Terms of Service

Last Updated: March 18, 2021

Thank you for your interest in the Buildings411 application for your mobile device (the "App") provided to you by Flowt Inc., a Delaware Corporation ("Buildings411", "us" or "we"). These Terms of Service (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Application. These Terms constitute a legal agreement between you and Buildings411. In order to use the Application you must agree to these Terms.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Application in any manner, and each of your heirs, assigns, and successors. 

If you use the Application on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APPLICATION.

Application. Buildings411 provides an Application whereby users can post written complaints, reviews, opinions, and/ or photos of problems they are having inside their building or other buildings. Users can also communicate with other users by posting topics and/or comments about varying subjects. User’s written complaints, reviews, opinions, topics, comments and/ or photos and not endorsed by Buildings411, and do not represent the views of Buildings411 or of any affiliate or partner of Buildings411s. Buildings411 has no control over the quality, safety, or legality of any aspect of users written complaints, reviews, opinions, topics, comments and/ or photos or any claims made by users or the truth or accuracy of the written complaints, reviews, opinions, topics, comments and/ or photos supplied by users to Buildings411. All written complaints, reviews, opinions, topics, comments and/ or photos made by users are made at their own discretion. Buildings411 has customer information and privacy policies as set forth in its Privacy Policy, which is fully incorporated herein by reference.

ANY WRITTEN COMPLAINTS, REVIEWS, OPINIONS, TOPICS, COMMENTS AND/OR PHOTOS POSTED BUY USERS DO NOT REPRESENT THE VIEWS OF Buildings411. Buildings411 SOLELY PROVIDES THE PLATFORM THROUGH WHICH YOU POST WRITTEN COMPLAINTS, REVIEWS, OPINIONS, TOPICS, COMMENTS AND/OR PHOTOS . THE PROVISION OF THE OPINIONS BY YOU IS THEREFORE SUBJECT TO ANY AGREEMENT BETWEEN YOU AND ANY BUILDING, LANDLORD, MANAGEMENT COMPANY, OR ANY OTHER THIRD PARTIES. Buildings411 IS NEVER A PARTY TO ANY SUCH AGREEMENT AND YOU HEREBY AGREE TO RELEASE Buildings411 FROM ALL LIABILITY AND CLAIMS ARISING FROM ANY ACTS OR OMISSIONS OF SUCH AGREEMENT.

In addition, Buildings411 does not guarantee the accuracy of the user’s posts, written complaints, reviews, opinions, topics, comments and/ or photos and does not independently verify, and is not liable for, representations made by users regarding their Posts on the Application.

• The Application is licensed, not sold to you, and you may use the Application only as set forth in these Terms;

• Your use of the Application may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;

• The Application is provided "as is" without warranties of any kind, and Buildings411 liability to you is limited; and Disputes arising under these Terms will be resolved by binding individual arbitration. 

• You consent to the collection, sharing, and use of your personally identifiable information in accordance with Buildings411’s Privacy Policy;

Use of the Buildings411 Service. The Buildings411 Service offers you an Application to post written complaints, reviews, opinions, topics, comments and/ or photos. Buildings411 is not responsible for inaccuracies or liabilities stemming from the posts, written complaints, reviews, opinions, topics, comments and/ or photos.

BY USING THE Buildings411 SERVICES, YOU AGREE TO THE FOLLOWING RESTRICTIONS ON YOUR USE OF THE Buildings411 SERVICE:

You warrant that the information you provide to Buildings411 is accurate and complete. Buildings411 is entitled at all times to verify the information that you have provided and to refuse the Buildings411 Service for any reason or no reason. You may only access the Buildings411 Service using authorized means. Buildings411 is not liable if you do not have a compatible mobile device or computer. Buildings411 reserves the right to terminate the Buildings411 Service should you attempt to access the Buildings411 Service with an incompatible or unauthorized device or computer.

