Terms
FlexMerchandise LLC User Terms and Conditions
Last Updated on November 31, 2020
Welcome to FlexMerchandise LLC. We look forward to helping
You grow Your on-line sales beyond anything You have done before, so You can
take Your business as far as You can imagine. This Agreement sets forth Your
rights and obligations as a FlexMerchandise LLC User. By clicking “I Agree,”
You indicate that You have read and understood this Agreement and You will be
bound by its Terms.
By clicking “I Agree” to these Terms, transferring payment
to FlexMerchandise LLC, and creating a User Account, you become a FlexMerchandise
LLC User. There are various products and services available to Users, and
monthly prices applicable to such products and services. FlexMerchandise LLC’s
products, services, and prices are subject to change without notice. By
clicking “I Agree” and providing FlexMerchandise LLC Your credit card
information You authorize FlexMerchandise LLC to charge Your credit card in the
amount indicated for the value of the services You select, including any future
price changes. By Your continued use of FlexMerchandise LLC's services, and
unless You terminate this agreement as provided herein, you agree that FlexMerchandise
LLC may charge Your credit card monthly for the products and services You have
selected, and You consent to any price changes for such services.
III. Term and Termination
Your User contract with FlexMerchandise LLC begins when You
click “I Agree,” and will continue month-to-month until either:
FlexMerchandise LLC cancels Your account due to Your breach
of any of the Terms of this Agreement. In the event this Agreement is cancelled
due to Your breach, you will not be entitled to pro-rate Your last month’s use,
nor will You be entitled to any refund for any payments You have made to FlexMerchandise
LLC.
OR
You provide FlexMerchandise LLC ten (10) days’ notice, as
provided herein, of Your cancellation of Your account. If You provide such
notice less than ten (10) days before the next billing date, your credit card
may still be charged. You will not be entitled to pro-rate Your last payment,
nor will You be entitled to any refund for any payments to FlexMerchandise LLC.
OR
Your credit card or FlexMerchandise LLC’s charge is denied
for any reason and You do not provide FlexMerchandise LLC a new credit card
within ten (10) days.
Any content on any FlexMerchandise LLC's website may constitute
the intellectual property of FlexMerchandise LLC. Except where expressly
authorized, no material on any FlexMerchandise LLC website may be copied,
reproduced, distributed, republished, uploaded, displayed, posted or
transmitted in any way whatsoever. The FlexMerchandise LLC logo is proprietary
marks of FlexMerchandise LLC, and the use of those marks is strictly
prohibited. Nothing herein gives You the right to use, copy, register as a
domain name, reproduce, or otherwise display any logo, tagline, trademark,
trade name, copyrighted material, patent, trade dress, trade secret, or
confidential information owned by FlexMerchandise LLC or any of FlexMerchandise
LLC’s affiliates.
Indemnity.
You agree to protect, defend, indemnify and hold harmless FlexMerchandise
LLC, its officers, directors, employees, owner(s), and parent company(ies) and
assigns from and against all claims, demands, and causes of action of every
kind and character without limit arising out of Your conduct. Your indemnity
obligation includes, but is not limited to, any third-party claim against FlexMerchandise
LLC for liability for payments for, damages caused by, or other liability
relating to, You.
VII. No Warranty; No Leads.
FlexMerchandise LLC does not promise, guarantee or warrant
Your business success, income, or sales. You understand and acknowledge that FlexMerchandise
LLC will not at any time provide referrals to You. Additionally, FLEXMERCHANDISE
LLC ’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FlexMerchandise
LLC MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS
OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY FLEXMERCHANDISE
LLC WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT
YOUR SOLE RISK. FLEXMERCHANDISE LLC MAKES NO REPRESENTATION OR WARRANTY (A)
THAT ANY FLEXMERCHANDISE LLC WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY
BASIS, OR THAT ACCESS TO ANY FLEXMERCHANDISE LLC WEBSITE OR SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE
CORRECTED; OR (C) THAT ANY FLEXMERCHANDISE LLC’S WEBSITE OR THE SERVERS OR
NETWORKS THROUGH WHICH ANY FLEXMERCHANDISE LLC’S WEBSITE IS MADE AVAILABLE ARE
SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
The FlexMerchandise LLC websites may include inaccuracies,
errors and materials that conflict with these Terms. In the event of any
conflict between anything posted on any FlexMerchandise LLC website and these
Terms, these Terms shall control.
VIII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL FLEXMERCHANDISE LLC’S
LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF
THREE (3) TIMES THE PAYMENTS PAID BY YOU TO FLEXMERCHANDISE LLC FOR THE MONTH
PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST FLEXMERCHANDISE
LLC OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OF ANY KIND OR DESCRIPTION.
