iFlo shall be entitled to use, commercialize, disclose, reproduce, modify, license, distribute, and otherwise exploit Feedback for any purpose without restriction, attribution, or compensation to you.

You acknowledge and agree that any unauthorized use of the Services or Company IP may cause irreparable harm to iFlo for which monetary damages may be inadequate. Accordingly, iFlo shall be entitled to seek injunctive relief, specific performance, and any other equitable remedies available at law or in equity, in addition to any other rights and remedies available.

The license granted under these Terms automatically terminates upon your violation of these Terms or upon termination of your access to the Services for any reason. Upon termination, you must immediately cease all use of the Services and destroy any copies of Company IP in your possession or control.

User-Generated Content      

The Services may allow users to submit, upload, post, publish, transmit, display, communicate, or otherwise provide content, including but not limited to text, comments, reviews, feedback, images, photographs, videos, audio recordings, messages, suggestions, ideas, data, information, and other materials (collectively, "User Content").

By submitting, uploading, posting, or otherwise providing any User Content through the Services, you irrevocably and unconditionally assign, transfer, and convey to iFlo, without additional consideration, all worldwide right, title, and interest in and to such User Content, including all copyrights, neighboring rights, database rights, trade secret rights, and any other intellectual property or proprietary rights therein, whether now known or hereafter arising, for the full duration of such rights and any renewals and extensions thereof.

To the extent any rights in User Content cannot be assigned under applicable law, you hereby grant iFlo an exclusive, perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, distribute, publicly perform, publicly display, create derivative works from, commercialize, exploit, and otherwise use such User Content in any manner and for any purpose, including advertising, marketing, product development, training, research, analytics, and promotional purposes, in any media now known or later developed.

You represent and warrant that: (a) you own or otherwise control all rights necessary to submit the User Content and to grant the rights set forth in these Terms; (b) the User Content does not infringe, misappropriate, or violate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and (c) the User Content complies with all applicable laws and these Terms.

To the fullest extent permitted by applicable law, you waive and agree never to assert against iFlo its affiliates, successors, assigns, licensees, and service providers any moral rights, rights of attribution, rights of integrity, publicity rights, or similar rights relating to the User Content.

iFlo shall have no obligation to maintain, display, compensate you for, attribute authorship to you for, or return any User Content. iFlo may, but is not obligated to, monitor, review, edit, remove, refuse to publish, or delete User Content at any time and for any reason in its sole discretion.

You acknowledge and agree that User Content may be used by iFlo without notice, approval, compensation, or accounting to you and that iFlo shall be the sole and exclusive owner of all User Content submitted through the Services and all derivative works, modifications, compilations, and other materials created from or incorporating such User Content.

SMS/Texting & Email Marketing

By creating an account, making a purchase, subscribing to a newsletter, joining any messaging program, entering a promotion, requesting information, submitting a form, providing your telephone number or email address, or otherwise interacting with the Services, you expressly consent to receive communications from iFLO, its affiliates, subsidiaries, successors, assigns, marketing partners, and service providers (collectively, the "Company Parties"), including communications sent by email, telephone, and SMS/text message.

Such communications may include transactional, operational, informational, and marketing messages relating to your account, purchases, subscriptions, product updates, warranties, shipping notifications, customer support, service announcements, promotional offers, discounts, special events, product recommendations, abandoned cart reminders, surveys, educational content, and other information that iFLO believes may be of interest to you.

You expressly authorize iFLO and the Company Parties to send marketing and promotional text messages using automated technology, including an automatic telephone dialing system or other automated means, where permitted by applicable law. Your consent to receive marketing communications is not a condition of purchasing any goods or services unless expressly stated otherwise.

By enrolling in any SMS or text messaging program, you represent and warrant that you are the authorized subscriber or customary user of the mobile number provided and that you have authority to consent to receive communications at that number. You agree to promptly notify iFLO of any changes to your contact information.

Message frequency may vary. Message and data rates may apply according to your mobile carrier plan. Not all mobile devices, carriers, or geographic areas may support the SMS program, and message delivery is subject to effective transmission by your mobile carrier and third-party service providers. iFLO does not guarantee the availability, delivery, timing, or accuracy of text messages and shall not be liable for delayed, misdirected, failed, incomplete, or undelivered communications.

You may opt out of receiving marketing emails at any time by using the unsubscribe mechanism contained in the email or by contacting us using the information provided on the Services. You may opt out of receiving marketing SMS messages by replying STOP to any marketing text message. Upon opting out, you may receive a final confirmation message confirming your unsubscribe request.

