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Effective Date: August 24, 2013

The following Terms of Use (the “Terms” or the “Agreement) govern your use of the website www.3floz.com and the online resources related thereto (collectively, the “Website”).  3FLOZ, LLC, a Delaware limited liability company (“3FLOZ,” “we” or “us”), is the owner and operator of the Website. This is an agreement between you and 3FLOZ. Should you object to any provision or condition contained within these Terms, the 3FLOZ Privacy Policy set forth on the Website, or any other requirement or guideline posted by 3FLOZ, your only recourse is to immediately discontinue using or accessing the Website.

BY BROWSING THIS WEBSITE OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO AND ACCEPT THESE TERMS.

Limited License

3FLOZ grants you a limited license to access, view and use the Website for your own personal, noncommercial use, provided that you accept the Terms.  You agree that your use of the Website will at all times be lawful and in compliance with these Terms, that you will not use the Website for any commercial purposes, and that you will not conduct or promote illegal activities while using the Website.

Availability of the Website

While we use reasonable efforts to keep the Website accessible, complete and error-free, nonetheless errors, omissions, interruptions of service and delays may occur at any time for any reason.  You acknowledge, understand and agree that such errors, omissions, interruptions of service and delays may occur at any time as a result of circumstances, both within and beyond our control.  We do not accept, and hereby expressly disclaim, any liability that arises from any such errors, omissions, interruptions or delays relating to the Website or any of the products or services offered on the Website.  We reserve the right to deny access to the Website to anyone, or to any account, at any time, for any reason without notice.

Availability and Pricing of Products

The products displayed on the Website are available through the Website and in selected retail kiosks across the United States.  The availability of these products is subject to change without notice and may vary from location to location and on the Website.  The prices displayed on the Website and at any such location are quoted in U.S. Dollars, and must be paid in U.S. Dollars.  We reserve the right to modify or discontinue, at any time, some or all of the products or services available on the Website, with or without notice.  

Customer Accounts.

While you are not required to do so, if you do choose to create an account on the Website, you agree to create only one such account and to provide accurate and complete registration information for such account.  When you register on the Website, you will create a unique user id and an associated password.  You are solely responsible for the safeguarding of this user id and password and for maintaining the confidentiality of your account.  You agree to accept, and do hereby accept, responsibility for all activities that occur while you are signed into your account, or while you are using the Website with your user id.  Your account is non-transferrable and may not be sold, combined, or shared with another person.  The Website and associated kiosk locations sell products to adults, who may purchase products with a credit card.  If you are under 18, you may only use the Website with the involvement of your parent or legal guardian.  If you violate these terms, we may terminate your account.  If you falsify information or commit fraud with respect to your account, we may terminate your account and pursue legal action against you for any damages we suffer as a result of such actions.  We reserve the right to refuse service, terminate accounts, remove or edit content, and cancel any orders in our sole discretion.  If we terminate your account, you agree that you may not re-register on the Website except with our express written permission.   

Payment Information

Should you choose to place an order for products on the Website, we accept the following methods of payment: Visa, MasterCard, American Express, Discover and PayPal. 

Links to Other Websites

This Website may contain links to websites maintained, owned or operated by parties other than 3FLOZ. We provide such links for your reference only.  We do not control any such outside websites or the information contained on these websites, and you agree that we are not responsible for the content contained on such websites.  If you decide to access any of the third party sites linked to this Website, you do so entirely at your own risk.  The fact that we provide a link to a third party website does not mean that we endorse, adopt, authorize, sponsor or are affiliated in any way with that website.  We expressly disclaim any representation or warranty regarding the content or accuracy of the materials on such websites.

Security of Transmitted Information

You understand, acknowledge and agree that we do not control the security of the Internet or other networks that you may use to access the Website or to transmit information to us.  You agree that we are not responsible for the loss of any data or the security of the information that you submit or transmit to the Website or to us.

User-Submitted Content

We make no representation or warranty regarding the accuracy or propriety of the information posted by its consumers or users to the Website. We rely on such individuals to independently assess such information’s usefulness, accuracy and completeness, and all such information is presented on an “as is” basis.  By using and posting any materials onto the Website, you agree that you have an independent obligation not to include in any such materials any information or material that is protected by third party proprietary rights, including copyright, trademark, rights of privacy or publicity.  You agree that your submission of any such materials is and will be deemed to be conclusive evidence of your representation and warranty that such content complies with the foregoing and can be used by us, and any other third party, in any manner or medium, without restriction as to manner, frequency or duration of use on a worldwide, perpetual basis.  By submitting or uploading such materials to the Website, you hereby agree that we, and our successors, and any of our users, agents or assigns, may freely, and without restriction, use, edit, distribute, access, view, store, publish and revise any such materials for any commercial purpose, in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with such content without your prior approval or the payment of any compensation.

