Terms & Conditions

FLEX Terms & Conditions

 

At FLEX, we want all of our customers to get the best call and text plans, known as ‘subscriptions’. The following Terms & Conditions are designed to inform customers of our general policies on acceptable usage and to prevent fraud and abuse of our subscriptions by a small number of users.

Acceptable Usage Policy

At FLEX, we want all of our customers to get the best call and text plans, known as ‘subscriptions’. This Acceptable Usage Policy (“AUP”) is designed to prevent fraud and abuse of our subscriptions by a small number of users.

By using FLEX Service(s), as defined below, Customer(s) agrees to comply with this Acceptable Use Policy and to remain responsible for its users. FLEX reserves the right to change or modify the terms of the AUP at any time, effective when posted on FLEX’s web site at www.myFLEXapp.com. Customer’s use of the FLEX Service(s) after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

Subject to this AUP, FLEX provides unlimited calling minutes, however, in order to protect against fraudulent activity and the  misuse of the FLEX app and it’s numbers, FLEX provides 2,000 inbound and outbound minutes at the beginning of each subscription period.  If more minutes are needed, they will be loaded to the subscribers account upon request.

FLEX’s subscriptions are for individual use only (personal or business communications) in accordance with our Terms of Use and this AUP (“Legitimate Use”).

FLEX prohibits use of the FLEX Services in any way that is unlawful, harmful to or interferes with use of FLEX’s network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.

Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the FLEX-branded website or from a website that contains FLEX-branded content is a violation of this AUP.

Subscriber Information: You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into these Service Terms and affirm that the information you supply to us is accurate and complete. You understand that FLEX relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify FLEX whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable.

Unlawful Activities: FLEX Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

Violation of Intellectual Property Rights: FLEX Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of FLEX or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Threatening Material or Content: FLEX Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those FLEX Services that utilize FLEX provided web hosting, FLEX reserves the right to decline to provide such services if the content is determined by FLEX to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.

Inappropriate Interaction with Minors: FLEX complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.

Child Pornography: FLEX Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to FLEX at the following e-mail address: support@getFLEX.com. FLEX will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

Spam/E-mail/Usenet Abuse: Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP. Spam/E-mail or Usenet abuse is prohibited using FLEX Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:

•    sending multiple unsolicited electronic mail messages, text messages, phone calls or multimedia messages or “mail-bombing” – to one or more recipient;
•    sending unsolicited commercial text messages, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
•    sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
•    sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
•    sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the FLEX network or of the networks with which FLEX interconnects, by virtue of quantity, size or otherwise;
•    using another site’s mail server to relay mail without the express permission of that site;
•    using another computer, without authorization, to send multiple electronic messages or to retransmit electronic messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
•    using FLEX addresses that the Customer does not have a right to use;
•    collecting the responses from unsolicited electronic messages;
•    maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
•    sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the FLEX Services;
•    using distribution lists containing addresses that include those who have opted out;
•    sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;
•    falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
•    using redirect links in unsolicited commercial e-mail to advertise a website or service;
•    posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
•    intercepting, redirecting or otherwise interfering or attempting to interfere with electronic intended for third parties;
•    knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
•    using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

Using subscriptions for telemarketing or call center operations;

•    Re-selling subscription minutes;
•    Sharing subscriptions between users whether via a PBX, call center, computer or any other means;
•    Calling numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of placing the call, other than for your individual business communications;
•    Unusual calling patterns inconsistent with normal, individual subscription use, for example, regular calls of short duration or calls to multiple numbers in a short period of time.

AUP Enforcement and Notice

Customer’s failure to observe the guidelines set forth in this AUP may result in FLEX taking actions anywhere from a warning to a suspension or termination of Customer’s FLEX Services. When feasible, FLEX may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.

FLEX reserves the right, however, to act immediately and without notice to suspend or terminate affected FLEX Services in response to a court order or government notice that certain conduct must be stopped or when FLEX reasonably determines, that the conduct may: (1) expose FLEX to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of FLEX’s network or networks with which FLEX is interconnected, (3) interfere with another FLEX Customer’s use of FLEX Services or 4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to FLEX or FLEX Customers.