Your election to opt out of marketing communications will not prevent iFLO from sending communications that are necessary to administer or fulfill transactions with you, provide customer support, enforce these Terms, comply with legal obligations, protect our rights, or otherwise communicate regarding your account, purchases, subscriptions, warranties, recalls, product safety information, security alerts, service updates, billing matters, or other non-marketing purposes.

You acknowledge and agree that consent provided under this section applies even if your telephone number appears on any federal, state, provincial, or similar do-not-call registry to the maximum extent permitted by applicable law.

iFLO reserves the right to modify, suspend, or terminate any email or SMS messaging program at any time, with or without notice. Eligibility for participation in any messaging program is void where prohibited by law.

You agree to indemnify, defend, and hold harmless iFLO and the Company Parties from and against any claims, liabilities, damages, losses, costs, and expenses arising out of or related to your provision of a telephone number or email address that you are not authorized to use, your failure to update your contact information, or your violation of any applicable telemarketing, privacy, or communications laws.

By providing your contact information and using the Services, you acknowledge that you have read and agree to this SMS, Text Message, and Email Marketing section and consent to the communications described herein to the fullest extent permitted by applicable law.

Automatic Updates

You give us permission to download and install updates to the iFLO app on your device in accordance with our Privacy Policy. This permission can be revoked at any time by deleting the app from your device.

Informational Content Disclaimer

The materials appearing in the Services, including educational content regarding heating, ventilation and air conditioning (“HVAC”), drain, septic, and indoor air quality topics, are not comprehensive and are for general information purposes only. They are not intended to be, and must not be taken as, medical or other licensed professional advice. Always seek the advice of a qualified professional with any questions you may have regarding a medical condition or the condition of your home systems. To the extent permitted by law, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in the Services, or otherwise relating to such materials or on any resources linked to the Services.

 

 

Liability

Products sold through the website https://iflo.com must be used strictly in accordance with all instructions, warnings, labels, safety data sheets (SDS), and applicable laws and regulations. Customer assumes all risks associated with the handling, storage, use, misuse, or disposal of any product purchased using the Services. We shall not be liable for damages arising from improper installation, improper application, misuse, modification, neglect, or failure to follow product instructions.

Any information provided through the Services, including product descriptions, recommendations, guides, FAQs, blog articles, videos, or customer service communications, is provided for general informational purposes only and does not constitute professional engineering, HVAC, plumbing, septic, environmental, electrical, building, or maintenance advice. Customers should consult qualified professionals regarding their specific circumstances before using any product.

In no event shall iFLO or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Services or the materials in the Services, even if iFLO or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

Certain products may contain chemical substances that require careful handling, storage, transportation, and use. Customers are solely responsible for reviewing and complying with all product labels, SDS, instructions, and applicable laws. Company shall not be liable for injuries, damages, environmental contamination, regulatory violations, or losses resulting from the handling or use of such products.

Product performance may vary based on numerous factors beyond our control, including system condition, maintenance history, installation quality, environmental conditions, water quality, usage patterns, and other variables. We do not guarantee specific results, performance outcomes, cost savings, efficiency improvements, or problem resolution.

Customer is solely responsible for determining whether a product is compatible with any HVAC equipment, plumbing system, septic system, appliance, material, component, or application. We make no representation or warranty regarding compatibility unless expressly stated in writing.

Customer acknowledges that use of certain products may involve inherent risks, including risks of personal injury, property damage, equipment damage, environmental harm, or regulatory compliance obligations. By purchasing or using the products, customer voluntarily assumes all such risks.

Customer is solely responsible for determining and complying with all applicable federal, state, local, environmental, health, safety, building, plumbing, electrical, septic, and HVAC laws, codes, regulations, permits, and licensing requirements relating to the purchase, installation, storage, transportation, and use of products.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PRODUCTS, SERVICES, CONTENT, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, PERFORMANCE, ACCURACY, OR RESULTS TO BE ACHIEVED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, PROPERTY DAMAGE, LOSS OF DATA, PERSONAL INJURY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCTS OR THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF IFLO AND ITS SUPPLIERS, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Indemnification

You agree to defend, indemnify, and hold harmless iFLO and its officers, directors, members, employees, contractors, agents, licensors, suppliers, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your violation of these Terms of Service; (c) your violation of any applicable law or regulation; (d) any content you submit, post, or transmit through the Services; or (e) your violation of any rights of a third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

Links

We have not reviewed all of the sites linked to the Services and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by us of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.  To the extent that the Services integrate with any third party services, iFLO is not responsible for the operation and/or the availability of such third party services. 

