Terms Of Service
Last Updated August 25, 2023
Last Updated August 25, 2023
Welcome, and thank you for your interest in Grin Technology Services, Inc. (“Flossy,” “we,” or “us”) and our website at www.flossy.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Flossy Service”). These Terms of Service are a legally binding contract between you and Flossy regarding your use of the Flossy Service.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE FLOSSY SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE FLOSSY SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING FLOSSY’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE FLOSSY SERVICE. YOUR USE OF THE FLOSSY SERVICE, AND FLOSSY’S PROVISION OF THE FLOSSY SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY FLOSSY AND BY YOU TO BE BOUND BY THESE TERMS.
Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FLOSSY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 15.)
Flossy is a marketplace that connects users with high quality dentists at an affordable price and allows users to conveniently book and manage appointments and pay for services. Users can elect to either leverage our negotiated fee schedules which can offer significantly discounted pricing for dental services, or submit claims for covered services via their insurance provider.
You must be at least 18 years old to use the Flossy Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Flossy Service; and (c) your registration and your use of the Flossy Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
To access most features of the Flossy Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at hello@flossy.com.
Certain features of the Flossy Service may require you to pay fees. For example, the price you pay for a dental service booked through Flossy (without using insurance) may include a service and processing fee that we keep to help pay for the operation, maintenance, and improvement of our platform and services. All fees are in U.S. Dollars and are non-refundable. Flossy fees may be collected by us when you pay via credit card or by the applicable provider when you pay with cash.
Flossy reserves the right to determine the fees and charges for the Flossy Service, and Flossy negotiates discounted rates with participating providers for dental services not covered by insurance, but Flossy does not determine pricing for any procedures paid for through the Flossy Service. Flossy will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our mobile application periodically for current pricing information for the Flossy Service. Flossy may change the fees for any feature of the Flossy Service, including additional fees or charges, if Flossy gives you advance notice of changes before they apply. Flossy, at its sole discretion, may make promotional offers with different features and different pricing to any of Flossy’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
You authorize Flossy and its third party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Flossy, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Flossy or its third party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
The Flossy Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Flossy or its third party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Flossy or its third party payment processor will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
Flossy may suspend or terminate access to the Flossy Service, including fee-based portions of the Flossy Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Flossy Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
You may have the option to provide insurance information and submit a claim for covered services. If you do so: (a) Flossy may choose to provide a summary of eligibility, benefits, or coverage based on the information you and your insurer provide us, but WE DO SO AS A CONVENIENCE AND ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND WILL NOT BE RESPONSIBLE FOR ANY INACCURACIES OR OMISSIONS IN SUCH INFORMATION; (b) Flossy is not responsible for submitting, processing, or defending any insurance claims, and any disputes or resolutions regarding any such claims will be solely between you and your insurance provider; and (c) if coverage is denied by your insurance provider in whole or in part, Flossy and the applicable dental provider reserve the right to charge you the applicable treatment price and Flossy fees that would have applied at the time of such treatment.
Subject to your complete and ongoing compliance with these Terms, Flossy grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Flossy Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Flossy Service.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Flossy Service; (b) make modifications to the Flossy Service; or (c) interfere with or circumvent any feature of the Flossy Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Flossy Service, you may not use it.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Flossy Service (“Feedback”), then you hereby grant Flossy an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Flossy Service and create other products and services.
The Flossy Service is owned and operated by Flossy. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Flossy Service (“Materials”) provided by Flossy are protected by intellectual property and other laws. All Materials included in the Flossy Service are the property of Flossy or its third party licensors. Except as expressly authorized by Flossy, you may not make use of the Materials. Flossy reserves all rights to the Materials not granted expressly in these Terms.
Flossy may provide tools through the Flossy Service that enable you to export information, including User Content, to third party services including dental provider systems and services. By using one of these tools, you agree that Flossy may transfer that information to the applicable third party service. Third party services are not under Flossy’s control, and, to the fullest extent permitted by law, Flossy is not responsible for any third party service’s use of your exported information. The Flossy Service may also contain links to third party websites. Linked websites are not under Flossy’s control, and Flossy is not responsible for their content.
The Flossy Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Flossy Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
Flossy and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Flossy Service, as well as marketing messages. You may opt out of receiving marketing text messages at any time by sending an email to hello@flossy.com indicating that you no longer wish to receive such texts along with the phone number of the mobile device receiving the texts OR BY texting “STOP” or “END” in response to any such text from the mobile device receiving the messages. You may also opt out of receiving all text messages at any time by sending an email to hello@flossy.com indicating that you no longer wish to receive such texts along with the phone number of the mobile device receiving the texts OR BY texting “STOPALL” or “ENDALL” in response to any such text from the mobile device receiving the messages. You may continue to receive text messages for a short period while Flossy processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Flossy Service provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Flossy Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
a) use the Flossy Service for any illegal purpose or in violation of any local, state, national, or international law;
b) interfere with security-related features of the Flossy Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Flossy Service except to the extent that the activity is expressly permitted by applicable law;
c) interfere with the operation of the Flossy Service or any user’s enjoyment of the Flossy Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) collecting personal information about another user or third party without consent; or (iii) interfering with or disrupting any network, equipment, or server connected to or used to provide the Flossy Service;
d) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
e) sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
f) attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Flossy Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Flossy Service, and ending when terminated as described in Section 11.2.
If you violate any provision of these Terms, your authorization to access the Flossy Service and these Terms automatically terminate. In addition, Flossy may, at its sole discretion, terminate these Terms or your account on the Flossy Service, or suspend or terminate your access to the Flossy Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at hello@flossy.com.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Flossy Service; (b) you will no longer be authorized to access your account or the Flossy Service; (c) you must pay Flossy any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 11.3, 12, 13, 14, 15, 16 and 17 will survive.
