Terms of Service

Welcome to MloFlo

These Terms of Use (“Terms”) constitute a legally binding contract between MloFlo (“we,” “us,” or “our”) and you with respect to your legal rights and obligations. These Terms govern:

  • (a) Your access to and use of the MloFlo website and any application for your mobile or other device (collectively, the “Application”).
  • (b) Any resources, services, products, documents, materials, and tools made available by us through the Application (collectively, the “Services”).

IT IS IMPORTANT THAT YOU CAREFULLY READ THESE TERMS BEFORE USING OR ACCESSING THE SERVICES. BY ACCESSING AND REGISTERING FOR OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND SIGNIFY YOUR IRREVOCABLE ACCEPTANCE TO BE LEGALLY BOUND BY THESE TERMS.

We may modify, update, add, or delete portions of these Terms without notice to you. You agree to periodically review these Terms to ensure that you are aware of any modifications. Your continued access or use of the Services following any such changes constitutes your acceptance of the revised Terms. If you do not agree with these Terms, your sole recourse is to immediately terminate your use of the Services, in which case you will no longer have access to your Account (defined in Section 2 below).

1. Definitions

The following terms shall be defined as set forth below:

  • “Person” shall mean any natural person, partnership (whether general or limited), limited liability company, corporation, trust, estate, association, custodian, nominee, or any other individual or entity in its own or any representative capacity.
  • “Registered Project” shall mean a real estate transaction that has been registered by a Registered User with MloFlo in connection with the Services.
  • “Registered User” shall mean a Person who has registered for an account with MloFlo.
  • “Services” shall mean the provision of web-based real estate transaction management and coordination services as described in these Terms and through the Application.
  • “Service Fees” shall mean the monthly or annual fees set forth in the Service Order to be paid by the customer to MloFlo as consideration for our provision of the Services, excluding usage fees, taxes, or regulatory fees or surcharges, which the customer must pay in addition to the Service Fees.
  • “Transaction Information” shall mean documents, materials, and information relating to a Registered Transaction that is provided to MloFlo by a User or communicated by a User through the Services.
  • “User” shall mean any Registered User or other Person who has the right to access or use the Services.

2. Services

The Services constitute an interactive technology platform that enables Users to upload, download, and exchange information to more efficiently manage and coordinate a real estate transaction.

Please understand that our Services are provided solely to facilitate an exchange of information between Users of the Services and for no other purposes. We do not provide financial services, broker services, real estate agent services, insurance services, or legal services. For example, any information compiled or exchanged through our Services from a lending professional should not be considered an offer for a loan.

MloFlo is not responsible or liable for any part of the underlying transaction and makes no representation or warranty regarding the accuracy of any Transaction Information transmitted or exchanged through the Services or on behalf of any User of the Services.

3. Access to the Services

MloFlo requires that you register for an account to access or use the Services. As part of the registration, you may be asked to provide certain personal identifying information or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You may not use false information, impersonate any person or entity, or otherwise mislead as to your identity. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to the Services and to terminate or suspend your access at any time.

You are responsible for safeguarding any password that you use to access the Services, for any activities or actions under your Account and password, and for promptly informing MloFlo if you believe that your Account or password has been compromised or if there is any other reason you need to deactivate a password. We will not be liable for any loss or damage arising from your failure to comply with these Terms.

You may only access and use the Services if your applicable jurisdiction allows you to accept these Terms. MloFlo may immediately terminate your Account or suspend access to your Account, in its sole discretion and without notice, for conduct that we believe is:

  • (a) Illegal, fraudulent, harassing, or abusive;
  • (b) A violation of these Terms or any other policies or guidelines posted by MloFlo; or
  • (c) Harmful to other users, third parties, or our business interests.

4. License Grant

Subject to your compliance with these Terms, we hereby grant you a personal, limited, non-assignable, and non-exclusive license to:

  • (a) Access and use the Services on compatible devices only for its intended purpose and solely in connection with a Registered Project; and
  • (b) Use relevant Transaction Information made available through the Services (to the extent of our rights in such Transaction Information) solely in connection with the Services and a Registered Project.

