TERMS OF SERVICE

INFLOOENSE TERMS OF SERVICE

Inflooense, LLC ("Inflooense", "our", "we", "us") has created the world's first social influence mobile application, along with a "suite of technologies" with room for everyone. The Inflooense.com website, the Inflooense mobile app, e-commerce plugins, and other Inflooense software collectively make up the Inflooense Suite of Technologies ("SOT"). Your use of the Inflooense SOT is subject to the following terms and conditions. By accessing the SOT, you acknowledge that you have read and accept these terms and conditions.

CHILDREN

The Inflooense SOT is not intended for or directed to anyone under the age of 13. To register and create an account on the Inflooense SOT, you must be at least 13 years of age. Please also refer to our Privacy Policy regarding this notification.

ELECTRONIC COMMUNICATIONS

When you use the Inflooense SOT, you are communicating with us electronically, and you consent to receiving communications from us electronically. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In-app messages and push notifications are a part of the electronic communications.

MOBILE SERVICE CHARGES

By using the Inflooense App, you acknowledge and agree that standard carrier charges may apply and that depending on your wireless service plan, your wireless carrier may impose data and/or other charges when you use the Inflooense app, and that any and all such charges will solely be your responsibility.

CERTAIN DEFINITIONS

As used in these Terms (including our Privacy Policy), the following terms shall have the meanings set forth below:

  • "Retailer" or "Retail Owner" means any person or entity operating in the retail e-commerce industry. For the purposes of these Terms, a Retail Owner is deemed to also include anyone using our e-commerce plug-in.
  • "Retailer Owner Content" means all content on the Inflooense SOT that is provided by a Retail Owner, including a Retail Owner's profile description and associated photos, images and videos, and Retail Owner Marks (as defined below).
  • "Retail Owner Marks" means any and all names, marks, logos and other identifiers of Retail Owners.
  • "Inflooense Content" means all Inflooense-originated content on the Inflooense SOT, including, without limitation, graphics, artworks, buttons, icons, page and screen layout and look-and-feel designs, indexes, directories and listings. For the avoidance of doubt, Inflooense Content does not include Retail Owner Content or User Content.
  • "Inflooense Marks" means any and all names, marks, logos and other identifiers of Inflooense, including, without limitation, the "Inflooense" name and logo.
  • "Inflooense Software" means all Inflooense-owned software programs, applications, modules, APIs, search engines, and databases (including their source code and object code) that form part of the Inflooense SOT, including, without limitation, the Inflooense App.
  • "Inflooenser" means a user of the Inflooense app.
  • "Third Party Providers" means other online and mobile service providers whose products and services are used or relied upon by Inflooense for the operation of the Inflooense SOT, including, without limitation, Facebook, Instagram, and Twitter.
  • "User" means anyone that uses the Inflooense SOT, other than as a Retail Owner (including as an employee, agent or representative of a Retail Owner).
  • "User Content" means all content on the Inflooense SOT that is originated by Users, including User-posted profile descriptions, photos, images, messages, reviews, comments, and links.
  • "you" means anyone that uses the Inflooense SOT, whether as a Retail Owner (including as an employee, agent or representative of a Retail Owner) or as a User.
  • "your Content" means, as applicable, (i) your Retail Owner Content if you are a Retail Owner, or (ii) your User Content if you are a User.

RESERVATION OF RIGHTS

Inflooense reserves the right at any time and for any reason, with or without notice, and without liability to you, to: (i) modify, suspend or terminate the Inflooense SOT or any portion thereof; (ii) restrict, limit, suspend or terminate your access to the Inflooense SOT or any portion thereof; (iii) remove any or all of your Content from the Inflooense SOT; (iv) monitor your use of the Inflooense SOT to verify compliance with these Terms and/or any applicable law; (v) investigate any suspected or alleged misuse of the Inflooense SOT and cooperate with law enforcement in such investigation; and (vi) disclose information about your use of the Inflooense SOT in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order or subpoena.

ACCOUNT REGISTRATION

To use the Inflooense SOT, you must register and create an account on the Inflooense SOT by providing your name & email address. If you have an account with Facebook, you can also register on the Inflooense SOT using your Facebook account, provided that you allow us to access and import your profile (including your name, email address, and profile photo) from Facebook, as the case may be, to the Inflooense SOT. By registering, you represent and warrant that: (i) you are at least 13 years of age; (ii) all account registration and profile information you submit to us (or allow us to import from Facebook is your own information and is truthful and accurate; and (iii) your use of the Inflooense SOT does not violate any applicable law. Your account may be cancelled or terminated without warning if we have any reason to believe that you have misrepresented information or provided false information to us.