We have the express right to view and monitor any such content posted to the Website and reserve the right, but not the obligation, to monitor, edit or remove any material, at any time and without notice if we believe that such removal is necessary to protect the rights, property or personal safety of 3FLOZ, our users or the public, if we are required to do so by law, or if we believe in our sole discretion that doing so will improve the Website and the experience of our users.  In addition, you understand and agree that you are personally responsible for your behavior while on the Website, and agree to indemnify and hold us, and our affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your access, use or posting to the Website.

Copyrights.

All of the content on the Website, including all materials, words, software, code (HTML and otherwise), documents, text, designs, graphics, logos, images, audio and video (collectively, the “Protected Content”) is our property and is at all times protected by United States copyright laws.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any of the Protected Content for any commercial purpose whatsoever.  None of the Protected Content may be reverse-engineered, disassembled, decompiled, transcribed, resold, redisplayed or redistributed without our express prior written consent.  Your use of the Protected Content is limited to one copy for personal, non-commercial viewing only, and you acknowledge that you do not acquire any ownership rights by downloading or accessing any such Protected Content. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, image audio, and/or video on the Website shall not be broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any media, nor stored in a computer, except for your personal and non-commercial use as set forth above.

Trademarks.

The trademarks, service marks and logos (collectively, the “Trademarks”) used and displayed on the Website are our registered and unregistered Trademarks.  Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark, without our prior written consent.  You acknowledge that the design and layout of the Website is protected as our trade dress and may not be copied or imitated in whole or in part.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE.
In accordance with the terms of the Digital Millennium Copyright Act (the “DMCA”), we reserve the right to remove any material or information on the Website that allegedly infringes another person’s copyright or other proprietary rights.  Notices to us regarding any alleged copyright infringement on the Website should be sent to cs@3floz.com. You can also write to us at: 100 John St., Suite 1601, New York, NY 10038, or give us a call at: 888-520-4073.
 
Disclaimer.
YOU AGREE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.  THE WEBSITE, ALL CONTENT ON THE WEBSITE, and any third party content posted on the WEBsite, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH USERS OF THE WEBSITE, ANY USER CONTENT POSTED ON OR ACCESSIBLE FROM THE WEBSITE OR ANY LINKED SITES.  IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS, CONTENT OR USER CONTENT CONTAINED ON THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE.

Limitations of Liability.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR FROM MISTAKES, OMISSIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OF ANY KIND, whether the damages arise from use or misuse of the Website, from the inability to use the Website or the interruption, suspension, alteration, or termination of the Website. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertiseD THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ALL EVENTS, YOU AGREE THAT THE AGGREGATE LIABILITY OF US AND ANY OTHER PARTY INVOLVED IN CREATING, ADMINISTRATING, PRODUCING OR DISTRIBUTING THE WEBSITE, IF ANY, SHALL BE LIMITED TO $50.00. 

Governing Law 

These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules.  Exclusive jurisdiction and venue in connection with any dispute (any such dispute, a “Dispute”) between you and us shall lie in the state courts located in the city of New York or the federal courts located in the Southern District of New York.  You hereby waive any right you might have to resolve any Dispute on any basis (including, but not limited to a class action basis) involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated.  Any cause of action you may have with respect to us or the Website must be commenced within one year after the claim or cause of action arises, or you hereby expressly agree that such claim or cause of action shall be barred.

Privacy

This Website is governed by the terms and conditions set out in our Privacy Policy, which is incorporated by reference into these Terms. 

General.  

These Terms and our Privacy Policy constitute the entire agreement between you and us governing your use of the Website and the purchase of any products via the Website, and supersede any prior agreements between you and us.  Headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.  If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.  Our failure to partially or fully exercise any of our rights or waivers of any breach of these Terms by you shall not prevent any subsequent exercise of such right by us, or be deemed a waiver by us, of any subsequent breach by you of these Terms.  Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Termination.

You agree that we may terminate, modify, discontinue or abandon the Website with or without notice to you, and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.  If this Agreement is terminated for any reason, the provisions of this Agreement shall survive any such termination.

Modification

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms from time to time, with or without notice to you.  Notwithstanding the foregoing, we will provide notice to you of material changes to these Terms by posting the changes on the Website or by sending you an email, which emails you hereby consent to receive.  Any change, update or modification will be effective as of the “Effective Date” stated within the then-current version of these Terms.  Your continued use of the Website following the posting of any such changes to the Terms constitutes an affirmative acknowledgment of such revised Terms and your agreement to abide and be bound by the Terms as modified.

Contact Information.

If you have any questions about the Website or 3FLOZ products or services, please feel free to contact us at cs@3floz.com or 888-520-4073.