TERMS & CONDITIONS
AGREEMENT BETWEEN USER AND FlowCandy LLC. Welcome to www.flowcandy.com. The www.flowcandy.com website (the “Site“) is comprised of various web pages operated by FlowCandy LLC (hereinafter “FlowCandy”). www.flowcandy.com and the services offered to you are conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms“). FlowCandy’s services assist eCommerce stores in increasing their lifetime value and average order value through a variety of customer journey strategies and tactics. Utilizing Klaviyo, Carthook, Shopify, FlowCandy shall provide services and recommendations related to email-marketing, customer journey’s, checkout funnels and other online digital marketing strategies. Your use of www.flowcandy.com constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference. When you use this Site and/or FlowCandy’s services, you are automatically agreeing that both your access to the Site and use of the services are: (1) subject to the terms and conditions in this legal notice (which may change at any time without notice); (2) subject to all applicable laws; and (3) undertaken at your own risk.
ELECTRONIC COMMUNICATIONS. Visiting www.flowcandy.com or sending emails to FlowCandy constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
LINKS TO THIRD-PARTY SITES AND/OR THIRD-PARTY SERVICES. www.flowcandy.com may contain links to other websites (“Linked Sites“). The Linked Sites are not under the control of FlowCandy and FlowCandy is not responsible for the contents of any Linked Sites, including, without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. FlowCandy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FlowCandy of the site or any association with its operators.
Certain services made available via www.flowcandy.com are delivered by third party sites and organizations. By using any service or functionality originating from the www.flowcandy.com domain, you hereby acknowledge and consent that FlowCandy may share such information and data with any third party with whom FlowCandy has a contractual relationship to provide the requested service or functionality on behalf of www.flowcandy.com users.
NO UNLAWFUL OR PROHIBITED USE OF FlowCandy’ INTELLECTUAL PROPERTY. You are granted a non-exclusive, non-transferable, revocable license to access and use www.flowcandy.com and the services provided by FlowCandy strictly in accordance with these Terms. As a condition of your use of the Site and services, you warrant to FlowCandy that you will not use the Site and/or services for any purpose that is unlawful or prohibited by these Terms. You may not use the Site and/or services in any manner which could damage, disable, overburden, or impair the Site and/or services, or interfere with any other party’s use and enjoyment of the Site and/or services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site and/or services.
All content included as part of the Site and services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site or services, is the property of FlowCandy or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site and/or services. FlowCandy’ content is not for resale. Your use of the Site and/or services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FlowCandy or our licensors except as expressly authorized by these Terms.
MATERIALS PROVIDED TO WWW.FlowCandy.COM OR POSTED ON ANY SELELRFLOWS WEB PAGE. FlowCandy does not claim ownership of the materials you provide to www.flowcandy.com or post, upload, input or submit to any FlowCandy’ Site or our associated services (collectively “Submissions“). However, by posting, uploading, inputting, providing or submitting your Submissions, you are granting FlowCandy, our affiliated companies and necessary sub–licensees permission to use your Submissions in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions. No compensation will be paid with respect to the use of your Submissions, as provided herein. FlowCandy is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in FlowCandy’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submissions, you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
INTERNATIONAL USERS. The Site is controlled, operated and administered by FlowCandy from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use FlowCandy’ content accessed through www.flowcandy.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless FlowCandy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site and/or services, any submissions made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FlowCandy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FlowCandy in asserting any available defenses.
WARRANTY DISCLAIMER. This Site and the services of FlowCandy are provided “as is” and without warranties of any kind, whether express or implied. To the full extent permissible pursuant to applicable law, FlowCandy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. FlowCandy does not represent or warrant that the functions contained in the Site or the services it offer swill be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the site available are free of viruses or other harmful components. FlowCandy does not make any warrantees or representations regarding the use of the Site or the services of FlowCandy in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
ARBITRATION. In the event FlowCandy and you, the user of FlowCandy’ Site and services, are not able to resolve any dispute arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association (“AAA”), or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims with respect to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.
CLASS ACTION WAIVER. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and FlowCandy agree otherwise, the arbitrator may not consolidate more than one individual’s claims, and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER. The information and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. FlowCandy may make improvements and/or changes in the Site at any time.
FlowCandy makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information or services for any purpose. To the maximum extent permitted by applicable law, all such information and services are provided “as is” without warranty or condition of any kind. FlowCandy hereby disclaims all warranties and conditions, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall FlowCandy be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site and/or services, with the delay or inability to use the Site and/or services, the provision of or failure to provide services, or for any information and services obtained through the Site and/or services, or otherwise arising out of the use of the Site and/or services, whether based on contract, tort, negligence, strict liability or otherwise, even if FlowCandy has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site and/or services, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the Site and/or services.
ADDITIONAL TERMS MAY APPLY TO SPECIFIC TRANSACTIONS; CONFLICTS BETWEEN TERMS. Depending upon the services utilized by the user of FlowCandy’s services, you acknowledge and agree that you may be required to enter into one or more separate agreements or waivers, which may contain different or additional terms and conditions. If a conflict exists between these Terms and the terms and conditions of a specific separate agreement, waiver or service, the terms and conditions of the specific agreement, waiver or service will control.
TERMINATION/ACCESS RESTRICTION. FlowCandy reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
GOVERNING LAW AND VENUE. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Wyoming and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Wyoming in all disputes arising out of or relating to the use of the Site and/or services. Use of the Site and/or services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
MISCELLANEOUS PROVISIONS. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FlowCandy as a result of this Agreement or your use of the Site and/or services. FlowCandy’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of FlowCandy’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and/or services, or information provided to or gathered by FlowCandy with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and FlowCandy with respect to the Site and/or services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FlowCandy with respect to the Site and/or services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
ERRORS & INACCURACIES. FlowCandy’s goal is to provide complete, accurate and up-to-date information on the Site and our services. Unfortunately, it is not possible to ensure that the Site and/or services are completely free of human or technological errors. The Site and/or services may contain typographical mistakes, inaccuracies or omissions, and some information may not be complete or current. FlowCandy reserves the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
CHANGES TO TERMS. FlowCandy reserves the right, in its sole discretion, to change the Terms under which www.flowcandy.com is offered. The most current version of the Terms will supersede all previous versions. FlowCandy encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US. FlowCandy welcomes your questions or comments regarding the Terms. You may contact us at the following email address: [email protected]
EFFECTIVE AS OF September 24th, 2020