It is your responsibility to notify us of any changes of your account information, including your contact information. As an account holder, you are responsible for safeguarding your account access information and are responsible for all uses of your username and password. If you allow others to use your account, you are responsible for all their activities on your account.

PERMITTED USES

As a User, and subject to these Terms, you may use the Inflooense SOT and specifically the Inflooense app to:

(i) view Retail Owner Content and products that you purchased through our SOT and,

(ii) post User Content with INFL.SE Link for viewing by others.

As a User, you may be able to earn referral fees on the Inflooense SOT ("Inflooenser Earnings") from the photos and images posted by you, and other users that identify and promote specific Retailer's products that you, or they purchased. Inflooenser Earnings are calculated and determined by Inflooense based on an earnings model that rewards for linked purchases of promoted products, influencing purchases and driving sales of linked products by others as well as the collective retail value as set up by Inflooense.

On the "Earnings Pie" of the Inflooense app, you see how much you earned as an Inflooenser. Inflooenser Earnings will be paid to you upon request on a weekly basis based on a first in request basis of available funds. We will make Automated Clearing Hourse payments on a scheduled weekly basis, there is a minimum withdrawal amount of $10 and earnings will not be available until earnings exceeds $10. Each withdrawal incurs a $1 transaction fee. In the event you wish to discontinue the use of Inflooense App, and obtain a balance that is under $10, please email hello@inflooense.com directly to request a withdrawal.

PROHIBITED USES

Whether as a User (Inflooenser) or as a Retail Owner, you may not:

  • use the Inflooense SOT, Inflooense Software and Inflooense Content other than for your own lawful use that complies with these Terms, the terms and policies of the applicable Third Party Providers, and all applicable laws;
  • impersonate another, or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
  • falsify account registration information, or make unauthorized use of another's information;
  • use the Inflooense SOT in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
  • copy, reproduce, distribute, modify, or create derivative works from, any Inflooense Software or Inflooense Content without the express prior written consent of Inflooense;
  • copy, reproduce, distribute, modify, or create derivative works from any Retail Owner Content or User Content that you do not own, without the express prior written consent of the applicable content owner;
  • remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained or embedded in any Inflooense Content or Inflooense Software, or in any Retail Owner Content or User (Inflooenser) Content that you do not own;
  • upload, post, display, publish or distribute any User Content or Retail Owner Content that (i) is offensive, obscene, vulgar, pornographic, violent, fraudulent, false, misleading, defamatory, libelous, hateful, or discriminatory, or (ii) violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, posting another's photo, video, commentary, editorial, etc. without proper consent);
  • decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of any Inflooense Software;
  • bypass, circumvent, disable, deactivate or render ineffective any content protection, rights management, or security features or mechanisms (such as firewalls, filters, etc.) associated with the Inflooense SOT or any Inflooense Software;
  • interfere in any way with the operation of the Inflooense SOT or any server, network or system associated with the Inflooense SOT, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another's account that you are not expressly authorized to access;
  • use the Inflooense SOT for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app's availability, performance or functionality, or for any other benchmarking or competitive purposes;
  • use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Inflooense SOT or any server, network or system associated with the Inflooense SOT, or to extract, collect, harvest or gather content or information from the Inflooense SOT, or making any duplicate accounts for the same person;
  • frame or otherwise create a browser or border environment around any page or content of the Inflooense SOT, or deep-link to any internal page or area of the Inflooense SOT; or
  • make any other use of the Inflooense SOT, Inflooense Software or Inflooense Content that violates these Terms or any applicable law.
  • To report any abuse or misuse of the Inflooense SOT, please contact us at hello@inflooense.com

RESPONSIBILITIES OF USERS

As a User, it is solely and entirely your responsibility:

  • to ensure that your User Content does not infringe or violate another's copyright, trademark, right of privacy, right of publicity, or other property or personal right;
  • to pay all applicable taxes with respect to Inflooenser Earnings you receive from Inflooense;
  • to ensure that your account information on the Inflooense SOT is accurate and up to date;
  • to comply with all applicable laws when using the Inflooense SOT, including when you interact with other Users and with Retail Owners.

IDENTIFYING YOURSELF AS AN INFLOOENSER

When posting a picture to social media as an Inflooenser, you must clearly disclose the nature of your product endorsement in each and every post. It is a violation of these Terms if you do not disclose that you might get paid for displaying any given product though the Inflooense app, and such a violation may be grounds for account suspension or termination. The exact way you comply with this is up to you, so long as you are clear. For example, you might say "I am a participant with Inflooense LLC, an program designed to provide a means for users to earn advertising fees by promoting retailer products on social media." Alternatively, you might add any of "#sponsored", "#ad", or "#promotion" to your Inflooense posts. For more information regarding FTC guidelines concerning endorsement disclosures, please visit: https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking.

