TERMS AND CONDITIONS
By purchasing a Float Tank Solutions product You (herein referred to as “You” or “Client”) agree to the follow terms.
PRODUCT
Float Tank Solutions, LLC (herein referred to as “We,” “Us,” “FTS,” “Float Tank Solutions” or “Company”) agrees to provide the Float Tank Solution Package, (herein referred to as “Product”) identified in Client’s on-line commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their use of the Product.
DISCLAIMER
Client understands Float Tank Solutions, its parent company, employees, owners, agents, assigns and affiliates are not an employee, agent, lawyer, manager, public relations manager, business manager, financial analyst or accountant of Client.
Client understands that Float Tank Solutions has not promised, shall not be obligated to and will not: (1) procure or attempt to procure employment, business, or sales for Client; (2) perform any business management functions including but not limited to, accounting, legal advice, tax consulting, investment consulting; (3) act as a public relations manager for Client (4) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (5) introduce Client to Company’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the purchase of the Product. If the Parties continue their relationship, a separate agreement will be entered into.
FEES
Client agrees to pay the fee as indicated on Client’s on-line commerce shopping cart.
100% MONEY-BACK GUARANTEE
The 100% money-back guarantee period is effective for 30 days from the original purchase date of the product or service. Client understands that they must contact Float Tank Solutions (info@floattanksolutions) before the end of the 30th day from the purchase date to begin the refund process.
EARNINGS DISCLAIMER
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE PRODUCT AND IT’S POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THE PRODUCT. EXAMPLES IN THE PRODUCT ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING THE PRODUCT, IDEAS AND TECHNIQUES.
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN THE PRODUCT DEPENDS ON THE TIME YOU DEVOTE TO THE PRODUCT, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE, VARIOUS SKILLS AND LOCAL MARKET. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS AND LOCATIONS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. WE ARE NOT RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN THE PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS.YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR PRODUCT(S) ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN THE PRODUCT.
CONFIDENTIALITY AND NON-DISCLOSURE OF PRODUCT MATERIALS
Materials given to Client by the Company is proprietary, copyrighted and developed solely and specifically for the Company. All materials, procedures, policies, and standards, manuals, teaching aids, and supplements that have been or will be made are for personal use of Client only. Original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction or sale by Client to a third party is strictly prohibited. Program content may not be reproduced, sold, tape recorded, videotaped, shared, taught, given away, or otherwise disclosed without the express written consent of Float Tank Solutions.
NO TRANSFER OF INTELLECTUAL PROPERTY
Float Tank Solutions’ Product is copyrighted and original material that has been provided to Client for Client’s individual use only and a single-use license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Float Tank Solutions. No license to sell or distribute Company’s materials is granted or implied.
By purchasing the Product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.
Further, by purchasing the Product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this section, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
CLIENT RESPONSIBILITY
The Product is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their results from the Product. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the Product and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of use of the Product. Product information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in the Product.
WARRANTIES
Product Provided “AS IS” Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE FLOAT TANK SOLUTION PRODUCT IS PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY WHATSOEVER.
LIMITATION OF LIABILITY
THE EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY FOR BOTH PARTIES WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO FLOAT TANK SOLUTIONS HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES, DATA, OR DATA USE OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
MUTUAL INDEMNIFICATION
The Parties shall defend, indemnify, and hold harmless each other and each other’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, members, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client recognizes and agrees that all of the Company’s members, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
MISCELLANEOUS
INDEPENDENT CONTRACTOR STATUS. Nothing in this Agreement is to be construed as creating a partnership, joint venture, business alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
FORCE MAJEURE. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force.
WAIVER. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
ARBITRATION AND NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT. Client may not assign this Agreement without express written consent of Company.
MODIFICATION. Company may modify terms of this agreement at any time. All modifications shall be posted on the Float Tank Solutions website and Client shall be notified.
TERMINATION. Company is committed to providing all clients who purchase the Product with a positive experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s use of the product. Client will still be liable to pay the total contract amount.
RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: info@floattanksolutions.com
ENTIRE AGREEMENT. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.
CHOICE OF LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, United States of America. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Oregon.
PRIVACY
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, credit card information or Website URL. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
; To personalize your experience
(your information helps us to better respond to your individual needs)
; To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
; To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
; To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
; To administer a contest, promotion, survey or other site feature
; To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the ‘Edit Profile’ page.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Copyright
All materials on this website are copywitten by the owner. If you feel that you own and media on this website, please contact us and we’ll address it in a timely manner.
Terms and Conditions
We refuse the right to refuse service to anyone and to terminate service at any time. We don’t mean to sound jerky, but we’re just protecting ourselves in case we run into someone too difficult to handle.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your Consent
By using our site, you consent to our web site privacy policy.
Earnings Disclaimers
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to grow your business and improve your life. However, by purchasing this website you accept and agree that you are fully responsible for your results. We offer no representations, warranties or guarantees verbally or in writing regarding your earnings or results. You alone are responsible for your actions and results in life and business which are dependent on personal factors including your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name a few. By browsing this website you understand because of the nature of the program and extent, the results experienced by each person may significantly vary. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
No Professional Advice
The information contained in or made available through our sites (including but not limited to information contained on videos, worksheets, comments, consulting sessions, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. We and our partners make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of this websites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below.
This policy was last modified on 5/24/2018
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
Float On
4350 SE Hawthorne Blvd.
Portland, Oregon 97215
United States
info@floattanksolutions.com
503.400.6975