Floggem.com Terms of Service
In using this website you are deemed to have read and agreed to the following terms and conditions:
The content of the pages of this website is for your general information and use only. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.
For purposes of these terms of service the following terminology will be defined: The "service provider" is Floggem.com, the provider of the mobile optimization services. The "service recipient" is any party that has requested and/or accepted a quote by the service provider to make changes to a website. The "website" is the collection of web pages owned by the service recipient for which they requested and/or paid a quote for services, including the home page and any pages on the same domain/subdomain that are reasonably easily navigated to when starting from the home page. The definition of what is reasonably easily navigated to when starting from the home page is at the discretion of the service provider. The term "mobile devices" is defined as internet capable phones and tablets popularly used for internet access. Mobile devices does not include every possible web accessible device, but rather typical internet capable touch smartphones such as Apple iOS phones and tablets and Google Android phones and tablets at the time of this writing. Which devices specifically are supported as mobile devices for the purposes of these terms is at the sole discretion of the service provider.
We do not sell any personal information about you. Any personal information collected from the service recipient during communication directly initiated through this site will be used only for the purposes of being able to communicate about and complete current and future projects with the service recipient, and to offer further services from the service provider to the service recipient.
Payment is accepted via balance transfer or credit card payment via the 3rd party service PayPal. Alternative methods of payment may be accepted only if agreed upon by both the service provider and the service recipient. All payments are due before work on a project will begin.
Disclaimer - Exclusions and Limitations
The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, the service provider excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the service provider's literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profit, (whether or not such loss of profits was foreseeable, arose in the normal course of things or you have advised the service provider of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
The services known as the "project" are: an internal review of the service recipient's website to determine the areas that the service provider believes will improve the experience of viewers on mobile devices; and the code, text, and imagery modifications to make improvements to those areas identified by the service provider.
The proprietary scripts and code used by the service provider to perform project services, particularly the fmd.js file, are owned by the service provider, licensed to the service recipient for usage in that project only. The service recipient may not copy this code or reuse it in other projects/web pages, or distribute that code, without the service provider's permission.
By using this website and/or requesting a quote, the service recipient is agreeing to these terms. In addition, by paying a quote by the service provider the service recipient is initiating the start of a project. The project completion is when the service provider has completed their internal review and performed changes that they believe will improve the website, and has notified or made reasonable attempt to notify the project recipient that the project is now complete.
Edits & Revisions
The quote by the service provider is a quote for the provider's expert review of the service recipient's website, and the modifications that the service provider's review recognizes as being in the best interest of promoting the proper viewing of that website on mobile devices. Edits and revisions of those changes or further website edits requested by the service recipient are not part of the quoted/accepted services.
Upon the request of the service recipient and the agreement of the service provider, new quotes and agreements can be created to do further custom modifications to the website, but such services are not part of the original project, and the payment and terms of the original project still stand in regard to the original project.
Due to the intangible nature of the services provided, refunds can be awarded only at the discretion of the service provider, and only for reasons the service provider agrees are appropriate.
As stated previously, the definition of which devices are supported and accounted for in the modifications being made by the service provider are at the discretion of the service provider. In addition, future devices may not be supported. The service provider makes reasonable attempts to ensure that the mobile detection techniques being used during the project will work both currently and in the future. However, it is impossible to predict how future device manufacturers will create or program new devices, and therefore future devices cannot be fully guaranteed as covered.
Cancellation of Services
An ongoing project can be cancelled at the initiation of either the service provider or the service recipient.
In the event of the service provider initiating cancellation of the project, the quoted price that was paid by the service recipient will be refunded, and any website files modified by the service provider will be reverted to the state they were when the service provider was first given access to those files and backed them up before modifying them.
In the event of the service recipient initiating cancellation, the service provider will refund the paid amount only partially, or not at all if the project was near or at completion. The amount will be prorated on the basis of the time already spent working on the project vs. the amount of time the service provider anticipates the project would have taken to complete. The estimates for both of those time figures are at the discretion of the service provider.
Modifications not Performed by Floggem.com
During the modifications being made by the service provider as a part of the project, the service recipient must not make any changes to the website files, nor allow any other 3rd party to make changes to those website files. This is for obvious reasons, as it could break or render innefective the modifications in progress being made by the service provider. Should this term be ignored the service provider is not responsible for any harm to arise from it, and completion of the project within assumed timeframes may become impossible due to the changes made outside of the service provider's control, and the project may not be able to be completed; yet the service provider will not be obligated to refund the paid amount if time has already been spent working on the project. It is the service recipient's responsibility to not change or allow others to change the website files that the service provider is working on as part of the project while the project is ongoing.
Once the project has been completed according to the service provider, and once the service provider has notified or made reasonable attempt to notify the service recipient that the project is complete, the service provider is not liable for future changes that the service recipient (or 3rd parties on the behalf of the service recipient) make to the website from then onward. The service provider can only make modifications based on the state of the site at the time of the project, and cannot be held responsible for changes/additions to the website content, navigation, page count, or any other element within or property of the website.