We may revoke these rights in our sole discretion at any time and for any reason. You may not (other than as required to facilitate the relevant Registered Project):

  • (i) Publish, distribute, license, lease, sell, or otherwise commercialize any Transaction Information or rights to use or access the Transaction Information; or
  • (ii) Use or disclose the Transaction Information in any manner that would violate the rights of any Person.

5. Restrictions on Use

You agree not to (and not to allow any third party to):

  1. Use, copy, adapt, translate, modify, sublicense, sell, publish, distribute, or otherwise commercialize any portion of the Services other than to the extent that you are expressly licensed to do so under these Terms;
  2. Rent, lease, or otherwise transfer rights to use or access the Services, or knowingly allow any person to access the Services in violation of these Terms;
  3. Reverse engineer, decompile, disassemble, or create any derivative works from the Services, or use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or any information from the Services;
  4. Transmit any content or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  5. Use any device, software, process, or routine or transmit any material that will, or attempt to:
    • (i) Interfere, interrupt, destroy, or limit the functionality of the Services or interfere with any person’s use or enjoyment of the Services;
    • (ii) Retrieve, index, “data mine,” or reproduce the Application or the Content therein, or circumvent authentication and security measures; or
    • (iii) Harvest or collect information about any users without their express consent;
  6. Transmit any information that is known by you to be fraudulent, false, inaccurate, misleading, or deceptive;
  7. Transmit any information that consists of or includes solicitations, advertisements, spam, or unsolicited material, or violates in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
  8. Transmit any information that violates or infringes any intellectual property or other right of any person, including without limitation trademarks, copyrights, privacy rights, or confidentiality rights;
  9. Use and disclose any personal information of another Person transmitted in connection with the Services, unless otherwise lawfully authorized; and
  10. Use the Services for any fraudulent purposes or to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.

You must use the Services in compliance with all laws and, when using any mobile applications to access the Services, in compliance with applicable third-party terms (e.g., your wireless data service agreement).

MloFlo reserves the right (but does not have any obligation) to monitor and review your Account information and any User Content (defined below in Section 10) transmitted by you or others in connection with the Services to determine compliance with these Terms or to detect illegal activity. MloFlo reserves the right, in its sole discretion, to refuse service, terminate your account, or remove or edit any User Content.

6. DO NOT USE WHILE DRIVING

You agree, represent, and warrant that YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ACCESS, VIEW, OR USE THE SERVICES WHILE DRIVING OR OTHERWISE OPERATING A VEHICLE OF ANY KIND (including, without limitation, a car, truck, motorcycle, motor scooter, or bicycle) or operating any dangerous equipment or machinery. Using any handheld device in these circumstances is extremely dangerous and can result in property damage, physical injuries (including dismemberment), or death. You further agree that you will not use or access the Services in any manner that places yourself or any other person at risk of injury. Under no circumstance will any of the MloFlo Parties (defined below in Section 18) assume any responsibility or liability for the consequences of driving decisions made by you. You expressly agree that no MloFlo Party shall be liable for any choices made by you or at your suggestion while driving or for any damages, injury, or other harm caused by your use of or accessing the Application or other Services while driving, operating equipment or machinery, or otherwise in a dangerous and unsuitable manner, and waive any claims or causes of action you may have, now or in the future, arising from or relating to the same.

7. Communications

MloFlo may send you SMS text messages to provide you information in connection with the Services or as otherwise described in our Privacy Policy. You hereby expressly consent to receiving any such SMS text messages on any and all mobile devices you register with us. In order to use the SMS-based Services, you must maintain an active account with a telecommunications carrier for mobile devices. You agree to notify us immediately in the event you no longer subscribe to any mobile number previously registered with us.

8. Technical Requirements

Use of the Services requires Internet access. You are responsible for all charges relating to telecommunications, Internet services, mobile carrier services, and other hardware and software in connection with your access to and use of the Services, including charges accruing from any notifications provided to you in connection with the Services. MloFlo does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. The user interface and functionality may not be the same across all platforms and devices.

