FLEXFIT TERMS OF USE
Last Updated: [Dec 6, 2022]
These Terms of Use (“Terms”) are a legal agreement between you and Flexfit LLC (“Flexfit,” “we,” “us,” or “our”) that governs your access to and use of Flexfit.com and any sub-domains or related sites including, without limitation, Shop.Flexfit.com and Flexfit online tools and applications (collectively the “Site”). References to “you” and “your” mean any person or legal entity that visits, accesses, browses, registers for an account, or makes a purchase through the Site. These Terms apply to all users of our Site and any services offered through the Site (collectively the “Services”). Please read these Terms carefully. By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Site or Services. If you have a separate agreement with Flexfit (including, without limitation, specific purchase order agreements), the terms of that separate agreement will govern to the extent they are inconsistent with or otherwise conflict with any of these Terms.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and they apply to all access to and use of the Site thereafter. However, any changes to the Governing Law sections will not apply to any disputes for which the parties have actual notice prior to the date the change is posted within the Services.
Your continued use of the Site after the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
You represent and warrant that you are at least eighteen years of age and have the right, authority, and capacity to accept and agree to these Terms. If you are under age eighteen or are otherwise unable to accept and agree to these Terms, you may not use the Site. If we discover or have any reason to suspect that you are not at least eighteen years of age or otherwise unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to the Site immediately and without notice.
Prices, descriptions, or availability of products on our Site are subject to change without notice. While products on this Site are presented with the greatest accuracy technically possible, representation on this Site through any means is for reference only and implies no warranty as to the characteristics of the purchased product. All features, specifications, and other details of the products and services offered via the Services and Site and, as applicable, prices of products and Services described or depicted on the Site are subject to change at any time without notice.
If you provide us any comments or suggestions for improvements (“Feedback”) to the Site or our products, you hereby irrevocably assign to us all right, title, and interest in and to the Feedback, without restriction or any obligation of compensation. We shall have all intellectual property rights in or relating to any communications you send to us and we may use such communications for any purpose in its sole discretion.
By using our Services, you acknowledge that any information you share with Flexfit will be handled in accordance to our Privacy Policy. When you use or access the Site, you authorize us to automatically collect information about you and your use of the Site and to use, transmit, process, and store that information in accordance with our Privacy Policy. Please review our Privacy Policy prior to using the Site and Services.
Flexfit, its affiliates, and licensors and suppliers own all right, title, and interest (including intellectual property rights) in the Site and Services and reserve all rights not expressly granted to you in these Terms. The Site and our Services are protected by copyright and other intellectual property laws and treaty provisions. The Flexfit logos and trademarks referenced in the Site are the trademarks of Flexfit and its affiliates. Any other company names, product names, service names, and logos referenced in the Site may be the trademarks of their respective owners.
Registration: As a condition of your use of certain features of the Services, you may be required to register an account with Flexfit and must provide true and accurate account information at all times (including, without limitation, ensuring that your account information remains current at all times by updating your account profile.)
Account Security: As part of the registration process, you will be instructed to choose a username and password. The selected username and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your username and password and are fully responsible for all activities that occur thereunder. We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others will be permanently suspended.
Notification Preference: If you are a registered user of the Service, you can access and update the information on your profile by logging onto the Site using your user-created ID and password. You can also change your preferences there about what sorts of notifications you would like to receive from Flexfit.
Limited License
By agreeing to the Terms, Flexfit grants you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to access and use the Services for your personal or business entity use only. To the extent your use of the Services encompasses Flexfit’s application or platform or related tools provided through online software, the foregoing license is limited to accessing and using such software through a device owned or controlled by you or your business entity. Flexfit expressly reserves all rights in its intellectual property associated with the Services not expressly granted to you in the Terms.
You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit for any commercial or any other non-personal purpose any content accessible via the Services without the express written consent of Flexfit. Flexfit retains the right to determine whether or not your use of the Services is consistent with the Terms. We may suspend, restrict, or terminate your use of the Site or Services and to refuse any future use of all or portions of the Site or Services if your use breaches or fails to comply with any of the Terms. Additionally, we may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the Terms; and/or (b) seeking damages relating to any breach or failure to comply with any of the Terms.
Prohibited Uses
You may use the Site and Services only for lawful purposes and in accordance with these Terms. In consideration of being allowed to use the Site or Services (or any portion or features thereof), you agree that the following actions, without limitation, shall constitute a material breach of the Terms:
We reserve the right to disable any user name, password, or access to the Services or any portion thereof at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Violation of these Terms may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.