OUR DISCLAIMERS REGARDING TRANSACTIONS BETWEEN RETAIL OWNERS AND USERS

By using the Inflooense SOT, you expressly acknowledge and agree as follows:

  • All sale and purchase transactions are solely between Retail Owners and Users. Inflooense and the Inflooense SOT are not a party to any such transactions.
  • Inflooense and the Inflooense SOT (i) are not affiliated with and do not represent any Retail Owner; (ii) do not make, produce, offer, sell, ship, or provide warranty of any kind for, any product on behalf of a Retail Owner; (iii) do not sponsor, endorse or approve any product offered or sold by a Retail Owner; (iv) do not provide customer service for any product sold by a Retail Owner; however, we will make reasonable efforts to facilitate communications between Retail Owners and Users, including forwarding a User's request, inquiry or complaint we receive concerning a specific product or purchase to the applicable Retail Owner for handling); and (v) assume no responsibility or liability whatsoever for any product offered or sold by a Retail Owner.
  • All Retail Owner Content (including product feeds) and User Content are originated by Retail Owners or Users (as the case may be) and not by Inflooense, and are provided "as is" for informational purposes only and without any warranty by Inflooense, whether express or implied. Inflooense does not investigate, verify, warrant or guarantee, and assume no responsibility or liability for, the accuracy, correctness, truthfulness or reliability of any Retail Owner Content or User Content. Inflooense does not sponsor, endorse or approve any view, opinion, comment or recommendation expressed by a Retail Owner or a User, and the posting of a Retail Owner's or a User's view, opinion, comment or recommendation on the Inflooense SOT does not constitute sponsorship, endorsement or approval thereof by Inflooense.
  • Inflooense does not make any representation or warranty, whether express or implied, with respect to any of the following: (i) any Retail Owner Content (including product feeds); (ii) any User Content; (iii) any product offered by a Retail Owner, including its availability, price, make, material, craftsmanship, style, genuineness, quality, durability, performance, warranty, customer service, or ethical or environmental standard; and (iv) a User's level of satisfaction with a Retail Owner or with any product received from a Retail Owner.
  • In no event shall Inflooense be held responsible or liable for any injury (including death) or loss or damage of any kind incurred by a User as a result of: (i) a Retail Owner's non-delivery or late delivery of a product; (ii) his/her use of (or inability to use) a product received from a Retail Owner; (iii) a defective product received from a Retail Owner; (iv) a Retail Owner's failure or refusal to accept a return, to make an exchange, to issue a refund or credit, or to honor a warranty; or (v) any billing error, overcharge, or any unauthorized or fraudulent charge, by a Retail Owner.

OWNERSHIP; GRANT OF LICENSES; YOUR REPRESENTATIONS AND WARRANTIES

The Inflooense SOT and all Inflooense Content, Inflooense Software and Inflooense Marks constitute the proprietary property of Inflooense and are protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Subject to these Terms, Inflooense grants to you a limited, conditional, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access the Inflooense SOT, Inflooense Software and Inflooense Content for your own lawful use only. You acknowledge and agree that: (i) this limited license is expressly conditioned upon your full compliance with these Terms, the terms and policies of the applicable Third Party Providers, and all applicable laws; and (ii) this limited license may be revoked and terminated by Inflooense at any time and for any reason (including, without limitation, if you violate any of these Terms or any applicable law). Any use of the Inflooense SOT, Inflooense Software or Inflooense Content other than as expressly permitted by these Terms is strictly prohibited. All rights in and to the Inflooense SOT, Inflooense Software and Inflooense Content that are not expressly granted herein are reserved by Inflooense.

All Retail Owner Content (including product feeds and Retail Owner Marks) will remain the property of the applicable Retail Owners, and all User Content will remain the property of the applicable Users. Inflooense does not claim ownership of any Retail Owner Content or User Content. However, by using the Inflooense SOT, you expressly and irrevocably grant to Inflooense a worldwide, non-exclusive, freely transferable, freely assignable, freely sublicensable, and fully paid-up license to store, cache, index, use, copy, reproduce, publicly display, publicly perform, publish and distribute all your Content (including your own likeness and photographs comprised in your User Content) for the purposes of and in connection with operating, managing, maintaining, improving, advertising, promoting and publicizing the Inflooense SOT. You acknowledge and agree that: (i) the foregoing license is not revocable or terminable by you and will continue in effect for as long as you maintain an account on the Inflooense SOT; and (ii) in the event you discontinue use of the Inflooense SOT by canceling your account, Inflooense may retain backup copies of all your Content indefinitely for Inflooense internal archival and recordkeeping purposes.

