FloatGroup Terms and Conditions

Acceptance of Agreement

This Agreement is between you and FloatCare, Inc.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND TO EVERY TERM AND CONDITION SET FORTH IN THIS AGREEMENT, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE ACCESS AND BROWSE IT FURTHER.

Except as otherwise noted, this Agreement makes up the entire and only Agreement between you and FloatCare, Inc. and supersedes all other agreements, representations, warranties, and understandings about our Website, Products, and the subject matter of this Agreement. However, for you to use our Website and Products, you may also be required to agree to additional terms and conditions. Those additional terms and conditions, including those outlined in the Privacy Policy and Patient Acknowledgement (if applicable), will be incorporated into this Agreement unless otherwise stated.

Disclosure of Protected Health Information

If you provide us your protected health information or authorize us to obtain your protected health information, your protected health information is subject to electronic disclosure by us to your attorney and entities designated by your attorney, healthcare providers or other entities involved in your care or that may be involved in your care, our vendors, contractors, or affiliates that provide services to or for us, and other entities as we determine reasonable or necessary. We will not disclose your protected health information to any other entity in exchange for direct or indirect remuneration.

Privacy Notice

Our Privacy Notice is considered part of this Agreement and is available on this Website. You must review our Privacy Notice before using the websites or any of the contained services. If you do not accept and agree to be bound by all the terms of this Agreement, including FloatCare, Inc. Privacy Notice, do not use this Website.

Arbitration

With the exception of an action by us to collect a debt, any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination, or validity thereof, shall be finally resolved by arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the entire agreement to arbitrate will be null and void. The arbitration shall be conducted before a single arbitrator and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.   The arbitration shall be conducted in Houston, Harris County, Texas. Nothing contained herein, shall preclude either party from applying to a court of competent jurisdiction for temporary or preliminary injunctive relief in aid of arbitration or for the maintenance of the status quo pending the appointment of the arbitrator. Application for temporary or preliminary injunctive relief shall not constitute a waiver of either party’s right to arbitration as provided for in this Agreement, and that, where such dispute is covered by this Agreement, any hearing on the merits in such dispute shall be conducted in arbitration pursuant to and in accordance with this Agreement. Each party will bear half the arbitration fees and costs.

Choice of Law, Jurisdiction & Limitations

This Agreement will be treated as if it were executed and performed in solely in Harris County, Texas and will be governed by and construed following the laws of the state of Texas without regard to conflict of law provisions. Also, you agree to submit to the personal jurisdiction and venue of such courts for the purposes of temporary or preliminary injunctive relief or to compel arbitration. You must file any action or claim arising out of or relating to, directly or indirectly, this Agreement no later than one (1) year after the action or claim has accrued. You waive the right to file any claim or action arising out of or relating to, directly or indirectly, this Agreement arising, under any longer statute of limitations. This waiver includes, but is not limited to, any claim or action concerning or relating to our Website or Products. Failure to file your claim or action within this one (1) year period shall result in a waiver of same and such claim or action shall be barred forever.

Limited License

FloatCare, Inc. grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Products strictly under this Agreement. Your use of our Website and Products is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Products may be used by you in any litigation or arbitration matter at all under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations about your use of our Website, Content, and Products, and any software provided within.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and FloatCare, Inc.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Products does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of FloatCare, Inc..

Our Content, as found within our Website and Products, is protected under the United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Products does not grant you any ownership rights to our Content.

Errors, Corrections, and Changes

We do not represent or otherwise warrant that our Website and Products will be error-free or free from viruses or other harmful components. We do not represent or warrant the information available on or through our Website and Products will be correct, accurate, timely, or reliable. We reserve the right at our sole discretion to change any Content, software, and other items used or contained in our Website or Products at any time without notice.

Third Parties

At times, our Website may publish content supplied by third parties, Users, advertisers, merchants, and sponsors. FloatCare, Inc. has little or no editorial control over such Content. Any opinions or other information or Content expressed or made available by third parties, including information providers, Users, or any other User of our Website, are those of the respective author(s) and not of FloatCare, Inc.. FloatCare, Inc. does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any Content provided by any third parties.

You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered between you and the merchants. You agree that the use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy notices and policies), and operating procedures of merchants will apply to you while on any merchant website.

Warranty Disclaimer & Limitation of Liability

Our Website or Products may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.

FloatCare, Inc. is not responsible for any technical problem or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or any failure of email because of technical problems or traffic congestion on the Internet, or any combination–including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software–related to or resulting from the use or downloading of materials in connection with our Website or Products, including, without limitation, any software provided through our Website or Products.

UNDER NO CIRCUMSTANCES WILL FLOATCARE, INC. BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE, PERSONAL INJURY, OR DEATH RESULTING FROM ANYONE’S USE OF OUR WEBSITE OR PRODUCTS, OR ANY INTERACTIONS BETWEEN USERS OF OUR WEBSITE OR PRODUCTS, WHETHER ONLINE OR OFFLINE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, OR SUPPLIER, DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, RECOMMENDATION, OR ANY AFFILIATION WITH OUR WEBSITE BY THIRD PARTIES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED BY OUR PRODUCTS.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED AS-IS, AS AVAILABLE, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

FLOATCARE, INC., INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY AT ALL FOR YOUR USE OF OUR WEBSITE OR PRODUCTS. FLOATCARE, INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. FLOATCARE, INC. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PRODUCTS, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR PRODUCTS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF IT AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT.

