1. Acceptance
THIS WEBSITE TERMS OF USE (TERMS OF USE) IS A LEGALLY BINDING AGREEMENT BETWEEN EACH USER (INCLUDING ANY BUSINESs usEr, Group User, REGISTERED USER, TRIAL USER, VISITOR, OR AGGREGATOR) (YOU AND YOUR) AND Flextory LLC (FLEXTORY). BY USING THE SITE, YOU AGREE THAT YOU UNDERSTAND THE TERMS OF USE, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THESE TERMS OF USE SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE SITE. If you are accepting these terms of Use ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS YOU OR YOUR SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If you are a subscriber to the Flextory service you further agree to be bound to the service agreement. If there is a conflict between these terms and the additional terms of the Service Agreement, the terms in the Service agreement will control for that conflict.
2. Ownership of the Site; Restrictions on Use
All pages within the Site and materials made available for download are the property of Flextory. The Site is protected by United States and international copyright, trademark, and patent laws. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio, video, location data, and any materials accessed through or made available for use or download through the Site (Content) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by Flextory, including the provision of services or products to Flextory, or in connection with a business relationship with Flextory. You may not frame, utilize framing techniques to enclose, or deep link to, any name, trademark, logo, Content, or other proprietary information (including images, text, page layout, or form) of Flextory without Flextory's express written consent.
You warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials.
You may not use automated systems (e.g., robots, spiders, etc.) to access or harvest information from the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site.
Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by Flextory and its affiliates.
4. Accuracy and Integrity of Information
Although Flextory attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Flextory so that it can be corrected. Any information, Content, service, function, or feature contained on the Site may be discontinued, changed, or updated at any time with or without notice. Additionally, Flextory shall have no responsibility or liability for information or Content posted to the Site from any third party.
5. Access to the Site
Your access to the Site may be revoked by Flextory at any time with or without cause. You agree to defend, indemnify, and hold Flextory harmless from and against all third party claims, damages, and expenses (including reasonable attorneys' fees) against or incurred by Flextory arising out of your use or access of the Site, or any breach of these Terms of Use.
Flextory can suspend or limit your access to the Site due to interference with the Site or for excessive use of resources such as bandwidth, processing, or storage. In addition, Flextory may cancel your access at any time with or without cause.
6. Submissions / Uploads to the Site
If you submit, upload, post, or transmit any information or Content to the publically accessible areas of the Site (Submissions), you agree not to submit, upload, post, or transmit (a) anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behavior; (b) anything that violates the intellectual property rights of any person or entity; or (c) a virus or any other harmful component. Flextory and its affiliates shall have the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote Submissions in any way and in any commercial or non-commercial medium or form without charge. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption, or interruption. You agree to defend, indemnify, and hold Flextory harmless from and against all third party claims, damages, and expenses (including reasonable attorneys' fees) against or incurred by Flextory arising out of any Submissions you submit, upload, post, transmit, or allow to be posted to the Site.
7. No Duty to Monitor
You agree that Flextory is not liable for Content that is provided by others. Flextory has no duty to screen or monitor Content that you or other users may submit, upload, post, transmit, or allow to be posted, but Flextory does have the right to refuse to post or edit submitted Content. Flextory reserves the right to remove any Content for any reason at any time.
8. Infringement Notices
As provided in the Digital Millennium Copyright Act (DMCA), Flextory has designated the following individual for notification of potential copyright infringement regarding the Site:
Christopher Beley
1523 Chandler St.
Madison, WI 53711
chris@flextory.com
If you believe any content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
a. a physical or electronic signature of the copyright owner or authorized agent;
b. identification of the copyrighted work(s) claimed to have been infringed;
c. identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. information regarding how Flextory may contact you (e.g., mailing address, telephone number, e-mail address);
e. a statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Disclaimer of Warranties
THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE/NON-INFRINGEMENT, or any implied warranties arising out of a course of performance, dealing, or trade usage. THE SITE AND CONTENT ARE PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SITE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. FLEXTORY DOES NOT WARRANT THAT USE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED. FLEXTORY IS NOT RESPONSIBLE FOR SOFTWARE INSTALLED OR USED BY SUBSCRIBERS OR USERS OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET.
10. Limitation of Liability Regarding Use of Site
FLEXTORY AND ITS officers, Directors, Employees, Agents, Owners, AFFILIATES, VENDORS, LICENSORS, DEALERS, AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Links to Other Sites
The Site may include gateways, links or other functionality that allows you to access third party services (Third Party Services) and/or third party content and materials (Third Party Materials). Flextory does not supply and is not responsible for any Third Party Services or Third Party Materials, which may be subject to their own licenses, end-user agreements, privacy and security policies, and/or terms of use. A hyperlink to a non-Flextory website does not mean that Flextory endorses or accepts any responsibility for the content or the use of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of viruses, worms, Trojan horses, and other destructive programming. If you decide to use or access any of the third party websites linked to the Site, you do this entirely at your own risk. FLEXTORY MAKES NO WARRANTY AS TO THIRD PARTY SERVICES OR THIRD PARTY MATERIALS.
12. Age of Users
Children under the age of thirteen (13) may not use the Site, and parents or legal guardians may not agree to these Terms of Use on behalf of a child under the age of thirteen (13). If Flextory becomes aware that a child under the age of thirteen (13) has provided or attempted to provide Flextory with personal information, Flextory will use its best efforts to remove the information permanently from its files.
If you are under the age of eighteen (18) but at least thirteen (13) years of age, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of thirteen (13) and eighteen (18), be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur.
13. Electronic Delivery Statement and Your Consent
You agree that Flextory may provide to you notices and other information concerning Flextory or the Site electronically, including notice to any e-mail address that you may provide.
14. International Use
Flextory makes no representation that Content on the Site is appropriate or available for use in locations outside the United States. If you choose to access the Site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
15. Privacy Policy
Information that you provide or that Flextory collects about you and your organization, in connection with your access to and use of the Site, is subject to Flextory's Privacy Policy, the terms of which are hereby incorporated into these Terms of Use by reference. Your use of the Site signifies your continuing consent to Flextory's Privacy Policy.
16. General
Flextory reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause, and with or without notice. In the event that any of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Site. Flextory's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. You agree to pay and be responsible for all sales taxes, use taxes, value added taxes, and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of Content or the Site. In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in Madison, Wisconsin in accordance with Wisconsin state law. Any cause of action brought by you against Flextory or Flextory's affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you, or such other address as you may advise us in writing to use, from time to time.