Also, by using the Inflooense SOT, you expressly allow other Retail Owners and Users to access and view your Content on the Inflooense SOT, and you acknowledge and agree that Inflooense has no control over and shall not be held responsible or liable for others' use or misuse of your Content.

By using the Inflooense SOT, you represent and warrant that you own or control all rights in and to your Content and that, to the extent your Content includes or utilizes any third-party property (such as material created by another person, or another person's name, voice, signature, photograph or likeness), you have secured all necessary rights, licenses, consents and releases (i) for the inclusion/use of such third-party property in your Content and (ii) for our use, publication and display of your Content on and in connection with the Inflooense SOT.

NO OBLIGATION TO SCREEN OR MONITOR; OUR RIGHT TO REMOVE CONTENT

We assume no responsibility or obligation to screen any Retail Owner Content or User Content or to monitor the Inflooense SOT for inappropriate Retail Owner Content or User Content. However, we do reserve the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any Retail Owner Content or User Content that, in our sole judgment, violates these Terms or any applicable law, or may expose or subject Inflooense to liability of any kind, or may adversely affect the reputation or goodwill of Inflooense. If a user is banned, the outstanding links associated with that user will be redirected to www.inflooense.com.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

To comply with the Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including expediently removing or disabling access to the allegedly infringing Retail Owner Content or User Content (as the case may be). We also have a policy of terminating, in appropriate circumstances, the account of anyone that is determined by us to be a repeat infringer.

If you believe that your copyrighted work is being infringed on an Inflooense site, please notify our Designated Agent, preferably by email, at:

Adam VanDervoort
PO Box 1098
Saratoga Springs, NY 12866
adam@inflooense.com

COPYRIGHT INFRINGEMENT NOTIFICATION REQUIREMENTS

Copyright takedown notifications must include the following elements. Without this information, we will be unable to take action on your request:

  1. Your contact information. You'll need to provide information that will allow us and the uploader(s) of any image(s) or video(s) you remove to contact you regarding your complaint, such as an email address, physical address or telephone number.
  2. A description of your work that you believe has been infringed. In your complaint, be sure to clearly and completely describe the copyrighted content you are seeking to protect. If multiple copyrighted works are covered in your complaint, the law allows a representative list of such works.
  3. Each allegedly infringing image's or video's specific URL. Your complaint must contain the specific URL of the image or video you believe infringes your rights, or we will be unable to locate and remove it. General information about the image or video, such as a username, is not adequate. Please include the URL(s) of the exact image(s) or video(s).
  4. You must agree to and include the following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
  5. And the following statement: "The information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
  6. Your signature.
  7. Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name (a first and last name, not a company name) to act as your signature at the bottom of your complaint.

COUNTER NOTIFICATION REQUIREMENTS

If you are planning to submit a copyright counter notification, it must include the following specific elements.

  1. Your contact information. You'll need to provide the following information that will allow us to contact you or a representative authorized to act on your behalf (such as an attorney) regarding your request. If you are an uploader's authorized representative, please be sure to specify your relationship to the uploader in the counter notification.
    a) Full legal name (a first and last name, not a company name)
    b) Email address
    c) Physical address
    d) Telephone number
  2. Identification of the specific URL(s). Please include the URL(s) of the exact image(s) or video(s) or we will be unable to reinstate them. Your counter notification must include specific links to the material that has been removed or disabled. General information about the image or video, such as a username, is not adequate.
  3. You must agree to and include the following statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Inflooense LLC is located, and will accept service of process from the claimant."
  4. And the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  5. Your signature. Complete counter notifications require your physical or electronic signature, or the signature of a representative authorized to act on your behalf, such as an attorney. To satisfy this requirement, you may type your full legal name (a first and last name, not a company name) to act as your signature at the bottom of your request.

LINKS TO THIRD PARTIES

The Inflooense SOT may contain links to third-party websites or products or services, such as those of Third Party Providers and Retail Owners (each, a "Linked Third-Party Site/Product/Service"). Such links do not constitute or imply Inflooense approval, sponsorship or endorsement of any Linked Third-Party Site/Product/Service. Inflooense is not responsible for and makes no representation or warranty, whether express or implied, regarding any Linked Third-Party Site/Product/Service. You access and use a Linked Third-Party Site/Product/Service solely at your own risk. When you visit a Linked Third-Party Site/Product/Service, you are subject to that third party's terms and policies, and not these Terms. Any right or claim you may have concerning a Linked Third-Party Site/Product/Service can only be asserted directly against the third party that operates or provides that Linked Third-Party Site/Product/Service.