FLEX has no obligation to monitor content of any materials distributed or accessed using the FLEX Services. However, FLEX may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the FLEX network and its customers. Other practices may be relevant in determining Legitimate Use and FLEX reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination.

PRIVACY POLICY
WHAT INFORMATION DOES FLEX COLLECT AND USE?

FLEX may gather and use information about you, including (but not limited to) information in the following categories:

•    Identification data (e.g. name, profile name, address, telephone number, mobile number, email address);
•    Profile information (e.g. age, gender, country of residence, language preference and any information that you choose to make available to others as part of your FLEX user profile;
•    Electronic identification data (e.g. FLEX addresses, tokens);
•    Banking and payment information (e.g. credit card information, account number);
•    Call quality and survey results;
•    Information about your usage of and interaction with FLEX software, products, websites and marketing communications (including computer, platform, device and connection information, client performance information, error reports, device capability, bandwidth, usage statistics, calling destinations, and traffic to and from our website);
•    Products or services ordered and delivered;
•    List of your contacts and related data (we will give you a choice as to whether you want FLEX to use contact lists from other services to populate your FLEX contacts);
•    Correspondence between you and FLEX;
•    Traffic data (data processed for the purpose of the conveyance of communications or the billing thereof, including, but not limited to, the duration of the call, the number calling and the number called); and
•    Content of instant messaging communications and voice messages;
•    Location information, derived from your mobile carrier or from the mobile device that you use,
•    Mobile device information, such as manufacturer’s name, device model number, operating system, carrier network;
•    Location information, device identifiers and standard identifiers;
•    Access tokens for other accounts you associate with your FLEX account, which are like an electronic key provided by the service that acts in place of a password for authentication.

OUR USE OF PERSONAL INFORMATION AND OTHER DATA

FLEX uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. FLEX and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the App to help us improve the content and functionality of the App, to better understand our users and to improve the Services. FLEX and its Related Companies may use this information to communicate with you regarding the Services or to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
If FLEX intends to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION:

FLEX is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

911 Calls and Requests for Emergency Assistance. NOTE THAT THE SERVICE CAN NOT AND SHOULD NOT BE USED FOR 911 OR EMERGENCY CALLING. However, if you attempt to contact emergency services via the Service, we may provide personally-identifiable location information to a public safety answering point; emergency medical service provider or dispatch provider; public safety, fire service, or law enforcement official; or hospital emergency or other medical care facility. As permitted by law, we may also disclose personally-identifiable location information without a user’s consent in an emergency situation involving risk of death or serious physical harm, such as to a user’s legal guardian or members of a user’s immediate family or to database management services or information providers solely to assist in delivering emergency services.

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data that we have retained about you may be part of the transferred assets.
Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: FLEX, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: FLEX may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or valid legal process, or (ii) act in urgent circumstances to protect the personal safety of users of the App or the public.

CONTACTING YOU
FLEX may from time to time ask you to provide information on your experiences which will be used to measure and improve quality. You are at no time under any obligation to provide any of such data. Any and all information which is voluntarily submitted in feedback forms on the website or any survey that you take part in is used for the purposes of reviewing this feedback and improving the FLEX software.

FLEX may contact you to send you messages about faults and service issues. Further, FLEX reserves the right to use email, the FLEX software or SMS to notify you of any eventual claims related to your use of FLEX software, including without limitation claims of violation of third party rights.
FLEX may send you alerts by email or SMS to notify you when someone has tried to contact you. FLEX may also use email, SMS or the FLEX software to keep you up to date with news about the FLEX software other FLEX related information. You can opt-out of the receipt of alerts and/or promotional emails by clicking the ‘unsubscribe’ link on the email that you receive or by changing your notification settings on your device.

EXCLUSIONS
This Privacy Policy does not apply to any Personal Data collected by FLEX other than Personal Data collected through the App or Services. This Privacy Policy shall not apply to any unsolicited information you provide to FLEX through this App or through any other means. This includes, but is not limited to, information posted to any public areas of the App, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and FLEX shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

CHILDREN
FLEX is not intended for or designed to attract users under the age of 13. We encourage parents to be involved in the online activities of their children to ensure that no information is collected from a child without parental permission.

