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Terms & Conditions

Last updated: February 10, 2022

Welcome to Flockz Commercial Cleaning Service LLC (the “Company,” “Flockz,” “we,” or “us”). We provide the website located at flockzcommercialcleaningservice.com (the “Flockz Website”), as well as several Services. By “Services” we mean the Flockz Website or any digital media on which a link to this Terms and Conditions is displayed, and all other communications with individuals through written or oral means (such as email or phone) directed at accessing or using any service we offer.

1. Acceptance of Terms

The Services are subject to the following Terms and Conditions (the “Terms”) which form a binding agreement between you and us, and govern your use of our Website and the Services. You should read and familiarize yourself with the Privacy Policy prior to using any of the Services or features on our Website.

We reserve the right to update the Terms and/or the Flockz Services at any time. The most up-to-date version of the Terms will always be available on flockzcommercialcleaningservice.com. Violating these Terms may result in the suspension or deletion of Services.

  1. These Terms incorporate by reference the Flockz Privacy Policy. By using the Services, you agree to comply with the Terms and Privacy Policy. The right to use the Services is personal to you and is not transferable to any other person or entity.
  2. Flockz shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. Changed Terms

Flockz reserves the right at any time to change or modify the terms and conditions that apply to your use of the Website or Services, or any part thereof, or to impose new conditions, including but not limited to usage or service fees. Such changes, modifications, additions or deletions shall be effective immediately upon issuance of reasonable notice. Reasonable notice may take the form of postings on flockzcommercialcleaningservice.com, email notifications, conventional mailings, or other commercially viable means. Any use of flockzcommercialcleaningservice.com after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions. You understand and agree that these Terms may be entered into electronically and you further agree that Flockz may provide information or updates to you relating to the Services or these Terms, including materially relevant information, by electronic means, including through its Website, by electronic mailing, or any commercially reasonable method of electronic communications. You agree that to accept such means of communication. Notwithstanding the foregoing, Flockz reserves the right to communicate with you through paper format, via United States postal mail, FedEx, UPS, facsimile transmission, or other means so long as such means of communication are commercially reasonable.

3. Conduct

  1. You shal l use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Flockz’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in Flockz’s discretion restricts or inhibits any other Flockz customer, client or Services user from using or enjoying the Services will not be permitted. You shall not use the Services to advertise or perform any commercial solicitation of users to become subscribers of other information services that compete with Flockz’s Services.
  2. Flockz Services contain copyrighted material, trade secrets, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound; the entire contents of the Website are copyright protected under the United States and international intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, reverse engineering, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Flockz and the intellectual property owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
  3. You shall not upload, post or otherwise make available on flockzcommercialcleaningservice.com any material that is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining respective intellectual property ownership in these situations rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting de-identified material to Public Areas of the Service (as defined in the Flockz Privacy Policy), you automatically warrant that the owner of such material has granted Flockz the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Services to access, view, store or reproduce the material for that user’s personal use. You hereby grant Flockz the right to edit, copy, publish, use, and distribute any material that you make available to Flockz on or through the Website.
  4. The foregoing provisions of Section 5 are for the benefit of Flockz, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

4. Use of Flockz Services

The Flockz Service includes but is not limited to: delivery of its Services, including by sharing your information with third party logistics companies in connection with such Services; providing Customer support related to the services; addressing user complaints; improving the Services and the Website; provide notice about your account, including expiration, renewal, and delivery notices; communication with Customers in connection with the Services, or allowing vendors to communicate with you in connection with the services, via e-mail, phone or SMS/text message; or enforcing or exercising any rights in the Flockz Privacy Policy. By way of example, and not as a limitation, you agree that when using the Services, you will not:

  • Deliver any unsolicited promotional materials, surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Flockz Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Deliver any unsolicited advertisement or offer to sell or buy any goods or services for any business purpose.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Flockz Service.
  • Violate any code of conduct or other guidelines which may be applicable for the Flockz Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others, including Flockz.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
  • Use outputs from Flockz to build products or services that compete with the Services or in a manner inconsistent with these Terms.

Flockz has no obligation to monitor the Website. However, Flockz reserves the right to review materials posted to the Website and to remove or modify any materials and content in its sole discretion. Acting in a manner proscribed above is considered a material breach of these Terms and Flockz reserves the right to terminate your access to its Service in that instance without notice. Flockz reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, all in Flockz’s sole discretion.

Materials uploaded to the Website may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if you download the materials.