9. Proprietary Rights

The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries, as applicable. MloFlo and the MloFlo logo, design, and graphics are trademarks of MloFlo. Nothing in these Terms gives you a right to use the MloFlo name or any of our trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services and the intellectual property rights therein, as well as the look and feel of the Application, are and will remain the exclusive property of MloFlo and its licensors, respectively.

All information, documents, materials, and other content made available through the Services (collectively, the “Content”) are provided to you by MloFlo or its partners or licensors solely to support your permitted use of the Services. The Content may be modified from time to time by MloFlo in its sole discretion and without notice. Except as expressly set forth in these Terms, no license, right, or interest is granted to you for any other purpose, and any other use of the Services or the Content by you shall constitute a material breach of these Terms. MloFlo and its partners or licensors retain all rights in the Services and Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights.

10. User Generated Content

You are solely responsible for all Content and communications that you submit, post, input, upload, or otherwise transmit (collectively, “Transmit”) in connection with the Services (collectively, “User Content”), and for your Account generally. You represent and warrant that you have the right, power, and authority necessary to Transmit any User Content and that the User Content is true, accurate, and complete, and not in violation of any contractual restrictions or other third-party rights.

MloFlo is not the publisher or author of any User Content. We do not endorse, support, represent, or guarantee the validity, legality, completeness, truthfulness, accuracy, suitability, or reliability of any User Content or any opinions expressed in connection with the Services. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of or reliance on any User Content.

You hereby grant to MloFlo a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, reproduce, modify, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit throughout the world in any media, any User Content you Transmit in connection with the Services, in each case, for any purpose whatsoever (commercial or otherwise), without compensation to you or any other Person. Any feedback, comments, or suggestions you may provide regarding the Services are entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

MloFlo takes no responsibility and assumes no liability for any User Content Transmitted by you or any other user or third party. You agree to indemnify and hold any MloFlo Party harmless in the event MloFlo is named as a defendant in an action related to your User Content. You hereby affirm that we have the right to determine whether any User Content you Transmit is appropriate and complies with these Terms, to remove any and/or all of your submissions, and to terminate your Account with or without prior notice. You understand and agree that any liability, loss, or damage that occurs as a result of any use of any User Content that you make available or access through your use of the Services is solely your responsibility. MloFlo is not responsible for any public display or misuse of any User Content.

MloFlo does not, and cannot, pre-screen or monitor all User Content; however, at our discretion, we, or technology or agents we employ, may monitor and/or record your interactions with the Services and your submission(s) of User Content.

11. Intellectual Property Infringements

We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged infringement that comply with applicable law and are properly provided to us. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide a written notice to MloFlo’s Agent for Notice (listed below) with the following information:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the site;
  3. Your address, telephone number, and email address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner; and
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Our designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

  • Name of Agent for Notice: Customer Support
  • By Mail: 10575 68th Avenue, Suite C, Seminole, FL 33772
  • By Email: support@mloflo.com

Attachments will not be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

12. Privacy

We respect your privacy. Although we cannot and do not guarantee the security of our systems, we are committed to reasonable measures to safeguard personally identifying information you may share with us in connection with the Services. Any User Content that you transmit in connection with the Services is subject to our Privacy Policy, which governs our collection and use of personal information. You understand that, through your use of the Services, you consent to the collection and use (as set forth in the Privacy Policy) of User Content, including the transfer of this information within the United States and/or other countries for storage, processing, and use by MloFlo. We reserve the right to access, read, preserve, and disclose any User Content as we reasonably believe is necessary, including without limitation, as necessary to:

  • (a) Satisfy any applicable law, regulation, legal process, or governmental request;
  • (b) Enforce these Terms, including investigation of potential violations thereof;
  • (c) Detect, prevent, or otherwise address fraud, security, or technical issues;
  • (d) Respond to user support requests; or
  • (e) Protect the rights, property, or safety of MloFlo, its users, and the public.

You shall comply with the Privacy Policy and all applicable privacy and information security laws, including without limitation, security breach notification laws.