INTEGRATING THIRD PARTY WITHIN THE SERVICES

Some features of the Service may allow you to enable various online third party services, such as social media and networking services (“Third Party Services”), to be directly integrated into your FLEX experience. By directly integrating these services, we make your online experiences richer, and more personalized. To take advantage of this feature, we may ask you to provide us login authorization for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your information to these service providers for this purpose. When you add a Third Party Service account to the Service, we will collect your login information and other relevant information necessary to enable the Service to access that Third Party Service and your data contained within that Third Party Service. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and FLEX shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.

TRANSFERRING NUMBERS

FLEX does not allow transferring numbers to or from FLEX. FLEX always retains ownership of the FLEX numbers.
SECURITY
FLEX takes reasonable steps to protect the Personal Data provided via the App from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us or transmit via the services.

PRIVACY POLICY
The App, services and our business may change from time to time. As a result, at times it may be necessary for FLEX to make changes to this Privacy Policy. FLEX reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the App after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

ACCESS TO INFORMATION/CONTACTING FLEX

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update, correct, or delete Personal Data in our possession that you have previously submitted via this App or the Services.

Please also feel free to contact us if you have any questions about FLEX’s Privacy Policy or the information practices of this App. You may contact us as via email at support@getFLEX.com.

END USER LICENSE AGREEMENT

Xpand Marketing, LLC. (“FLEX” or “we” or “us” or “our” or other similar pronouns) offers users with mobile devices (“You”) calling and text messages services (“Services”) transacted through a licensed application (“Licensed Application”) for mobile devices. Our Licensed Application is licensed, not sold, to You for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to You.

SCOPE OF LICENSE
This license granted to You for our Licensed Application is limited to a non-transferable license to use the Licensed Application on any mobile device that You own or control and as permitted by the Usage Rules set forth in our Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of our rights. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by us that replace and/or supplement our Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

CONSENT TO USE OF DATA

You agree that we may collect and use technical data and related information, including but not limited to technical information about Your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. We may use this information, as long as it is in a form that does not personally identify You, to improve our Services offered to You (for further information on our privacy policy at http://myflexapp.com/privacy
MONEY BACK GUARANTEE

For account Subscriptions purchased directly through FLEX, a money back guarantee applies if you cancel your account within 30 days from the Subscription Date. The Subscription Date is the date that the Service was ordered; not the first day you use the Service. This money back guarantee does not apply to charges for international usage, directory assistance and any features or services not expressly included in your Subscription plan fee. We may not be able to refund all taxes you may have paid. FLEX will refund the Subscription charge under this money back guarantee (less any extraneous amounts owed) if you provide notification to terminate your account within 30 days of your Subscription Date. After termination, you will be billed for any charges for usage, services, and features that fall outside of your Subscription plan. We reserve the right to discontinue or revoke this 30-day money back guarantee at any time, with or without notice.

The money back guarantee does not apply if you signed up and are paying for FLEX Service through either the Google Play Store or the Apple iTunes App Store.

TERMINATION OR SUSPENSION OF ACCOUNT

The license is effective until terminated by You or us. We will terminate your rights under this license without notice if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

You may also terminate your FLEX account at any time for any reason, upon notice. If you signup and are paying for FLEX Service through either Google Play Store or the Apple iTunes App Store you must cancel your service through them. If your FLEX Service is directly through FLEX, you can cancel your account by logging into http://127.0.0.1:8080/wordpress/my-account  There is no refund of prepaid Subscription plans 30 days after Subscription Order Date.  In addition to the terms contained herein, FLEX reserves the right to terminate an account or subscription at any time, with or without notice. Additionally, FLEX reserves the right to suspend or cancel your FLEX account and Service without notice upon rejection of any credit card charges.
Billing, Charges, Refunds, and Pre-Authorization

You are responsible for paying all charges for your account, including but not limited to, international calls, international SMS, and for all charges to extensions attached to your account imposed on you or us as a result of your use of the Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. Prepaid debit and/or credit cards are not an acceptable form of payment for Subscription plans.