• You will not authorize others to use your account;

• You will not assign or otherwise transfer your account to any other person or legal entity;

• You will not use an account that is subject to any rights of a person other than you without appropriate authorization;

• You will not use the Buildings411 Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

• You will not use the Buildings411 Service to cause nuisance, annoyance or inconvenience;

• You will not try to harm the Buildings411 Service or impair the proper operation of any related network, platform or application in any way whatsoever;

• You will not copy, or distribute the Buildings411 Service or any portion or feature thereof without advance written permission from Buildings411;

• You will keep secure and confidential your account password or any identification we provide you which allows access to the Buildings411 Service;

• You are aware that when requesting services by SMS if available in your jurisdiction), standard messaging charges will apply;

• You will not use the Buildings411 Service with an incompatible or unauthorized device or computer;

• You will comply with all applicable laws and regulations while using the Buildings411 Service. Buildings411 reserves the right to immediately terminate the Buildings411 Service should you not comply with any of the foregoing.

• You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service. Buildings411 reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the foregoing.

Payment Terms. Buildings411 has no obligation to provide refunds or credits for any payments made to Buildings411.

Cancellations. Buildings411 is a Peer to Peer opinion based app, thus any opinion is not the responsibility of Buildings411. Buildings411 IS NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR EXPENSES RELATED TO ANY CANCELLATION. 

Location Services. In order for the Application to fully function you must register the building address, your email address, and phone number so that you can post written complaints, reviews, opinions, topics, comments and/ or photos.

Eligibility. You must be at least eighteen (18) years old to use the Application. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Application; and (3) That your registration and your use of the Application is in compliance with any and all applicable laws and regulations.

Accounts and Registration. To access some features of the Application, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.

Buildings411 WILL NOT BE LIABLE AND YOU MAY BE LIABLE FOR LOSSES, DAMAGES, LIABILITY, EXPENSES, AND LAWYERS’ FEES INCURRED BY Buildings411 OR A THIRD PARTY ARISING FROM SOMEONE ELSE USING YOUR ACCOUNT DUE TO YOUR CONDUCT REGARDLESS OF WHETHER YOU HAVE NOTIFIED US OF SUCH UNAUTHORIZED USE. YOU UNDERSTAND AND AGREE THAT WE MAY REQUIRE YOU TO PROVIDE INFORMATION THAT MAY BE USED TO CONFIRM YOUR IDENTITY AND HELP ENSURE THE SECURITY OF YOUR ACCOUNT.

License. The Application is licensed, not sold, to you for use only under the terms of this license. Buildings411 reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Buildings411 hereby grants you a personal, limited, non-sublicensable, non-transferable, and revocable license to access the Application on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Application. Buildings411 may revoke this license at any time, in its sole discretion.

You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Buildings411 that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.

No Employment/Agent/ Relationship. Buildings411 is not an employment service and does not serve as an employer of any user of the Buildings411 Application, Service, or any Peer Provider. Buildings411 is not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the Buildings411 Service. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, Buildings411 is not acting and does not act as an agent or broker for any users, Peer Providers, building, landlord, management company, or any other user of the Buildings411 Service.

User Content Representations. You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that Buildings411 does not control, and is not responsible for, User Content, and that by using the Application, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Buildings411 for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

User Content Review. You acknowledge and agree that Buildings411 and its designees may or may not (but do not assume any obligation to), at Buildings411 discretion, pre-screen User Content before its appearance on the Application. You further acknowledge and agree that Buildings411 reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Application. 

Additionally, Buildings411 has the right to remove any User Content that violates these Terms or is otherwise objectionable in Buildings411 sole discretion. You acknowledge and agree that Buildings411 does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

Ratings and Reviews. The Application and other Interactive Areas may allow you to rate (“Ratings”) and Post reviews (“Reviews”) of Buildings. Such Ratings and Reviews are considered User Content and are governed by these Terms, including, without limitation, your agreement regarding your use of the Application. Ratings and Reviews are not endorsed by Buildings411, and do not represent the views of Buildings411 or of any affiliate or partner of Buildings411. Buildings411 does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, and/or the Application may be removed or excluded by us without notice.

Text Messaging. By using the Application, you agree that Buildings411 and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Application, as well as marketing or other promotional messages. You will not be able to use the Application without agreeing to receive operational text messages. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or use of the Application. If you change or deactivate the phone number you provided to Buildings411, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your Carrier for details.

Push Notifications. When you install our App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.