13. User Representations

You represent and warrant that:

  1. (i) You are at least 18 years of age and possess the full legal right, capacity, and authority to enter into these Terms and to perform your obligations hereunder, including without limitation, those related to the access and use of the Services;
  2. (ii) Your access to and/or use of the Services is intended to, and does in fact, constitute an electronic execution of and acceptance of these Terms, which has been duly authorized by all necessary action on your part;
  3. (iii) You have all necessary right, power, and authority to grant the licenses and rights you have granted to MloFlo in these Terms;
  4. (iv) These Terms constitute a valid and legally binding obligation of you, enforceable against you in accordance with their terms;
  5. (v) You will provide true, accurate, current, and complete information in connection with your use of the Services;
  6. (vi) You will not provide the name, address, email address, phone number, or other personally identifiable information of any Person under the age of 13; and
  7. (vii) Your use of the Services complies with any and all applicable laws.

You acknowledge and agree that:

  • (i) Except for this Agreement, the Privacy Policy, the Subscription Plan (defined in Section 15 below), and any addendum or amendment to such documents, MloFlo is not and shall not be deemed a party to any transaction or document entered into by you or any other Person in connection with a Registered Project or any other transaction managed or facilitated by the Services;
  • (ii) MloFlo makes no representation or warranty regarding, and shall not be liable for, the validity, legality, enforceability, accuracy, completeness, suitability, or appropriateness of the Content, including without limitation, any document produced or transaction managed or facilitated in connection with the Services and/or Application capabilities;
  • (iii) MloFlo makes no representation or warranty and shall not be liable for the ability or inability to access, view, and/or receive Transaction Information or documents in connection with the Services;
  • (iv) MloFlo has no responsibility or liability whatsoever for the deletion, corruption, or failure to store any Content or User Content maintained or transmitted in connection with the Services;
  • (v) You are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services.

You acknowledge and agree that:

  • (i) You are solely responsible for determining whether the documents produced in connection with the Services and any Person’s execution of such documents complies or does not comply with applicable laws;
  • (ii) You are solely responsible for determining what notification or information must be provided or disclosed to relevant Persons involved in a transaction facilitated or managed by the Services;
  • (iii) Any legal information or documents transmitted by MloFlo in connection with the Services is not legal advice and is not guaranteed to be correct, complete, or current; and
  • (iv) Neither MloFlo nor the Services provide, or should be construed as providing, legal services, financial services, broker services, title services, or real estate agent services—If you are seeking advice in these fields, you should consult a professional.

A breach of any of your representations or warranties is grounds for immediate cancellation of the rights and the Services offered to you hereunder.

14. Professional Accounts

Real estate professionals, financial professionals, insurance professionals, and other professionals transmitting Content relating to a Registered Transaction or otherwise providing services related to a Registered Transaction (“Professionals”) shall register with MloFlo as a professional and create a professional Account. Subject to and conditioned on compliance with all of the terms of this Agreement, Professionals are permitted to promote their services on the Application only through features offered by MloFlo for Professional Accounts (the “Professional Features”). No Professional shall be authorized to access or use the Services or shall represent themselves as a professional, directly or indirectly, through the Services or to any User, unless such Professional holds a duly issued and valid license from, and is in good standing with, an appropriate licensing agency or body and is authorized to provide such services in the State of Florida. Professionals shall promptly notify MloFlo:

  • (i) If such Professional’s license has been terminated, revoked, suspended, or restricted in any manner; or
  • (ii) If any complaint, action, or proceeding has been filed against such Professional or in connection with services rendered by such Professional.

All the terms and conditions of this Agreement apply to any Professional Accounts. The MloFlo Professional Features are subject to modification, change, or discontinuance by MloFlo at any time and for any reason. You acknowledge and agree that your use of the Professional Features or the Services does not, and is not intended to, create any agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship.

