This Flex.io Terms of Service was last updated and became effective on June 23, 2017.
Flex.io is a data processing and integration service and website offered through the URL www.flex.io (collectively, the “Service”). Flex.io is owned and operated by Gold Prairie LLC, a Delaware Limited Liability Company (“Flex.io” or “we”, “us”, or “our”). This Terms of Service, together with any amendments, order forms, and any additional agreements you enter into with Flex.io in connection with the Service (collectively, “Terms”), govern your access to and use of the Service. These Terms apply to all visitors, users and others who access or use the Service. Please read them carefully before using the Service.
By accessing or using the Service you irrevocably agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service. If you are using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
Flex.io expressly reserves the right to modify the Terms at any time in its sole discretion, and without prior notice to you, by including such alteration and/or modification in these Terms, along with a notice of the effective date of such modified Terms. Any continued use by you of the Service after the posting of such modified Terms shall be deemed to indicate your irrevocable agreement to such modified Terms. Accordingly, if at any time you do not agree to be subject to any modified Terms, you may no longer use the Service.
The Service may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Service at any time without prior notice to you. We may also remove any content (including your content) from the Service at our discretion. We also may impose limitations on bandwidth usage for the Service (for example, in the case of security incidents or if we reasonably suspect abuse of the Service) as we, in our sole discretion, determine to be appropriate.
You acknowledge and agree that the Service operates on or with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (“Third-Party Services”). Flex.io is not responsible for the operation of any Third-Party Services, nor the availability or operation of the Service to the extent such availability and operation is dependent upon Third-Party Services. You are solely responsible for procuring any and all rights necessary to access Third-Party Services and for complying with any applicable terms or conditions thereof. Flex.io does not make any representations or warranties with respect to Third-Party Services. Any exchange of data or other interaction between you and Third-Party Services is solely between you and that third party, and is governed by such third party’s terms and conditions.
You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Flex.io of any unauthorized use of your password or username or any other breach of security immediately as set forth in the “Contacting Flex.io” section below. You agree that Flex.io will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.
You may use your User Account for the Service only in accordance with these Terms and only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Service.
The Service is intended solely for individuals who are at least 13 years of age or older. Any registration on or use of the Service by anyone under 13 is unauthorized. By using the Service, you represent and warrant that you are at least 13 years old.
As an express condition of being permitted to open an Account, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Department of Commerce’s List of Denied Persons, Entity, or Unverified List, and the Treasury Department’s List of Specially Designated Nationals and Consolidated Sanctions List) or other applicable jurisdiction and (iii) are not a resident of any countries that are subject to U.S. export restrictions in violation of U.S. export control laws.
In receiving this Service, including any software we may provide in connection with the Service, you understand and acknowledge that the Service may be subject to export, re-export and import restrictions under applicable law. You agree to comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to this Service, and to the extent consistent with these Terms, to obtain any necessary license or other authorization to export, re-export, or transfer such software or other aspects of our Service.
Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms, Flex.io hereby grants to you the personal, non-transferable, non-exclusive right and license to use the Service, solely for your own internal business purposes, until such time as either you or Flex.io elect to terminate such right in accordance with these Terms. We reserve all rights in the Service (including all intellectual property rights) not expressly granted in these Terms.
Registration for a User Account and access to selected features of the Service are currently provided to you free of charge while Flex.io is in beta testing. Flex.io may charge fees for access to certain portions of the Service (“Paid Service”) and will notify you of those fees at the time that we offer you a Paid Service.
Upon offering of a Paid Service, some features of the Service may only be accessed and used upon the payment of applicable fees (“Fees”). Fees and terms may vary depending on usage in accordance with our current pricing policy or an applicable order form. If you do not initially register for a version of the Service that requires the payment of a fee, you will nonetheless be permitted to use all of the features of the Service for a period of time in accordance with our current pricing policy (“Free Trial Period”). Upon the expiration of the Free Trial Period, you will only be able to access and use those features of the Service the use of which does not require the payment of a Fee, unless you subsequently upgrade to a paid version of the Service. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding taxes imposed on Flex.io’s income. Except as set forth in the Terms, all Fees for the Service are non-refundable. No contract will exist between you and Flex.io for the Service until Flex.io accepts your order by a confirmatory e-mail or other appropriate means of communication. Flex.io reserves the right at any time to change its prices and billing methods, either immediately upon posting on our website or by e-mail delivery to you.
Flex.io may terminate your account and your access to the Service (including, any Paid Service) at any time, for any reason or for no reason, without warning. You may terminate your account and your access to the Service at any time, for any reason or for no reason, by contacting us by email at firstname.lastname@example.org. For a Paid Service, if you cancel your User Account before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
You acknowledge that Flex.io may establish general practices and limits concerning use of the Service, including without limitation limits on the periods for which data or other uploaded content will be retained by Flex.io. You agree that Flex.io has no responsibility or liability for the deletion or failure to store any data or other content maintained by or transmitted to Flex.io. You acknowledge that Flex.io reserves the right to deactivate your account if it is inactive for longer than one (1) year.