IN NO EVENT SHALL FLOATCARE, INC.  OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, PRODUCTS, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR PRODUCTS, EVEN IF FLOATCARE, INC.  IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE ANYTHING TO THE CONTRARY HERE, FLOATCARE, INC. ’S LIABILITY TO YOU FOR ANY CAUSE AT ALL, AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF OUR WEBSITE AND/OR PRODUCTS ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP BEFORE THE EVENT RESULTING IN LIABILITY.

IN NO EVENT SHALL FLOATCARE, INC. BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT OUR WEBSITE AND PRODUCTS WOULD NOT BE PROVIDED WITHOUT THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR PRODUCTS WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

As a User, you agree not to use our Website or Products to do any of the following:

Upload, post, or transmit any Member Content that:

1. Violates any local, state, federal, or international laws.

2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, racially, ethically, or otherwise objectionable.

4. Links directly or indirectly to any materials to which you do not have a right to link.

5. Contains, without authorization, any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.

6. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or extract information from our Website or Products.

7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

8. In the sole judgment of FloatCare, Inc. is objectionable or restricts or inhibits any other person from using or enjoying our Website or Products, or which may expose FloatCare, Inc., our affiliates, or our Users to any harm or liability of any type.

Use our Content to:

1. Develop a competing website.

2. Create compilations or derivative works as defined under United States copyright laws.

3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

4. Decompile, disassemble, or reverse engineer our Website, Products, and any related software.

5. Use our Website or Products in any manner that violates this Agreement or any local, state, federal, or international laws.

1. Violates any local, state, federal, or international laws.

Use of Information

You grant FloatCare, Inc. a license to use the information and materials you post on our Website. By posting, displaying, transmitting, performing, or distributing information or other content (“Member Content”) to our Website, you are granting FloatCare, Inc., its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Products, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we judge appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Linking to Our Website

You may provide links to our Website if (a) you do not remove or obscure any portion of our Website by framing, (b) your website does not engage in illegal or pornographic activities, and (c) you stop providing links to our Website immediately on our request.

Links to Other Websites

Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
FloatCare, Inc. has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk.

Payments

You represent and warrant that if you are buying something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur because of the dishonored payment.

Refund Policy

We do not offer refunds for your paid term. If you are on a monthly plan, as soon as you are charged for the current month and cancel your plan, your cancellation will take effect after the month ends. If you pay for a yearly plan and cancel your plan, the cancellation will become effective after the year ends.

Termination of Membership or User Privileges

Your membership or User privileges with us are effective until terminated by you or us. Your rights under this Agreement will terminate without our notice if you fail to comply with any terms of this Agreement. On termination, you will stop representing yourself as a Member or User. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Products.

User Conduct and Acceptable Use Policy

Users must refrain from attempting to bypass security measures, engaging in spamming, distributing harmful software, or using the service in a manner that could harm FloatCare, Inc.’s reputation, infrastructure, or operational capacity. Any such conduct will be considered a breach of this Agreement.

Data Collection and Use

We may collect various types of data, including personal information provided by you, as well as automatic data collection through cookies or similar technologies. Collected data may be used to improve our services, personalize your experience, and comply with legal requirements. For more details, please refer to our Privacy Notice.

Subscription and Payment Terms

Payments are due as agreed in your plan, whether monthly or yearly. Your subscription will renew automatically, unless canceled with 30 days notice. It is your responsibility to keep billing information up to date. We will notify you in advance of any changes to subscription fees.

Service Interruptions and Technical Support

We strive to maintain continuous service; however, service interruptions may occur due to maintenance or issues beyond our control. Technical support can be accessed via provided contact options, and we aim to resolve interruptions swiftly but cannot guarantee specific resolution times.

Force Majeure

FloatCare, Inc. is not liable for service interruptions or delays caused by circumstances beyond its control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics, pandemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages, or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the our reasonable control.

Severability and Survival

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.

Changes to Our Agreement

We reserve the right to change this Agreement at any time. We will post these changes on our Website. These changes will be effective 30 days after posting. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of this Agreement, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website and Products after any change to this Agreement and our telling you will constitute your acceptance of such change. If you do not agree with the changes to this Agreement, you can choose to discontinue the use of our Website and Products.

No Third-Party Beneficiaries

This Agreement benefits solely the Parties to this Agreement and their assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

Assignment

You shall not assign, transfer, delegate, or subcontract any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this provision shall be null and void. No assignment or delegation shall relieve the you of any of your obligations under this Agreement. FloatCare, Inc. may assign any of its rights or delegate any of its obligations to any affiliate or to any person acquiring all or substantially all of FloatCare, Inc.’s assets without your consent.