15. Fees & Refund Policy

Access to and use of the Services by Professionals is provided on a subscription basis. Information regarding the subscription plans (each, a “Subscription Plan”), along with a description of the Services and access rights afforded in connection with each Subscription Plan, is provided on our website. We reserve the right to modify our fees and/or implement other pricing models in the future at any time for any reason upon notice to you through posting on our website or notification by email. Any increase in fees or change in pricing models will be prospective only, commencing after expiration of the then-current subscription period. We may from time to time add offerings or services for which we may charge additional fees; however, we will not charge you for such additional offerings or services without first obtaining your consent.

You agree to pay all applicable fees (“Service Fees”) in connection with your selected Subscription Plan(s), including any applicable taxes, duties, filing fees, levies, tariffs, or any other federal, state, municipal, or governmental charges (collectively, “Taxes”) arising out of or in connection with the Services, other than Taxes directly related to MloFlo’s revenue. ALL payments made to MloFlo are non-refundable.

Unless otherwise agreed to by MloFlo in writing, you must have a credit card to subscribe for the Services. Your credit card will be automatically charged for all fees incurred under your selected Subscription Plan, and you agree that we are not required to send you any advance notice or confirmation that your credit card will be or has been charged pursuant to your selected Subscription Plan. If we are unable to charge a payment to your credit card or are otherwise unable to obtain payment for Services when due, we have the right to immediately suspend or terminate your access to the Services until we receive such outstanding amounts.

16. Cancellation Policy

Cancellations must be made through the platform by navigating to the “Billing” tab located under the “User Profile” section in the top right corner of the interface. To avoid being charged for the upcoming billing cycle, the cancellation request must be submitted at least 15 days before the next billing cycle begins. If the cancellation is not requested within this time frame, the user will be charged for the additional month.

17. Hyperlinks

Our Services may be hyperlinked to other sites which are not maintained by, or related to, MloFlo. Unless otherwise expressly stated by MloFlo, a hyperlink to any third-party site is provided only as a convenience to Users and is not sponsored by, endorsed by, or affiliated with MloFlo. We may not review such hyperlinked sites and are not responsible for the content of such sites. Any use or access of hyperlinks is at your own risk, and we make no representations or warranties about the content, completeness, or accuracy of any hyperlinks or the sites hyperlinked to our Services.

18. Disclaimer and Limitations of Liability

You acknowledge and agree that the following disclaimers and limitations of our liability apply to the maximum extent permitted under applicable law of the relevant jurisdiction.

DISCLAIMERS.

THE SERVICES, AS WELL AS ALL CONTENT PROVIDED TO YOU IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND FROM MLOFLO. YOUR ACCESS TO AND USE OF THE SERVICES, OR RELIANCE BY YOU ON ANY CONTENT, IS AT YOUR OWN RISK. MLOFLO HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT.

MLOFLO MAKES NO REPRESENTATION OR WARRANTY AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR:

  • (a) THE VALIDITY, LEGALITY, COMPLETENESS, ACCURACY, AVAILABILITY, SUITABILITY, RELIABILITY, TIMELINESS, RESULTS, OR SECURITY OF THE SERVICES, OR ANY CONTENT, DOCUMENT, OR MATERIAL OR USER CONTENT PRODUCED OR TRANSMITTED IN CONNECTION THEREWITH;
  • (b) ANY INTERFERENCE OR SUSPENSION OF SERVICES OR ANY LOSS, NON-DELIVERY, CORRUPTION, DESTRUCTION, OR DELETION OF CONTENT OR USER CONTENT TRANSMITTED BY YOU OR OTHERWISE PRODUCED OR DELIVERED IN CONNECTION WITH THE SERVICES; OR
  • (c) ANY INTERRUPTION OR DAMAGE TO YOUR BUSINESS OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ABILITY OR INABILITY TO ACCESS OR USE THE SERVICES.