DISCLAIMER OF WARRANTIES

UNLESS EXPRESSLY OTHERWISE STATED BY INFLOOENSE AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:

(i) INFLOOENSE MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFLOOENSE SOT OR ANY INFLOOENSE SOFTWARE OR INFLOOENSE CONTENT;

(ii) THE INFLOOENSE SOT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED; AND

(iii) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, INFLOOENSE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFLOOENSE SOT AND ALL INFLOOENSE SOFTWARE AND INFLOOENSE CONTENT; WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INFLOOENSE DOES NOT WARRANT THAT THE INFLOOENSE SOT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE INFLOOENSE SOT WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT OR INFORMATION (REGARDLESS OF WHETHER IT COMES FROM A RETAIL OWNER, FROM A USER, OR FROM INFLOOENSE) ON THE INFLOOENSE SOT WILL BE ACCURATE, RELIABLE, COMPLETE OR UP TO DATE; OR THAT YOUR USE OF THE INFLOOENSE SOT WILL PRODUCE ANY DESIRED RESULT (SUCH AS MAKING AN ACTUAL SALE IF YOU ARE A RETAIL OWNER, OR EARNING ANY USER REFERRAL FEES IF YOU ARE A USER).

SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL INFLOOENSE OR ANY INFLOOENSE SHAREHOLDER, MEMBER, OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, ADVISOR, CONSULTANT OR CONTRACTOR BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOST REVENUES, LOST SALES, AND LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THE INFLOOENSE SOT OR YOUR USE OF (OR YOUR INABILITY TO USE) THE INFLOOENSE SOT, EVEN IF INFLOOENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION BY YOU

BY USING THE INFLOOENSE SOT WHETHER AS A RETAIL OWNER OR AS A USER, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS INFLOOENSE AND ALL INFLOOENSE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS, CONSULTANTS AND CONTRACTORS, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATED TO ANY OF THE FOLLOWING:

(i) YOUR USE OF (OR YOUR INABILITY TO USE) OR YOUR RELIANCE UPON THE INFLOOENSE SOT OR ANY CONTENT OR INFORMATION ON THE INFLOOENSE SOT;

(ii) ANY OF YOUR CONTENT;

(iii) YOUR VIOLATION OF ANY OF THESE TERMS OR ANY APPLICABLE LAW; AND/OR

(iv) ANY TRANSACTION, DEALING OR DISPUTE BETWEEN YOU AND ANY OTHER PERSON OR ENTITY (OTHER THAN INFLOOENSE), INCLUDING, WITHOUT LIMITATION, ANY SALE OR PURCHASE TRANSACTION TO WHICH YOU ARE A PARTY.

COMPLIANCE WITH EXPORT CONTROL LAWS

All Inflooense Software may be subject to U.S. export control laws and regulations. No Inflooense Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any other Country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, installing or using any Inflooense Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You may not download, install, use, export or re-export any Inflooense Software or any underlying information or technology except in full compliance with U.S. export control laws and regulations.

INTERNATIONAL USE

The Inflooense SOT is operated by Inflooense in and from the U.S. We do not represent or warrant that the Inflooense SOT or any Inflooense Software or Inflooense Content is appropriate or available for use in locations outside the U.S. If you access the Inflooense SOT from a jurisdiction outside the U.S., you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of the Inflooense SOT.

RELATIONSHIP OF PARTIES

You and we are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or any Retail Owner. You will have no authority to make or accept any offers or representations on our or any Retail Owner's behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of these Terms, you will be deemed to have taken the action yourself.

GOVERNING LAW

These Terms are governed by and shall be construed in accordance with the laws of the State of New York, U.S.A. (without regard to the conflict of laws provisions thereof) and the U.S. Federal Arbitration Act (with respect to dispute resolution).

YOU AND INFLOOENSE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND INFLOOENSE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

SEVERABILITY

If any provision contained in these Terms is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms shall not be affected and shall remain in full force and effect.

NO WAIVER

A failure by Inflooense to exercise or enforce any right or provision under these Terms of Service does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms of Service will only be effective if it is in writing and signed by Inflooense.

CONTACT INFORMATION
Inflooense, LLC
P.O. Box 1098
Saratoga Springs, NY 12866
support@inflooense.com

November 30, 2016