Flossy reserves the right to modify or discontinue the Flossy Service at any time (including by limiting or discontinuing certain features of the Flossy Service), temporarily or permanently, without notice to you. Flossy will have no liability for any change to the Flossy Service or any suspension or termination of your access to or use of the Flossy Service.
To the fullest extent permitted by law, you are responsible for your use of the Flossy Service, and you will defend and indemnify Flossy and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Flossy Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Flossy Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party, including without limitation any insurance provider or dental service provider. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
THE FLOSSY SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE FLOSSY SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. FLOSSY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE FLOSSY SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE FLOSSY SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FLOSSY DOES NOT WARRANT THAT THE FLOSSY SERVICE OR ANY PORTION OF THE FLOSSY SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE FLOSSY SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FLOSSY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FLOSSY SERVICE OR FLOSSY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE FLOSSY SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE FLOSSY ENTITIES OR THE FLOSSY SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE FLOSSY SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER, INSURANCE PROVIDER, DENTAL SERVICE PROVIDER, OR OTHER THIRD PARTY. WE DO NOT CONTROL ANY THIRD PARTIES AND YOU ARE SOLELY RESPONSIBLE FOR SELECTING WHICH DENTAL PROVIDERS YOU WISH TO BOOK SERVICES WITH. WE DO NOT ENDORSE ANY PARTICULAR PROVIDERS LISTED, REFERENCED, OR REGISTERED ON THE FLOSSY NETWORK (EVEN THOSE WE MAY “FEATURE”, “RECOMMEND”, OR “SUGGEST” FROM TIME TO TIME BASED ON FACTORS LIKE LOCATION, SELF-DESCRIBED SPECIALTIES, USER REVIEWS, ETC.). OUR NETWORK FACILITATES CONNECTIONS BETWEEN PATIENTS AND PROVIDERS BUT WE ARE NOT INVOLVED IN THE PROVISION OF DENTAL SERVICES OR TREATMENTS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE FLOSSY SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE FLOSSY SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT, NOR FOR THE QUALITY OR OTHER ASPECTS OF ANY TREATMENTS OR SERVICES OFFERED BY ANY PROVIDERS, EVEN IF BOOKED VIA FLOSSY.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Flossy does not disclaim any warranty or other right that Flossy is prohibited from disclaiming under applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FLOSSY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE FLOSSY SERVICE OR ANY MATERIALS OR CONTENT ON THE FLOSSY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FLOSSY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 15.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FLOSSY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE FLOSSY SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FLOSSY FOR ACCESS TO AND USE OF THE FLOSSY SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
In the interest of resolving disputes between you and Flossy in the most expedient and cost effective manner, and except as described in Section 15.2 and 16.2, you and Flossy agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FLOSSY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 within 30 days after the date that you agree to these Terms by sending a letter to Grin Technology Services, Inc., Attention: Legal Department – Arbitration Opt-Out, 8605 Santa Monica Blvd., West Hollywood CA 90069 that specifies: your full legal name, the email address associated with your account on the Flossy Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Flossy receives your Opt-Out Notice, this Section 15 will be void and any action arising out of these Terms will be resolved as set forth in Section 16.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Any arbitration between you and Flossy will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Flossy. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Flossy’s address for Notice is: Grin Technology Services, Inc., 8605 Santa Monica Blvd., West Hollywood CA 90069. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Flossy may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Flossy must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Flossy in settlement of the dispute prior to the award, Flossy will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
If you commence arbitration in accordance with these Terms, Flossy will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Flossy for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND FLOSSY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Flossy agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If Flossy makes any future change to this arbitration provision, other than a change to Flossy’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Flossy’s address for Notice of Arbitration, in which case your account with Flossy will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If Section 15.7 or the entirety of this Section 15 is found to be unenforceable, or if Flossy receives an Opt-Out Notice from you, then the entirety of this Section 15 will be null and void and, in that case, exclusive jurisdiction and venue described in Section 16.2 will govern any action arising out of or related to these Terms.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Flossy regarding your use of the Flossy Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Flossy submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Flossy Service from our offices in California, and we make no representation that Materials included in the Flossy Service are appropriate or available for use in other locations.
Please read the Flossy Privacy Policy, as posted on our website, carefully for information relating to our collection, use, storage, disclosure of your personal information. The Flossy Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Your use of the Flossy Service is subject to all additional terms, policies, rules, or guidelines applicable to the Flossy Service or certain features of the Flossy Service that we may post on or link to from the Flossy Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
By using the Flossy Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
The Flossy Service is offered by Grin Technology Services, Inc., located at 8605 Santa Monica Blvd., West Hollywood CA 90069. You may contact us by sending correspondence to that address or by emailing us at hello@flossy.com.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Flossy Service or to receive further information regarding use of the Flossy Service.
We are under no obligation to provide support for the Flossy Service. In instances where we may offer support, the support will be subject to published policies.
The Flossy Service is intended for visitors located within the United States. We make no representation that the Flossy Service is appropriate or available for use outside of the United States. Access to the Flossy Service from countries or territories or by individuals where such access is illegal is prohibited.
This Section 17 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Flossy only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Flossy Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Flossy Service. If the Flossy Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Flossy Service. Apple is not responsible for addressing any claims by you or any third party relating to the Flossy Service or your possession and/or use of the Flossy Service, including: (a) product liability claims; (b) any claim that the Flossy Service fails to conform to any applicable legal or regulatory requirement; or (c) 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 the Flossy Service and/or your possession and use of the Flossy Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Flossy Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
