1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement with respect to our site and services (collectively, the "Flex Platform"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Flex Platform, the content, products or services provided by or through the Flex Platform, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Flex Platform. Additionally, completing a purchase or transaction on our platform indicates that you have read and accepted these terms.
2. Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Flex Platform are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Flex Platform, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Flex Platform.
3. Fraud
By becoming a customer, you confirm that the information provided to us is true and that you agree to abide by these Terms and Conditions. Your account can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions have been violated, or other abuses have occurred as determined by Flex in its sole discretion. If the account has been revoked, Flex reserves the right to refuse application or readmission to the account.
4. Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Flex Platform grants you only a limited, nonexclusive license for use solely by you for your own personal or business use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your use (but not for resale or redistribution).
5. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Flex Platform, including this Agreement, without further notice to users.
6. Indemnification
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Flex Platform.
7. Nontransferable
Your right to use the Flex Platform is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8. Disclaimer
THE INFORMATION FROM OR THROUGH THE FLEX PLATFORM IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Definition of Gift Cards
The term "gift card(s)" or "card(s)" when used on this site refers to physical plastic cards, paper gift certificates, gift card numbers with or without pin numbers in a digital form, whether originally purchased for personal use or for gifts, issued as a refund for returned merchandise (or for any reason) in the form of a merchandise credit, or any combination of these options, which at the time of transaction are accepted by the issuing retailer in the form they are provided by Flex.
10. Limits
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR PLATFORM. Our maximum liability to you under all circumstances will be equal to the amounts paid by you for the goods, services or information at issue.
11. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Platform uses by you and all information provided by you in any manner consistent with our Privacy Policy.
12. Third-Party Services
We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK.
13. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
14. Privacy Policy
Our Privacy Policy may change from time to time and is a part of this Agreement.
15. Payments
You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card or payment information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company or bank, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable fees and taxes.
16. Billing and Shipping Errors
Flex reserves the right to cancel an order partially or completely for items that are out of stock or for items that were omitted by our fulfillment operations. If Flex does not deliver an omitted item, it will refund the buyer for that portion of the order within 24-72 hours. If Flex's fulfillment shipped additional cards or a card of greater value, the buyer accepts responsibility to notify Flex of this error within 7 business days. Flex will provide a mechanism for the buyer to return the card. If the card is not returned, Flex reserves the right to charge/bill the buyer for the remaining balance.
17. Securities Laws
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. Such statements are intended to fall within securities law safe harbors for forward-looking statements. The information contained herein does not constitute an offer or a solicitation of an offer to buy or sell any securities.