YOU UNDERSTAND THAT NO ADVICE OR INFORMATION OBTAINED BY YOU IN CONNECTION WITH THE SERVICES SHALL CREATE ANY WARRANTY OR REPRESENTATION.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL ANY MLOFLO PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER. YOU SPECIFICALLY AGREE THAT MLOFLO SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR UNAUTHORIZED ACCESS TO, USE, ALTERATION, TRANSMISSION, OR FAILED TRANSMISSION OF CONTENT AND/OR USER CONTENT OR ANY TRANSACTION, DOCUMENT, OR MATERIAL CREATED OR DELIVERED IN CONNECTION WITH THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100.00) OR THE AMOUNT PAID BY YOU, IF ANY, TO MLOFLO IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. UNDER NO CIRCUMSTANCES SHALL WE, OUR SERVICE PROVIDERS, SUPPLIERS, AND DISTRIBUTORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

YOUR SOLE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES.

THESE LIMITATIONS OF LIABILITY SHALL APPLY IRRESPECTIVE OF WHETHER WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES.

19. Indemnification

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD MLOFLO, OUR LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS, AND REPRESENTATIVES, AND EACH OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ASSIGNS (COLLECTIVELY, THE “MLOFLO PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, AND COSTS (INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO (A) YOUR BREACH OF THESE TERMS AND/OR THE PRIVACY POLICY, (B) ANY USER CONTENT YOU TRANSMIT IN CONNECTION WITH THE SERVICES, (C) YOUR USE OF OR MISUSE OF OR ACTIVITIES IN CONNECTION WITH THE SERVICES, AND/OR (D) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.

You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

20. Termination

MloFlo may suspend your ability to use all or any element of the Services or terminate these Terms effective immediately, without any notice or explanation. Without limiting the foregoing, MloFlo may suspend your access to the Services if we believe you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to re-establish an Account. You agree that MloFlo shall not be liable to you for any termination of these Terms or for any effects of any termination of these Terms.

You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content you stored in your Account for which MloFlo will have no liability whatsoever.

In all such cases of termination of your Account, these Terms shall terminate, including, without limitation, your license and right to use the Application and other Services, except that any sections that by their nature should survive shall continue to apply. You shall also remain responsible for any outstanding fees, charges, or penalties owed to MloFlo.

21. General Terms

You acknowledge and agree that all your representations, warranties, and covenants contained in your Service Agreement with MloFlo are hereby incorporated into these Terms. A breach of any representation, warranty, or covenant of your Service Agreement is grounds for immediate termination of the rights and the Services offered to you hereunder.

You agree to abide by and comply with all applicable local, state, national, and international laws and regulations (including applicable laws that pertain to the transmission of technical data, privacy, the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property).

The laws of the State of Florida, excluding conflict of law provisions, will govern these Terms and all matters arising out of or related to these Terms. You agree to submit to the jurisdiction of the courts of the State of Florida and agree to venue in the state and federal courts located in Tampa, Florida, and waive any objection based on personal jurisdiction.

These Terms, including the Privacy Policy and Subscription Plan, as amended from time to time according to their terms, shall constitute the entire agreement between you and MloFlo with respect to the Services (excluding any services for which you have a separate agreement with MloFlo that is explicitly in addition or in place of this Agreement), and shall supersede all prior agreements, arrangements, representations, or promises, whether oral or written, as to its subject matter.

Neither party shall be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure, or any other cause beyond its reasonable control.

No waiver by either party of any default by the other in the performance of any provisions of these Terms shall operate as a waiver of any continuing or future default, whether of a like or different character.

You may not assign or transfer these Terms without MloFlo’s prior written consent. Any attempt by you to assign or otherwise transfer these Terms without MloFlo’s consent shall be null and void. MloFlo may assign or otherwise transfer these Terms without obtaining your prior written consent.

If any provision of these Terms (or any portion thereof) shall be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of these Terms shall not in any way be affected or impaired thereby.

The relationship between you and MloFlo is solely that of independent contracting parties. Nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.

The parties may give notice to each other via email, SMS messaging, fax, or certified mail. Notices sent to MloFlo should be directed to support@mloflo.com. Notices sent to you will be sent by SMS messaging to the phone number you provided during registration or to the email address you provided during registration of an Account.

You agree to be bound by any affirmation, assent, or agreement you transmit by computer or other electronic device. You agree that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

You acknowledge that MloFlo reserves the right to refuse the Services to anyone and to cancel your access at any time.

By using MloFlo’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.