Intellectual Property Ownership. The Application, and the media and materials contained in the Application, including all intellectual property rights in the Application, are the sole and exclusive property of Buildings411 and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Buildings411 in these Terms are expressly reserved.

Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Buildings411, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Application, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3).

Third Party Interactions. During the use of the Buildings411 Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Buildings411 Service and are beyond Buildings411s control.

During use of the Buildings411 Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service Peer Providers, advertisers or sponsors showing their goods and/or services through a link on the Buildings411 Service. These links take you off the Buildings411 Service and are beyond Buildings411s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. Buildings411 is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Termination of the Agreement. The agreement between Buildings411 and you embodied by these User Terms may be terminated at any time. If you wish to terminate the Agreement, you must permanently delete the Buildings411 mobile application installed on your smart phone, thus disabling your use of the Buildings411 Service. Buildings411 is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the Buildings411 Service). Buildings411 is not obliged to give notice of the termination of the Agreement in advance. After termination Buildings411 will give notice thereof if required by these User Terms.

Indemnification. By using the Buildings411 Service, you agree that you shall defend, indemnify and hold Buildings411, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Peer Providers arranged via the Buildings411 Service, or (c) your use or misuse of the Buildings411 Service.

Liability Limitation. BY USING THE Buildings411 SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT Buildings411 AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE Buildings411 SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE Buildings411 SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE Buildings411 SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE Buildings411 SERVICE, (c) YOUR FAILURE TO PROVIDE Buildings411 WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE Buildings411 SERVICE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN Buildings411. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF Buildings411, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE USER TERMS OR YOUR USE OF THE Buildings411 SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED $100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE USER TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE LIMITATIONS IN THESE USER TERMS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE USER TERMS WOULD BE SUBSTANTIALLY DIFFERENT.

Disclaimer. The information, recommendations and/or services provided to you on or through the Buildings411 Service is for general informational purposes only and does not constitute advice. Buildings411 does not guarantee continuous, uninterrupted access to the Buildings411 Service. Although Buildings411 attempts to maintain the integrity and accuracy of the information accessible through the Buildings411 Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the Buildings411 Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Buildings411 Service by other users or third parties without Buildings411s knowledge. Buildings411 cannot and does not guarantee that (the contents of) the Buildings411 Services are free of errors, defects, malware and viruses. 

The quality of the written complaints, reviews, opinions, topics, comments and/ or photos posted through the use of the Buildings411 Service is entirely the responsibility of the user who ultimately makes such posts. Buildings411 under no circumstance accepts liability in connection with and/or arising from the posts provided by the user or any acts, action, behavior, conduct, and/or negligence on the part of the user and you hereby agree to release Buildings411 from all liability and claims arising from the foregoing. Any complaints about the posts provided by the user is the user’s responsibility.

Buildings411 AND ITS AFFILIATES PROVIDE THE Buildings411 SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE Buildings411 SERVICE IS AT YOUR SOLE RISK AND THAT Buildings411 AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE Buildings411 SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE Buildings411 SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE Buildings411 SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE Buildings411 SERVICE WILL BE CORRECTED. Buildings411 AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Buildings411 OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Disputes. Buildings411 is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, landlord, management company, individual, company, entity, or other any third party. Disputes between you and Buildings411 are subject to this Section. You and Buildings411 agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in these Terms.

Arbitration. In the interest of resolving Disputes between you and Buildings411 in the most expedient and cost effective manner, you and Buildings411 agree that every Dispute arising in connection with these Terms will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and can be subject to very limited review by courts. While the parties will be permitted to engage in discovery or exchange of non-privileged information relevant to the dispute, arbitration may allow for more limited discovery allowed for in court. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Application, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Buildings411 ARE EACH WAIVING THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

Arbitration between you and Buildings411 shall be conducted by a single arbitrator, governed by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), as modified by these Terms, and administered by JAMS. The JAMS Rules and fee information are available at www.jamsadr.org or by calling JAMS at 1-800-352-5267. The arbitrator is bound by these arbitration terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrarily.

No Class or Representative Actions. YOU AND Buildings411 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Buildings411 agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that this “No Class or Representative Actions” section is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Apple. To the extent that you are using our mobile applications on an iOS device, you further acknowledge that these Terms are between you and Buildings411 only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Application and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support Applications with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application.

Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (1) Product liability claims; (2) Any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) Claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Application and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Application. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

Confidentiality. You acknowledge and agree that when using the Application, you may have direct or indirect access or exposure to Buildings411 confidential information ("Confidential Information"). Confidential Information includes Buildings411 data, provider IDs, user information, delivery recipient information, delivery provider information, package information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that Buildings411 designates as being proprietary or confidential or that you should reasonably know to treat as confidential.

You acknowledge and agree that: (1) all Confidential Information shall remain the exclusive property of the Buildings411; (2) you shall not use Confidential Information for any purpose except in furtherance of your use of the Application; (3) you shall not disclose Confidential Information to any third party; and (d) you shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your use of the Application or at the request of Buildings411.

Modifications. Except as explicitly described in the Dispute Resolution and Arbitration section, we reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Application, except as set forth below. These Terms identify the date of last update. Except as explicitly described in the Dispute Resolution and Arbitration section, your use of the Application following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to the address you may have used to register for an account, through a pop-up window on the Application, or other similar mechanism.

You acknowledge and agree that if Buildings411 modifies any provision of these Terms (including any information referenced at hyperlinks), other than the Dispute Resolution and Arbitration section herein, you will not have a renewed opportunity to opt out of arbitration. You further acknowledge and agrees that unless the Dispute Resolution and Arbitration section herein is materially different from any prior arbitration provision with Buildings411 to which you may be bound, your acceptance of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).

Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Buildings411 agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for the purpose of litigating any Dispute. We operate the Application from our offices in Delaware, and we make no representation that materials included in the Application are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, Buildings411 or any third-party provider as a result of the Terms or use of the Application.

Waiver and Severability. Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Buildings411 to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Buildings411 in writing.

Buildings411 App End User License Agreement

 

This End User License Agreement (“Agreement”) is between you and Buildings411 and governs use of this app made available through the Apple App Store. By installing the Buildings411 App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Buildings411 App.<

 

In order to ensure Buildings411 provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report as Inappropriate” feature found under each post.

 

1. Parties This Agreement is between you and Buildings411 only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Buildings411, not Apple, is solely responsible for the Buildings411 App and its content.

 

2. Privacy Buildings411 may collect and use information about your usage of the Buildings411 App, including certain types of information from and about your device. Buildings411 may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Buildings411 App.

 

3. Limited License Buildings411 grants you a limited, non-exclusive, non-transferable, revocable license to use theBuildings411 App for your personal, non-commercial purposes. You may only use theBuildings411 App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

 

4. Age Restrictions By using the Buildings411 App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Buildings411 App does not violate any applicable law or regulation. Your access to the Buildings411 App may be terminated without warning if Buildings411 believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Buildings411 App, you agree to be bound by this Agreement in respect to your child's use of the Buildings411 App.

 

5. Objectionable Content Policy Content may not be submitted to Buildings411, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

 

6. Warranty Buildings411 disclaims all warranties about the Buildings411 App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Buildings411, not Apple, shall be solely responsible for such warranty.

 

7. Maintenance and Support Buildings411 does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Buildings411, not Apple, shall be obligated to furnish any such maintenance or support.

 

8. Product Claims Buildings411, not Apple, is responsible for addressing any claims by you relating to the Buildings411 App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Buildings411 App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

 

9. Third Party Intellectual Property Claims Buildings411 shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Buildings411 App. To the extent Buildings411 is required to provide indemnification by applicable law, Buildings411, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Buildings411 App or your use of it infringes any third party intellectual property right.

 

Entire Agreement. These Terms comprise the entire agreement between you and Buildings411 and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.

If you do not agree to these Terms and Conditions or the End User License Agreement (EULA) you are not allowed to create an account at the Buildings411 app.

Notice & Contact. Buildings411 may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Application or via email to the email address listed on your Buildings411 account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch. You may reach us by U.S. postal mail or any other mail carrier service at the following address:

Buildings411 

c/o Flowt Inc

150 W 225 St, Suite 25G, 

Bronx, NY 10463

hello@flowtinc.com

Flowt Inc

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