Always use caution when giving out any personally identifiable information in any website. Except as to information created or communicated by Flockz, we do not control or endorse the content, messages or information found on the Website and, therefore, Flockz specifically disclaims any liability with regard to the Website and any actions resulting from your participation on the Website.

5. Representations and Attestations

You understand and acknowledge you must exercise independent judgment when evaluating and verifying any and all information contained in on the Website and any Services offered therein for download, viewing, or use.

6. Notice Specific to Documents that Are Available on The Website

Permission to use documents that may appear on the Website (such as white papers, press releases, datasheets and FAQs) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents is for informational and non-commercial or personal use only and such documents will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties.

7. Materials Provided to Flockz or Posted on its Website

  1. Flockz does not claim ownership of the material that you provide to Flockz while using Flockz’s Services, including feedback, suggestions, postings, uploads, or input or submit to any Flockz site or our associated services (collectively, “Submission(s)”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Flockz, our affiliated companies and necessary sublicensees permission to use your Submission 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 Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submissions, as provided herein. By Posting Submissions you warrant and represent to own or otherwise control all of the rights to your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
  2. IT IS SOLELY YOUR RESPONSIBILITY TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE DATA TO US.

8. Disclaimer of Warranty; Limitations of Liability

Except as provided below in the Indemnification section of these Terms:

  1. USER EXPRESSLY AGREES THAT USE OF FLOCKZ’S SERVICES IS AT USER'S SOLE RISK. NEITHER FLOCKZ, NOR ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT FLOCKZ’S SERVICES WILL BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE­­­­­, OR AS TO THE ACCURACY, RELIABILITY, CONTINUATION OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE. FOR FURTHER CLARITY, USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE FLOCKZ SERVICES AND WEBSITE MAY NOT BE OPERATIONAL AT ALL TIMES. FLOCKZ MAKES NO WARRANTIES AS TO THE FUNCTIONALITY AND AVAILABILITY OF THIRD-PARTY WEBSITES AND MAKES NO GUARANTEES AS TO FLOCKZ’S WEBSITE 24/7 ACCESSIBILITY, AS CHANGES TO THIRD-PARTY WEBSITES MAY CAUSE OUTAGES THAT ARE OUT OF FLOCKZ’S CONTROL.
  2. FLOCKZ PROVIDES THE SERVICES ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FLOCKZ IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  4. IN NO EVENT WILL FLOCKZ, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITES.
  5. FORCE MAJEURE: NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. THIS INCLUDES WITHOUT LIMITATION, ACTS OF GOD, WAR, GLOBAL PANDEMIC, DOMESTIC OR REGIONAL EPIDEMIC, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATION FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD-PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM OCCURENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
  6. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL FLOCKZ OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF FLOCKZ SERVICES, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE FLOCKZ SERVICES. 

9. Links to Third Party Sites

Links to third party sites may appear on Website or Services. Clicking these links may direct you away from the Website; Flockz is not responsible for the content that you may encounter on any of these third-party sites. Should these links ever be provided through the Services, they will be provided only as a convenience for you and the inclusion of said links does not imply an endorsement of any kind.

Should Flockz supply you with links to third party sites, it would do so only as a distributor as opposed to a publisher of the content supplied by third parties. Any opinions, advice, statements, services, offers, or other information that are expressed or made available by third parties, including information providers, customers of Flockz or any other user of Services, are those of the respective author(s) and not of Flockz. If any linked site obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Please read our privacy policy which describes how we collect and use your personal information. When you use our services to purchase products or services from a third-party linked site, you are purchasing that product or service directly from the third party linked site. Your order is placed with, filled by, and shipped by that third-party linked site. We have no involvement in any shipment, fulfillment, returns, or refunds associated with any products or services that you purchase from a third-party seller or linked site. You understand that you must contact the third-party site directly for inquiries related to your purchase, including but not limited to: returns, shipping, customer service, refunds, or general information. By using our services, you expressly represent and warrant that you will abide by and will not violate any policies, rules, terms, or conditions of that third party linked site.

10. Monitoring

Flockz shall have the right, but not the obligation, to monitor the content of the Website, in its discretion and to satisfy any law, regulation or authorized government request. Flockz shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on flockzcommercialcleaningservice.com if and when such features of the site are activated. Without limiting the foregoing, Flockz shall have the right to remove any material that Flockz, in its sole discretion, finds to be in violation of the Terms or is otherwise objectionable.

11. Indemnification

You agree to defend, indemnify and hold harmless Flockz, its affiliates and their respective directors, officers, employees and agents from and against any actual or alleged claims, actions, demands, costs, fees, liabilities, expenses, and settlements (including, without limitation, reasonable legal, accounting and expert  fees), arising from or related to your tortious, grossly negligent, or intentional misconduct in connection with any use of the Services by you or in association with your account.