Notice Regarding Apple

To the extent that you are using or accessing the iFLO app on an electronic device that runs Apple’s iOS operating system, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and iFLO only, not with Apple Inc. (Apple), and Apple is not responsible for the iFLO app and any materials available in the app.

Apple has no obligation to furnish you with any maintenance and support services with respect to the app.

If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to the app or your use of the app, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using the app, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to an embargo by the U.S. government, or that has been designated by the U.S. government as a ‘terrorist supporting’ country; and (2) you are not listed on any U.S. government list of prohibited or restricted parties.

Right to Terminate

We may suspend or terminate your iFLO account and right to use the Services and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Dispute Resolution; Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, PARTICIPATE IN A CLASS ACTION, AND HAVE A JUDGE OR JURY HEAR YOUR CLAIMS.

Informal resolution first. You and iFLO agree that good-faith informal efforts to resolve disputes often result in a quicker and less costly resolution. Therefore, before either party may commence arbitration or institute any legal proceeding (except as expressly permitted below), the party asserting a dispute must first provide a written notice of dispute ("Notice of Dispute") to the other party.

The Notice must include:

• The claimant's full name;
• Mailing address;
• Email address and telephone number;
• A detailed description of the facts giving rise to the dispute;
• The legal basis of the claims asserted;
• The specific relief sought, including a good-faith calculation of any monetary damages claimed; and
• The claimant's personal signature.

 

Any Notice to iFLO must be mailed to:

Notice of Dispute

Great Innovations LLC

2301 SW 145th Ave.

Miramar, FL 33027

or emailed to:

info@iflo.com

The parties shall engage in a good-faith effort to resolve the dispute for at least sixty (60) days following receipt of a compliant Notice. Neither party may commence arbitration until this process has been completed.

Compliance with this informal dispute resolution process is a condition precedent to arbitration. A court shall have authority to enforce this requirement, including staying or dismissing an arbitration that is initiated without first satisfying this provision.

Agreement to arbitrate. Except for disputes expressly excluded below, you and iFLO agree that any dispute, claim, controversy, or cause of action arising out of or relating in any way to:

• These Terms;
• The website found at https://iflo.com ;
• Any products or services offered through the website;
• Any purchase, subscription, transaction, renewal, cancellation, refund, or billing issue;
• Any advertising, marketing, promotion, or representations;
• Any communications between you and iFLO, including emails, calls, or text messages;
• Privacy, data collection, or data security practices; or
• Any relationship between you and iFLO,

whether arising under contract, tort, statute, fraud, negligence, misrepresentation, unjust enrichment, consumer protection laws, common law, equitable theories, or any other legal theory, shall be resolved exclusively through final and binding arbitration.

This agreement applies to claims that arose before, during, or after your use of the website and survives termination of your relationship with iFLO.

For purposes of this Section, "iFLO" includes Great Innovations LLC, its parent companies, subsidiaries, affiliates, predecessors, successors, assigns, officers, directors, members, managers, employees, agents, representatives, service providers, and licensors.

Governing Law.  This arbitration agreement is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16.  The arbitrator, and not any court or agency, shall have exclusive authority to resolve any dispute regarding:

• The interpretation of this arbitration agreement;
• The applicability of this arbitration agreement;
• The formation of this arbitration agreement;
• Arbitrability of any claim;
• Enforceability, unconscionability, or validity of this arbitration agreement; and
• Whether all or any portion of this agreement is void or voidable.

This delegation provision shall be enforced to the fullest extent permitted by law.

 

Arbitration procedures. Arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules and any applicable Mass Arbitration Rules then in effect, except to the extent modified herein.

The arbitration shall be conducted before a single neutral arbitrator.

At the election of the consumer, arbitration may be conducted:

• Remotely by videoconference;
• By telephone;
• Through written submissions if permitted by AAA rules; or
• Through an in-person hearing in the county of the consumer's residence or Broward County, Florida.

 

The arbitrator may award any individual remedy available under applicable law but may not award relief on behalf of any person who is not a party to the arbitration.

The arbitrator shall issue a written, reasoned decision explaining the essential findings and conclusions supporting any award.

Judgment upon the arbitration award may be entered in any court of competent jurisdiction.

 

Arbitration fees.  For consumer claims seeking $75,000 or less and pursued in compliance with this Section, iFLO will pay all AAA filing fees, administrative fees, and arbitrator compensation required under applicable AAA consumer procedures.

However, if the arbitrator determines that a claim is frivolous, fraudulent, brought in bad faith, or asserted for an improper purpose, fee allocation shall be governed by applicable law and AAA rules.