Order Minimums (All Orders)
Shipping (Based on Stock Availability)
Terms
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If you register for an account or otherwise submit user information through the Service, we will send you administrative email messages. We may also send you information regarding your account activity and transactions with us, as well as updates about the Service and promotional offers. You cannot opt-out of these Administrative Emails.
In contrast to Administrative Emails, however, you do have a choice with respect to Promotional Emails. Promotional Emails solely function to advertise the Service, including sales and other offers by Third Party Websites, Third Party Service Providers and Affiliates. If you do not want to receive Promotional Emails from us, you may elect to opt-out of receiving Promotional Emails at any time after registering by e-mailing us at blanksales@flexfit.com, by writing to us at the address contained herein, or by hitting the “unsubscribe” button at the bottom of any of our e-mails.
The Services (and any portions thereof) may contain features and functionalities that may link to other websites with goods and services offered by third parties that may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Flexfit of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Flexfit. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any such links from the Services to gain access to other websites is at your own risk.
Flexfit reserves the right to terminate your account and access to the Services at any time. Termination by Flexfit shall include removal of access to the Services, deletion of your password, deletion of all related information and files, and may include the deletion of content associated with your account (or any part thereof) and other steps intended to bar your further use of the Services.
Flexfit reserves the right at any time to limit access to, modify, change, or discontinue any aspect of the Services with or without notice to you. In no event will Flexfit be liable to you for any such modification, suspension, or discontinuance of the Services. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. You agree that Flexfit will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Services.
Except where expressly stated otherwise, Flexfit is the owner or the licensee of all intellectual property rights associated with the Site and Services and/or located on any Flexfit websites, online tools, or mobile applications and in the materials published or otherwise made available via the Site or Services. Those works, marks, or inventions are protected by copyright, patent, and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted, and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means unless expressly permitted by us. Except where expressly provided otherwise by us, nothing made available to users via the Services may be construed to confer any license or ownership right in or materials published or otherwise made available through our Site or our Services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms are expressly reserved by us.
Unless provided for in a separate agreement between you and Flexfit, the Site and Services are provided on an “as is” and “as available” basis. Flexfit assumes no responsibility or liability for the timeliness, deletion of content, or failure by the Site or Services. Flexfit expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement or any warranty that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) any content or information you provide or we collect will not be disclosed; or (e) any errors in the Services (or any portion or feature thereof) will be corrected. You agree that use of the Services is at your own risk. No oral or written information or advice given by Flexfit or its authorized representatives shall create a warranty of any kind. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FLEXFIT, OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $100.00. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLEXFIT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF FLEXFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE ANY ASPECT OF THE SITE OR SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITE OR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT, OR OTHERWISE CONVEY THROUGH THE SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES; (G) ANY BREACH OF THESE TERMS BY FLEXFIT OR OUR FAILURE TO PROVIDE THE SITE OR SERVICES; OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.”
You (and/or the business entity you represent) agree to indemnify, defend, and hold harmless Flexfit, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers, and suppliers from and against all losses, liabilities, expenses, damages, claims, demands, and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of the Terms by you; (b) any content or other information provided by you to Flexfit or that you submit, transmit, or otherwise make available through the Services; (c) your use of the Site or Services; or (d) any violation of any rights of another or harm you may have caused to another. Flexfit shall retain sole control of the defense of any such damage or claim.
Except where provided for in a separate agreement with Flexfit, no agency, partnership, joint venture, or franchiser-franchisee relationship is intended or created by the Terms. Without limiting the foregoing, except as expressly set forth herein, Flexfit is not acting and does not act as an agent for any user or visitor of the Site or Services.
You agree that Flexfit may communicate any notices to you under the Terms, through electronic mail, regular mail, or posting the notices on the Site. All notices from Flexfit will be provided by either sending: (i) an email to your registered email account; or (ii) a letter sent via first class mailing, to the physical address associated with your account. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
Unless you enter into a separate written agreement with us that provides otherwise, these Terms govern your use of the Site and Services and constitutes the entire agreement between you and Flexfit. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and Flexfit regarding the subject matter contained in these Terms.
Any and all claims relating to or arising out of your use of the Site or Services shall be governed by the laws of the State of California and litigated in the County of Orange in the State of California. Any disputes, actions, claims, or causes of action arising out of or in connection with the Terms or the Site or Services shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of Orange in the State of California.
You may not assign these Terms without the prior written approval of Flexfit. Any purported assignment in violation of this section shall be void. Flexfit reserves the right to use third-party providers in the provision of the Site and Services. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Flexfit.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the Site and Services. You may contact us as provided for on our contact page.