12. Term and Termination

We may for reason, with or without prior notice to you: (a) modify, limit, suspend, discontinue, or terminate, in whole or in part, any portion of the Flockz Website or the delivery of the related Services, including or arising from without limitation, revocation of your product key or other access tools; and (b) monitor, modify any aspect of, limit, suspend, discontinue or terminate your use of or access to any or all the Flockz Website as commercially reasonable or upon your actual or anticipated breach of these Terms or any other agreements between you and Flockz, or your violation of any applicable laws, rules, regulations relating to your use of Services. We reserve the right to temporarily or permanently disable, discontinue, deactivate, or otherwise terminate from existence our Website and any affiliated websites, and any services provided therein.

Your access to and use of the Flockz Website is subject to compliance with all of the terms and conditions set forth in these Terms. Flockz reserves the right, at its sole discretion, to deny further or continuing access to the Flockz Website to any user, including, without limitation, any user that Flockz determines, in its sole judgment, has violated, or is likely to violate, any aspect of this Agreement or any applicable law, rule or regulation. Without limiting the foregoing, Flockz shall have the right to terminate your accounts immediately in the event of a material breach of these Terms.

13. Miscellaneous

These Terms are intended to be read and understood in conjunction with Flockz’s Privacy Policy and any other written agreement between Flockz and you or your institution or organization. Together, these agreements constitute the entirety of the agreement between these parties with respect to the subject matter hereof, and they supersede any and all agreements with respect to the subject matter at hand. These Terms, like the other agreements that are mentioned in this paragraph, are to be construed in accordance with the laws of the United States and the State of New York, without regard to its conflict of laws rules. You hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York City, New York. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees and costs of collection, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our policies, or your use of our Services. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any one or more of the provisions of these Terms shall be determined to be invalid, unenforceable or illegal, such determination shall not affect any other provisions of this Agreement and the invalid, unenforceable or illegal provision(s) shall be automatically amended to the extent necessary to make it valid, enforceable and legal, provided that any such amendments shall most closely reflect the intent and purpose of the original provision. The provisions of this Agreement that by their terms are perpetual or are otherwise intended to survive this Agreement (including but not limited to all covenants, agreements, representations and warranties you have made in this Agreement) shall survive the termination of these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to our Services and/or use of our Website or the Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. This Agreement shall be binding upon and inure to the benefit of your and our permitted successors and assigns.  You shall not assign or transfer this Agreement, in whole or in part, or any of its rights or duties hereunder, without our prior written consent. Any assignment made by you without the required prior written consent shall be wholly void and invalid, the assignee shall acquire no rights whatsoever, and we shall not recognize, nor shall it be required to recognize, the assignment.

You are fully responsible for all of your activities in using the Services, including the Flockz Services, and including those activities carried out by, and the acts or omissions of, all persons who access and/or use the Flockz Website or Service by or through, or as a result of, your acts or omissions. You shall ensure that all such persons who access the Website, comply with: (i) this Agreement; (ii) all other agreements with, and requirements, and restrictions of Flockz, our officers, directors, affiliates, control persons, employees, vendors, licensors, representatives, agents, successors and assigns, and any direct and indirect third party licensors, service providers, subcontractors and sources, including third party websites, of any content offered or provided by Flockz; (iii) all applicable federal, state and local laws, rules and regulations; and (iv) all laws, orders, and restrictions, domestic and international, and all applicable international treaties, regarding the transmission and/or exportation of data and software products from or to the United States. If you become aware of any breaches or violation of any of the foregoing, you shall immediately notify Flockz thereof in writing, including by sending an email with the requisite detailed information to flockzcommercialcleaningservice.com.

14. Copyright Notice

All content included in or made available through any Services, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Flockz or its content suppliers and protected by United States and international copyright laws. Copyright and other relevant intellectual property rights exist on all text relating to Flockz’s Services including the full content of the Website. The compilation of all content included in or made available through any Services is the exclusive property of Flockz and is protected by U.S. and international copyright laws.

15. Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Flockz Services are trademarks or trade dress of Flockz in the United States and other countries. Flockz’s trademarks and trade dress may not be used in connection with any product or service that is not Flockz’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Flockz. All other trademarks that are not owned by Flockz that appear in any Flockz Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Flockz.  

Any rights not expressly granted herein are reserved.

©2022, Flockz Commercial Cleaning Service LLC