1. Use of the Services. You must be thirteen (13) years of age to use the Services. By using the Services, You represent that You are at least thirteen (13) years of age, have Your parents' or legal guardian's consent to use the Services (if under the age of eighteen (18)), will only have one account, You will use Your real name with such account, and You will only provide true and accurate information.
You may only view, download, print one copy of the materials from, and use the Services in accordance with all applicable laws, subject to the following conditions: (a) the materials may be used solely for Your personal, non-commercial, and informational purposes; and (b) You may not modify or remove any copyright and other proprietary notices contained in the materials. Any use of the Services not expressly granted herein is prohibited. You may not (a) reproduce, republish, publicly display, perform, distribute, exploit, or otherwise use the materials or the Services for any public or commercial purpose or prepare any modification or prepare derivative works based on the contents from the Services; (b) propagate any virus, worms, trojan horses, or other programming routine intended to damage any system or data or act in an unlawful, libelous, abusive, obscene, discriminatory, or manner that is otherwise objectionable to Flxr; (c) access the Services for the purpose of building a competitive product or service or copying its features or user interface; or (d) use the Services, or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without Flxr's prior written consent. Although Business Partner Services may be available through, from, or as a result of accessing the Site or Services, Business Partner Services are separate from the Services, solely offered by Business Partners, and are subject to separate agreements between Business Partners and You.
2. Fees. The Services are generally free but there could be a time where certain premium Services are offered and have an associated charge. You may be charged a fee for such premium Services and if a fee will be charged, the fees will be presented to You when You are accessing the applicable premium Service ("Fees"). Fees are non-refundable. Any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including sales, use, or withholding taxes ("Taxes") related to the Services shall be borne by You.
3. Ownership; Copyright. The underlying software and materials on the Site and other materials accessed through the use of the Services ("Flxr Property") are the exclusive property of Flxr, copyrighted by Flxr, and are protected by US Copyright Laws and international treaties. Flxr reserves all rights in the Flxr Property, not expressly granted herein.
4. Trademarks. Flxr is a service mark and trademark of Flxr, other marks, graphics, and logos used in the provision of the Services are Flxr's service marks, trademarks, and trade dress ("Marks") and are the sole and exclusive property of Flxr. Flxr's Mark's may not be used in any manner by You.
5. Data, Postings, and Feedback. If You submit any data, postings, feedback, ideas, or the like ("Information") through the use of the Services, You acknowledge and agree that: (a) You have the right to provide the Information free of any restriction and (b) the Information is true and accurate. Flxr may use the Information for its business purposes, including but not limited to, forwarding it to its Business Partners for use in conjunction with offering the Business Partner Services.
7. Links and Business Partner Services. The Services may contain links to other websites or may generally enable access to Business Partner Services. Any such links or access do not represent an endorsement, sponsorship, or approval of the material on and/or generally of such websites, including the Business Partner Services.
8. DISCLAIMER AND LIMITATIONS. THE MATERIALS ON AND ACCESSED THROUGH THE SITE AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FLXR DISCLAIMS ANY AND ALL LIABILITY FROM ANY INACCURACIES RELATED TO THE SERVICES, THAT THE SERVICES ARE UP-TO-DATE AND/OR AVAILABLE, DATA LOSS, AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. FLXR DOES NOT REVIEW ANY INFORMATION POSTED ON OR LINKED FROM THE SITE AND/OR THROUGH THE USE OF THE SERVICES AND IS NOT RESPONSIBLE FOR ANY SUCH INFORMATION, INCLUDING ANY BUSINESS PARTNER SERVICES. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND/OR LIMITATIONS ON CERTAIN DAMAGES. IF ANY OF THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS IN THIS SECTION MAY NOT APPLY NOT YOU.
IN NO EVENT SHALL FLXR OR ITS EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE MATERIALS PROVIDED ON, OR OTHERWISE RELATED TO, THE SERVICES, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE, EVEN IF FLXR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLXR'S LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO FIFTY US DOLLARS ($50).
9. Indemnity. You shall defend, indemnify and hold Flxr and its employees, contractors, shareholders, subsidiaries, affiliates, and officers harmless against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with any claims made or brought against Flxr by a third party resulting from Your use of the Services or any Business Partner Services or from any information submitted by You to Flxr through the use of the Services.
10. Term. This Agreement is effective upon Your first use of the Services. Flxr may suspend or discontinue all or part of the Services (in general or specifically for You) for any reason with or without notice to You.
11. Modifications. Flxr may make changes to the Services at any time and by posting notice of a new version of the Agreement on the Site. Your continued use of the Services indicates Your acceptance to any such changes.
12. Miscellaneous. Any disputes arising out of the use of the Services shall be governed by the laws of New Jersey, without regard to any conflict of laws principles, and any proceedings shall solely be brought in Hunterdon County, New Jersey. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, designated by the U.S. Government as a "terrorist supporting" country, or subject to a similar designation; or listed on any U.S. Government list of prohibited or restricted entities. You also acknowledge that Your use of the Services may be subject to other local U.S. and foreign laws and regulations governing the use of the Services and agree to comply with all such laws.
The parties are independent contractors, and no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties is created hereby. Flxr may provide you notice under this Agreement to the latest address it has on file for You. You may only provide notice to Flxr at Flxr, LLC, 16 Leigh Street, Unit 1A, Clinton, NJ 08809, Attn. CEO. This Agreement may only be modified by an agreement signed by an officer of Flxr. No failure or delay in exercising any right by Flxr shall constitute a waiver of such right. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect. This Agreement constitutes the entire agreement between Flxr and You, and supersedes any and all prior or contemporaneous agreements, understandings, and representations with respect to the information on and the use of the Services.