For claims exceeding $75,000, fees shall be allocated under AAA rules unless otherwise required by law.

 

Exceptions.  The following claims are exempt from arbitration:

• Individual actions properly brought in small claims court;
• Claims seeking temporary, preliminary, or permanent injunctive relief relating to intellectual property rights;
• Claims for trademark infringement;
• Claims for copyright infringement;
• Claims for patent infringement;
• Claims involving misappropriation of trade secrets; and
• Any claim that applicable law expressly prohibits from mandatory arbitration.

 

Nothing in this agreement prevents either party from reporting concerns to federal, state, or local government agencies.

 

Class action waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND iFLO WAIVE ANY RIGHT TO PARTICIPATE IN:

• A CLASS ACTION;
• A COLLECTIVE ACTION;
• A REPRESENTATIVE ACTION;
• A PRIVATE ATTORNEY GENERAL ACTION;
• A MASS ACTION; OR
• ANY OTHER PROCEEDING IN WHICH A PARTY ACTS IN A REPRESENTATIVE CAPACITY.

 

Claims may only be brought and maintained on an individual basis.

The arbitrator may not:

• Consolidate claims;
• Join claims of different parties;
• Preside over a class proceeding;
• Preside over a representative proceeding; or
• Award relief benefiting persons who are not parties to the arbitration.

 

If this waiver is found unenforceable as to a particular claim, only that claim shall proceed in a court of competent jurisdiction, and all remaining claims shall remain subject to arbitration.

Mass filings and batching. If twenty-five (25) or more substantially similar arbitration demands are filed against iFLO by the same law firm, coordinated law firms, or organizations acting in concert, the claims shall be deemed a "Mass Arbitration."

Each claimant must:

• Submit a separate Notice of Dispute;
• Personally sign the Notice;
• Personally authorize any arbitration filing;
• Independently satisfy the informal resolution process.

 

The parties agree that:

• No claimant may proceed as part of a consolidated filing;
• Administrative efficiencies shall not alter the individual nature of each claim; and
• AAA Mass Arbitration Rules shall apply where applicable.

 

The parties shall utilize a staged bellwether process consisting of:

• Ten (10) arbitrations selected by claimants;
• Ten (10) arbitrations selected by iFLO;
• Mediation following completion of those proceedings; and
• Subsequent batches if disputes remain unresolved.

 

Limitations periods shall be tolled while claims are stayed pursuant to this process.

 

Waiver of jury trial. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND IFLO KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Opt-out right. You may opt out of this arbitration agreement and class action waiver by sending written notice to info@iflo.com, or by mail to the Notice address above, within thirty (30) days of the date you first accept these Terms of Service, stating your name, the email address associated with your account, and your intent to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, without regard to choice of law provisions. Subject to the section above titled Dispute Resolution, any dispute that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Broward County, Florida, and you irrevocably submit to the exclusive jurisdiction of those courts.

Confidentiality

In connection with your use of the website, products, or services, you may receive, access, or become aware of certain non-public, confidential, or proprietary information belonging to iFLO ("Confidential Information"). Confidential Information includes, without limitation:

• Business plans, strategies, and operations;
• Pricing, marketing, sales, and financial information;
• Product designs, software, source code, algorithms, and technical information;
• Trade secrets and know-how;
• Non-public policies, procedures, and security measures;
• Customer, supplier, and business partner information;
• The existence, content, and outcome of any dispute, claim, settlement discussions, mediation, or arbitration involving iFLO; and
• Any information that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.

Confidential Information does not include information that: (a) becomes publicly available through no breach of these Terms by you; (b) was lawfully known to you without restriction before disclosure by iFLO; or (c) is lawfully obtained by you from an independent third party without a duty of confidentiality.

You agree to:

• Maintain the confidentiality of all Confidential Information;
• Use Confidential Information solely as necessary to access and use the Website and services for their intended purpose;
• Not disclose, publish, distribute, post, transmit, or otherwise make Confidential Information available to any third party without iFLO's prior written consent; and
• Take reasonable measures to protect Confidential Information from unauthorized access, use, or disclosure.

Without limiting the foregoing, you shall not:

• Publicly disclose any non-public information regarding iFLO's business practices, operations, pricing, technology, security measures, vendors, suppliers, personnel, or customers;
• Publish, post, or disseminate confidential communications with iFLO;
• Record, distribute, or disclose any confidential business information obtained through the Website;
• Publicly discuss, post, or disclose the substance of any dispute, investigation, settlement negotiation, mediation, arbitration, or legal proceeding involving iFLO, except as required by law.

