effective as of 2017-06-01. June 1, 2017
Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.
Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and FlexPower in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”
Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and FlexPower. The contract governs your use of all websites operated by FlexPower, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.
- Your Agreement to the Terms
YOUR ACCESS TO OR USE OF ANY THE SERVICES (INCLUDING THE LICENSES) SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.
Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.
- Changes to the Terms
From time to time, FlexPower may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current ID account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.
- Content Available through the Services
Provided as-is: You acknowledge that FlexPower does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of our sites. Under no circumstances is FlexPower liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using our sites, you may be exposed to Content that is offensive, indecent, or objectionable.
Human-readable summary of Sec 4: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. If you find content through a link on our websites, be sure to check the license terms before using it.
- Content Supplied by You
Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the sites (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
Human-readable summary of Sec 5: We do not take any ownership of your content when you post it on our sites. If you post content you own, you agree it can be used by FlexPower. If you do not own the content, then you should not post it unless it is in the public domain except that you may also post pictures and videos if you are authorized to use them under law (e.g., fair use). You must note that information on the file when you upload it. You are responsible for any content you upload to or through our sites.
- Participating in our Community: Registered Users
By registering for an account through any of the Services, including CCID (a universal log-in for all Services), you represent and warrant that you (1) are the age of majority in your jurisdiction (typically age 18) or, (2) are over the age of 13 and have the express permission of a legal guardian to obtain an account and to use Services in connection with the account. Services offered to registered users are provided subject to these Master Terms and any Additional Terms specified on the relevant Website(s).
Registration: You agree to (a) only provide accurate and current information about yourself (though use of an alias or nickname in lieu of your legal name is encouraged), (b) maintain the security of your passwords and identification, promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.
Termination: FlexPower reserves the right to modify or discontinue your account at any time for any reason or no reason at all.
Human-readable summary of Sec 6: Please do not register for an account on our sites unless you are at least 18 years old. FlexPower has the right to end your account at any time. You are responsible for use of your account. And of course, please do not set up an account for someone else.
- Prohibited Conduct
You agree not to engage in any of the following activities:
- Violating laws and rights:
- You may not (a) use any of our sites for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
- You may not use any information provided through the sites for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
- You may not use the sites in any manner that could disable, overburden, damage, or impair the sites, or interfere with any other party’s use and enjoyment of the sites; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the sites, or violating any regulation, policy, or procedure of any network, equipment, or server.
- Harming others:
- You may not post or transmit Content on or through the sites that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
- Impersonation or unauthorized access:
- You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the sites;
- You may not use or attempt to use another’s account or personal information; and,
- You may not attempt to gain unauthorized access to the sites, or the computer systems or networks connected to the sites, through hacking password mining or any other means.
Human-readable summary of Sec 7: Play nice. Be yourself. Don’t break the law or be disruptive.
- DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLEXPOWER OFFERS THE SITES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SITES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FLEXPOWER DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SITES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY FLEXPOWER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLEXPOWER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SITES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
Human-readable summary of Sec 8: FlexPower does not make any guarantees about the sites, services, or content available on the sites.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLEXPOWER BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF FLEXPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLEXPOWER IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SITES(INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SITES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SITES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Human-readable summary of Sec 9: FlexPower is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.
To the extent authorized by law, you agree to indemnify and hold harmless FlexPower, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the sites, and/or the Content you make available on any of the sites.
Human-readable summary of Sec 10: If something happens because you violate these terms, because of your use of the sites, or because of the content you post on the sites, you agree to repay FlexPower for the damage it causes.
- Trademark Policy
FlexPower’s name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these Master Terms. Please review the Trademark Policy so you understand how FlexPower’s trademarks may be used.
Human-readable summary of Sec 12: Please read our Trademark Policy. It is part of these terms, too.
- Copyright Complaints
FlexPower respects copyright, and we prohibit users of the sites from submitting, uploading, posting, or otherwise transmitting any Content on the sites that violates another person’s proprietary rights.
Human-readable summary of Sec 13: Please let us know if you find infringing content on our websites.
By FlexPower, Inc.: FlexPower may modify, suspend, or terminate the operation of, or access to, all or any portion of the sites at any time for any reason. Additionally, your individual access to, and use of, the sites may be terminated by FlexPower at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the sites at any time.
Automatic upon breach: Your right to access and use the sites (including use of your account) terminates automatically upon your breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations will survive for one year after termination.
Human-readable summary of Sec 14: If you violate these terms, you may no longer use our sites.
- Miscellaneous Terms
Choice of law: The Terms are governed by and construed by the laws of the State of Florida in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between FlexPower and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the Middle District of Florida, and you hereby consent to the personal jurisdiction and venue of such court.
- If you are an authorized agent of a government or intergovernmental entity using the sites in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding its choice of law rules).
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and FlexPower as a result of the Terms or from your use of any of the Services.
Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and FlexPower relating to this subject matter and supersede any and all prior communications and/or agreements between you and FlexPower relating to access and use of the Services.
Human-readable summary of Sec 15: If there is a lawsuit arising from these terms, it should be in Florida and governed by Florida law. We are glad you use our sites, but this agreement does not mean we are partners.