Force Majeure.
FlexMerchandise LLC will not be responsible to You for any
delay, damage, or failure caused by or occasioned by a Force Majeure Event. As
used in this Agreement, “Force Majeure Event” shall mean: any act of God, act
of nature or the elements, terrorism, insurrection, revolution or civil strife,
piracy, civil war or hostile action, labor strikes, acts of public enemies,
federal or state laws, rules and regulations of any governmental authorities having
jurisdiction over the premises, inability to procure material, equipment, or
necessary labor in the open market, acute and unusual labor, material, or
equipment shortages, or any other causes beyond the control of FlexMerchandise
LLC. Delays due to any of the above causes shall not be deemed to be a breach
of or failure to perform under this Agreement. FlexMerchandise LLC shall not be
required against its will to adjust any labor or other similar dispute except
in accordance with applicable law.
Assignment of Rights.
FlexMerchandise LLC may assign its rights under this
Agreement at any time, without notice to You. Your rights arising under this
Agreement cannot be assigned by without FlexMerchandise LLC’s or its assigns
express written consent.
Information; Registration; User Names and Passwords
When you create an account with FlexMerchandise LLC. You
warrant that the information You provide Us is truthful and accurate, and that
You are not impersonating another person. You are responsible for maintaining
the confidentiality of any password You may use to access Your FlexMerchandise
LLC User account, and You agree not to transfer Your password or User name, or
lend or otherwise transfer Your use of or access to Your User account, to any
third party. You are fully responsible for all transactions with, and
information conveyed to, FlexMerchandise LLC under Your User Account. You agree
to immediately notify FlexMerchandise LLC of any unauthorized use of Your
password or User name or any other breach of security related to Your User
account. You agree that FlexMerchandise LLC is not liable, and You will hold FlexMerchandise
LLC harmless, for any loss or damage arising from Your failure to comply with
any of the foregoing obligations.
XII. Release/Authorization to Use Photographs.
You grant FlexMerchandise LLC permission to use any and all
photographs taken by FlexMerchandise LLC or its agents or employees, or
submitted by You to FlexMerchandise LLC (hereinafter “Photographs”) in any
Media (including print, internet, film, television and no matter how
distributed or published) for any purpose, which may include, but shall not be
limited to, advertising, promotion, marketing and packaging of FlexMerchandise
LLC or any product or service sold and marketed by FlexMerchandise LLC. You
agree that this authorization to use Photographs may be assigned by FlexMerchandise
LLC to any other party. You agree that that the Photographs may be combined
with other Photographs, sounds, text and graphics, and that the Photographs may
be manipulated, cropped, altered or modified in FlexMerchandise LLC’s sole
discretion. You agree not to charge a royalty or fee, and not to make any other
monetary assessment against FlexMerchandise LLC in exchange for this Release
and Assignment. You hereby release and forever discharge FlexMerchandise LLC
from any and all liability and from any damages You may suffer as a result of
the use of the Photographs. You further acknowledge and agree that this Release
is binding upon Your heirs and assigns. You agree that this Release is
irrevocable.
XIII. Prohibited Activity.
FlexMerchandise LLC has the right to terminate this
Agreement at any time if You engage or have ever engaged in any of the
following:
HARMFUL ACTS. Any dishonest or unethical business practice;
any violation of the law; infliction of harm to FlexMerchandise LLC’s
reputation; and the violation of the rights of FlexMerchandise LLC or any third
party.
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero
tolerance for UCE/spam. Any communications sent or authorized by You reasonably
deemed “spamming,” or any other unsolicited solicitations (including without
limitation postings on social media or third-party blogs) will be deemed a
material threat to FlexMerchandise LLC’s reputation and to the rights of third
parties. It is Your obligation, exclusively, to ensure that all business
communications comply with state and local anti-spamming or analogous laws.
OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or
authorized by You, including without limitation postings on any website
operated by You, or social media or blog, which are: sexually explicit,
obscene, or pornographic; offensive, profane, hateful, threatening, harmful,
defamatory, libelous, harassing, or discriminatory; graphically violent;
solicitous of unlawful behavior; or that violates the intellectual property
rights of another.
XIV. Contact
If You have any questions or complaints concerning any of
the Terms, you may contact FlexMerchandise LLC by opening a support ticket.