You acknowledge and agree that iFLO may disclose information relating to your account, use of the Website, transactions, communications, or interactions with iFLO as reasonably necessary to:

• Operate and improve the Website and services;
• Provide customer support;
• Protect the rights, property, safety, and interests of iFLO or others;
• Investigate potential violations of these Terms;
• Comply with legal obligations, court orders, subpoenas, governmental requests, or regulatory requirements; or
• Enforce these Terms or defend against legal claims.

All Confidential Information remains the sole and exclusive property of iFLO. Nothing in these Terms grants you any ownership, license, or other rights in Confidential Information except as expressly necessary to use the Website and services as authorized.

You acknowledge that any unauthorized use or disclosure of Confidential Information may cause irreparable harm to iFLO for which monetary damages may be inadequate. Accordingly, iFLO shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, and any other equitable remedies, in addition to any other rights or remedies available at law or in equity, without the necessity of posting any bond.

 

Your confidentiality obligations under this Section shall survive termination of your account, these Terms, and your use of the website indefinitely, or for the maximum period permitted by applicable law.

 

FORCE MAJEURE

iFLO shall not be liable for any delay, interruption, suspension, deficiency, degradation, outage, error, failure to perform, or inability to provide the Website, products, services, or any portion thereof resulting from any cause beyond its reasonable control, whether foreseeable or unforeseeable, including but not limited to:

(a) acts of God, natural disasters, hurricanes, floods, earthquakes, tornadoes, fires, pandemics, epidemics, public health emergencies, or other natural events;

(b) acts of war, terrorism, cyberterrorism, sabotage, civil unrest, riots, labor disputes, strikes, lockouts, or governmental actions;

(c) interruptions, failures, delays, or malfunctions involving telecommunications networks, internet service providers, hosting providers, cloud service providers, data centers, utility providers, payment processors, domain registrars, software providers, vendors, contractors, or other third parties;

(d) power outages, utility failures, transportation disruptions, supply chain interruptions, shortages of labor, materials, equipment, or services;

(e) cyberattacks, denial-of-service attacks, ransomware attacks, hacking attempts, malware, security breaches, system intrusions, data corruption, or other technological incidents;

(f) software errors, hardware failures, system maintenance, upgrades, updates, or unexpected technical problems; and

(g) any other event, circumstance, or condition beyond iFLO's reasonable control.

During the existence of a Force Majeure Event, iFLO may suspend, limit, modify, or discontinue all or any portion of the website, products, or services without liability. iFLO shall have no obligation to provide refunds, credits, compensation, damages, or other relief arising from any Force Majeure Event. 

iFLO's obligations affected by a Force Majeure Event shall be suspended for the duration of the event and for a reasonable period thereafter to allow for recovery and restoration of operations. iFLO may take any actions it deems reasonably necessary to prevent, mitigate, respond to, or recover from a Force Majeure Event.

Nothing in these Terms shall require iFLO to settle any labor dispute, institute alternative business operations, obtain substitute services, or incur expenses that iFLO determines, in its sole discretion, to be unreasonable in order to avoid or overcome a Force Majeure Event.

To the fullest extent permitted by applicable law, a Force Majeure Event shall not constitute a breach of these terms and shall not give rise to any right of termination, refund, chargeback, setoff, damages, or other claim against iFLO.

Assignment; No Transfer by User

You may not assign, transfer, delegate, sell, pledge, or otherwise dispose of any rights, obligations, claims, or interests arising under these Terms without the prior written consent of iFLO. Any attempted assignment or transfer shall be void ab initio and shall confer no rights upon any purported assignee. 

iFLO may, at any time and in its sole discretion, assign or transfer any or all of its rights and obligations under these Terms without notice, consent, or approval from you. These Terms shall be binding upon and benefit the parties and their respective permitted successors and assigns.

Entire Agreement

These terms, together with any policies, disclosures, notices, and other agreements expressly incorporated by reference, constitute the entire agreement between you and iFLO regarding your access to and use of the Website, products, and services, and supersede all prior or contemporaneous communications, representations, understandings, negotiations, and agreements, whether oral or written, relating thereto.

No Construction Against Drafter

This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Terms of Service agreement or any portion thereof to be drafted. Each party waives any statute, rule, or common law doctrine requiring that an ambiguity in a contract be construed against the drafter.

Contact Us

Great Innovations LLC

2301 SW 145th Ave.

Miramar, FL 33027

Phone: 1-844-600-1370 (Monday through Friday, 8:30 AM to 5:00 PM Eastern)

Email: info@iflo.com