Recurring Billing
Services plans are offered in Subscriptions of 30 days (recurring), 90 days (recurring) or 1-year prepaid plans (also recurring). Prepaid plans are not refundable. The initial subscription begins on the date that you purchase the services (“Subscription Order Date”). All Subscription plans renew automatically for successive terms of the same length without further action by or notice to you unless you notify FLEX of nonrenewal at least two (2) days before the end of the then current term by submitting a FLEX Support Ticket at support@127.0.0.1. You will be billed at the time of purchase for additional services and notified by email about the addition of services. Additional services will bill at the same recurring date as the main subscription account. Number extensions will be charged immediately upon activation for the prorated amount for the current billing period. They will then be charged the full price on the primary line billing date.

SERVICES
In the course of using the Licensed Application You may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, You agree to use our Services at Your sole risk and we shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity. You further agree not to use our Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using our Services.

We make no representation that our Services are available for use in any particular location. To the extent You choose to access our Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Services at any time without notice. In no event will we be liable for the removal of or disabling of access to our Services. We may also impose limits on the use of or access to our Services, in any case and without notice or liability.

You agree, in accordance with the terms of this Agreement, NOT to send any E911, 911, operator services or any other traffic destined for any emergency 911 Center or any other local, state or federal emergency organization. FLEX will return this traffic to your originating equipment and will be held harmless from any issues arising from this traffic being blocked by FLEX. Unless specified in this Agreement or mutually agreed by the Parties, FLEX reserves the right to block any unique telecommunications services including, but not limited to, 311, 411, 611, 976, 500, 700 and 900 numbers.

Upon registering for a FLEX number; You agree to pay for the Services in one of nine ways. You may pay for a single FLEX number with an automatically recurring annual payment ($69.99), which grants You one FLEX number for a 12-month period which will automatically renew after twelve months; You may pay for a single FLEX number with an automatically recurring quarterly payment ($19.99), which grants You one FLEX number for a 3-month period which will automatically renew after three months; You may pay for a single FLEX number with an automatically recurring monthly payment ($6.99), which grants You one FLEX number for a 1-month period which will automatically renew after one month. You may pay for two FLEX numbers (“FLEX2”) with an automatically recurring annual payment ($129.99), which grants You two FLEX numbers for a 12-month period which will automatically renew after twelve months; You may pay for two FLEX numbers (“FLEX2”) with an automatically recurring quarterly payment ($34.99), which grants You two FLEX numbers for a 3-month period which will automatically renew after three months; You may pay for two FLEX numbers (“FLEX2”) with an automatically recurring monthly payment ($12.99), which grants You two FLEX numbers for a 1-month period which will automatically renew after one month. You may pay for five FLEX numbers (“FLEX5”) with an automatically recurring annual payment ($249.99), which grants You five FLEX numbers for a 12-month period which will automatically renew after twelve months; You may pay for five FLEX numbers (“FLEX5”) with an automatically recurring quarterly payment ($74.99), which grants You five FLEX numbers for a 3-month period which will automatically renew after three months; You may pay for five FLEX numbers (“FLEX5”) with an automatically recurring monthly payment ($24.99), which grants You five FLEX numbers for a 1-month period which will automatically renew after one month. You will have the ability to manage your subscriptions at (http://127.0.0.1:8080/wordpress/my-account); including dropping a single line and keeping certain numbers. The pricing structure associated with your subscription(s) will change accordingly, depending on the package You select when changing your subscription. If payments are not made, or payment type is not valid, FLEX maintains the right to cancel the subscription and rescind the FLEX number assigned to You.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION AND SERVICES OR THAT THE LICENSED APPLICATION AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

JURISDICTION

The laws of the State of Florida, govern this license and your use of the Licensed Application. You expressly agree that the courts in the State of Florida have exclusive jurisdiction over any claim or dispute with FLEX or relating in any way to your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.