Digital Millennium Copyright Act
If You believe that materials or content available on any FlexMerchandise
LLC website infringes any copyright You own, You or Your agent may send FlexMerchandise
LLC a notice requesting that FlexMerchandise LLC remove the materials or
content from the FlexMerchandise LLC's website. If You believe that someone has
wrongly filed a notice of copyright infringement against You, you may send FlexMerchandise
LLC a counter-notice. Notices and counter-notices should be sent to FlexMerchandise
LLC's, Attention Legal Department, at ATTN: DMCA Notice, 15201 Mason Rd. Ste
1000 #145 Cypress, TX - 77433.
XVI. Arbitration, Governing Law, and Attorneys’ Fees.
ARBITRATION. Any claim or grievance of any kind, nature or
description that You have against FlexMerchandise LLC including, but not
limited to, economic losses, personal injury, or property damage, shall be
resolved exclusively in binding arbitration in Ada County, Idaho. You agree not
to file suit against FlexMerchandise LLC or any of its affiliates, subsidiaries,
officers, directors, employees, successors, or assigns. The arbitration will
take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by
You and FlexMerchandise LLC. In the event that You and FlexMerchandise LLC are
unable to reach agreement on an Arbitrator, You and FlexMerchandise LLC will
each select an arbitrator, and the two of them will select the Arbitrator, who
must be a resident of Texas. The arbitrators selected by You and FlexMerchandise
LLC will have no further involvement in the arbitration. The Arbitrator will
determine the rules governing arbitration. The decision of the Arbitrator will
be final and binding on You and FlexMerchandise LLC and may be reduced to a
judgment in any court of competent jurisdiction. This agreement to arbitrate
survives any termination or expiration of the Agreement.
GOVERNING LAW. This Agreement shall be governed, construed,
and interpreted in accordance with the laws of the State of Idaho without
regard to any choice of law provisions.
WAIVER OF CLASS ACTION CLAIMS. You understand and agree that
You will not have the right to participate in a representative capacity or as a
member of any class of claimants pertaining to any claims that may arise under,
or be in any way related to, this Agreement. There is no right or authority for
any claim You have against FlexMerchandise LLC to be brought on a class action
basis or on any basis involving claims brought in a purported representative
capacity on behalf of the general public, or on behalf of other persons or
entities similarly situated. Claims brought against FlexMerchandise LLC may not
be joined or consolidated with claims brought by anyone else.
LIMITATIONS PERIOD. Any claim brought in arbitration must be
brought within the time period set forth in any statute of limitations that,
but for this agreement to arbitrate, would apply to the claims asserted in any
arbitration proceeding.
INJUNCTIVE RELIEF. Nothing in this Agreement prevents FlexMerchandise
LLC from applying to and obtaining from any court having jurisdiction a
temporary injunction, preliminary injunction, permanent injunction, or other
relief available to protect FlexMerchandise LLC’s rights prior to, during, or
following any arbitration proceeding.
ATTORNEYS’ FEES. You agree that in the event of any
arbitration or litigation, each Party will each bear its own costs and
attorneys’ fees, regardless of who is deemed the prevailing party. The
foregoing notwithstanding, if either You or FlexMerchandise LLC commences an
action in a court of law or equity and the responding Party successfully moves
such court to compel arbitration, the Party who moved for the order compelling
arbitration shall be entitled to recover its reasonable costs and attorneys’
fees incurred on the motion to compel from the other Party.
XVII. Changes to Terms
FlexMerchandise LLC reserves the right to change these
Terms, in whole or in part, from time to time at FlexMerchandise LLC’s sole and
absolute discretion, and to provide You with notice of such change by any
reasonable means, including without limitation posting revised Terms
https://www.clickfunnels.com/terms. By Your continued use of FlexMerchandise
LLC’s services, and unless You terminate this agreement as provided herein, you
manifest Your agreement to any subsequent changes to the Terms.
XVIII. Severability
If any Term set forth herein is deemed unenforceable under
any applicable law, the remaining Terms shall remain in full force and effect
and these Terms shall be read, collectively, as if the unenforceable Term(s)
were omitted.
XIX. Waiver.
No waiver by FlexMerchandise LLC of any breach or default of
these Terms will be deemed to be a waiver of any preceding or subsequent breach
or default.
Heading.
Any heading, caption or section title contained herein is
inserted only as a matter of convenience, and in no way defines or explains any
section or provision hereof.
XXI. Notice.
Any notice required to be given to FlexMerchandise LLC under
or related to these Terms must be in writing, addressed as follows:
FlexMerchandise LLC
900 N Broad St
Suite #417
Griffith, IN 46319
General Support and Inquiries: info@flexmerchandise.com
Compliance: info@flexmerchandise.com
Spam or Abuse: info@flexmerchandise.com