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These terms and conditions ("Terms", "Agreement") are an agreement between Floodgate ("Floodgate", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the floodgate.io website and any of its products or services (collectively, "Website" or "Services").
You must be at least 13 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Services. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
The account owner may permit its employees or representatives to use the Services, provided they use the Services for the user Company’s benefit only and remain in compliance with this Agreement. If any account member stops working for the Company, the Company must immediately terminate the access to its Account and any Services of Floodgate.
If you provide, or are provided with, a username, a password or any other information as part of our security procedures, you must treat this information as confidential and not disclose it to any third party. You may sign up and sign in using a third party identity provider such as Google and GitHub were available as an alternative method.
Floodgate offers a free trial period for new account sign ups. At the end of the trial period you may choose to subscribe to one of Floodgates subscription plans.
Floodgate makes use of third parties to process payments and subscriptions. Floodgate does not collect any payment data such as credit card details.
The fees stated on the Floodgate website and within the Floodgate application are final. Floodgate reserves the right yo change any fee or price of service at its sole discretion.
Payments are non-refundable and non-creditable and payment obligations non-cancellable. Late payments may be subject to a service charge equal to the lesser of 1.5% per month of the amount due or the maximum amount allowed by law.
You may change or cancel your subscription at any time. You current subscription will remain active until the end of the current billing period.
Unless you cancel your subscription by giving a written notice of non-renewal before the end of your subscription term, Floodgate will automatically renew your subscription upon expiration.
In the event a Customer is past due on the account balance or overusage of the Service, Floodgate may send an email within fourteen (14) days notifing about account suspension in addition to other rights and remedies available. Servers and provided services will be temporarily powered off during the suspension period.
For the avoidance of doubt, you will remain responsible for payment of fees during any suspension period under this Section. However, unless this Agreement has been terminated, Floodgate will work with you to promptly restore access to the Services once it's verified that you have resolved the condition requiring suspension.
Floodgate makes use of the following third party vendors to manage Services provided by Floodgate.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
This Agreement does not transfer to you any intellectual property owned by Floodgate or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Floodgate. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Floodgate or Floodgate licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Floodgate or third-party trademarks.
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Floodgate reserves the right, in our sole discretion, to terminate the Agreement with you and your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources. Any such termination may result in the forfeiture and destruction of information associated with your Account. Floodgate may provide prior notice of the intent to terminate Services to you if such notice will not, in Floodgate's discretion, run counter to the intents and purposes of these Terms of Service.
Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to Floodgate before such termination shall be immediately due and payable by Customer, including any liabilities that may have been incurred prior to termination such as Floodgate's costs for collection (including attorneys' fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Customer by this Agreement will immediately be terminated, and Customer shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services.
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]
This document was last updated on August 30, 2020