The Service and all of the content created, developed or licensed by Flex.io on the Service (as updated from time-to-time), including, without limitation, any trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Flex.io Content”) are owned by or licensed to Flex.io or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, right of publicity and other laws and by international treaties. Except for the limited license granted in the following paragraph, nothing contained in these Terms or on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Flex.io Content in any manner without the prior written consent of Flex.io or such third party that may own the Flex.io Content or intellectual property displayed on the Service. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the Flex.io Content is strictly prohibited. You agree not to use the Flex.io Content for any unlawful purposes and not to violate Flex.io’s rights or the rights of others. Flex.io may add, change, discontinue, remove or suspend any of the Flex.io Content at any time, without notice and without liability.
Flex.io grants you the limited, revocable, non-transferable, non-exclusive right to use the Flex.io Content and Third-Party Content (collectively, “Service Content”) by displaying the Service Content on your computer, and downloading and printing pages from the Service containing Service Content, under the condition that (i) such activity is solely for your personal, education or other noncommercial use, (ii) you do not modify or prepare derivative works from the Service Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on the Service or Service Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Service Content and (v) you do not copy any Service Content to any other media or other storage format.
Data, commands, scripts, logic, content, code, video, images or other materials of any type that you upload, submit, connect to or otherwise transmit to or through the Service remain yours (“Your Content”). You will retain all right, title and interest in and to Your Content in the form provided to Flex.io. Subject to these Terms, you hereby grant to Flex.io a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Content, in each case solely to the extent necessary to provide the applicable Service to you and (b) to distribute and publicly perform and display Your Content as you direct or share or enable through the Service. Flex.io may also access your User Account or instance in order to respond to your support requests.
You must ensure that your use of the Service and all Your Content is at all times compliant with our Terms and all applicable local, state, federal and international laws and regulations (“Laws”). You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all Your Content to Flex.io and to grant the rights granted to Flex.io in these Terms and (ii) Your Content and its transfer to and use by Flex.io as authorized by you under these Terms do not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Flex.io assumes no responsibility or liability for Your Content, and you shall be solely responsible for Your Content and the consequences of using, disclosing, storing, or transmitting it.
You will not submit to the Service (or use the Service to collect): (i) any personally identifiable information, except as necessary for the establishment of your User Account; (ii) any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or (iii) any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) ((i) through (iii), collectively, “Sensitive Data”). You also acknowledge that Flex.io is not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that the Service are not HIPAA compliant. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, Flex.io has no liability under these Terms for Sensitive Data.
You will defend, indemnify and hold harmless Flex.io from and against any loss, cost, liability or damage, including attorneys’ fees, for which Flex.io becomes liable arising from or relating to any claim relating to Your Content, including but not limited to any claim brought by a third party alleging that Your Content, or your use of the Service is in breach of these Terms, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. This indemnification obligation is subject to your receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all reasonable necessary cooperation of Flex.io at your expense.
Flex.io does not pre-screen Your Content and has no obligation to monitor any content transmitted to the Service. Nonetheless, if we deem such action necessary based on your violation of these Terms or in response to takedown requests that we receive following our policy for reporting copyright infringement, we may (1) remove Your Content from the Service or (2) suspend your access to the Service. We will generally alert you when we take such action and give you a reasonable opportunity to cure your breach, but if we determine that your actions endanger the operation of the Service or other users, we may suspend your access immediately without notice. You will continue to be charged for the Service during any suspension period. We have no liability to you for removing or deleting Your Content from or suspending your access to the Service as described in this section.
There may be storage limits associated with the Service. We may impose new, or may modify existing, storage limits for the Service at any time in our discretion, with or without notice to you.
Access to the Service is provided through your User Account. However, through the Service, you may have the option to share Your Content either privately with colleagues or publicly on the Internet. Sharing is governed by permissions you configure within the Service. Specifically, some of Your Content, including but not limited to data files and processing logic, may be combined together into processes called pipes (“Pipes”). You may designate whether the Pipes are private (meaning that access to those Pipes will be limited to you and to those whom you provide permissions to view, run and/or edit) or public (meaning that anyone with a link to the Pipes can view them).
YOU ACKNOWLEDGE THAT ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS THE RESPONSIBILITY OF THE USER ACCOUNT OWNER CONTROLLING THE PARTICULAR PIPES. FLEX.IO IS NOT THE LICENSOR OF ANY THIRD-PARTY CONTENT MADE AVAILABLE THROUGH THE SERVICE AND TAKES NO RESPONSIBILITY FOR SUCH CONTENT.
Use caution when granting permissions to your Pipes. Once you grant such permissions, Flex.io will not be able to prevent those users from taking the actions allowed under those permissions, even if you don’t approve of those actions. For example, if you make a Pipe public, other users may make a copy of that Pipe and use it in their own account without your knowledge. Be especially careful about granting administrative access to your Pipes, as some of those actions may be irreversible. For example, if you grant someone a permission that allows them to edit the content your Pipe, those changes may be permanent and Flex.io will not be able to recover that content and neither will be able to arbitrate disputes among or between users. In that case, your only recourse may be pursuing legal action against the other user directly.
With respect to the foregoing, you hereby acknowledge and agree that your relationship with Flex.io is not a confidential, fiduciary, or other special relationship, and that your decision to submit Your Content to Flex.io or to post any such information on the Service does not place Flex.io in a position of trust or any position that is any different from the position held by members of the general public with regard to Your Content that you submit or post. You hereby waive any moral rights (or “droit moral”) you may have in and to any of Your Content that you post on the Service or submit to Flex.io, even if Your Content is altered or changed in a manner not agreeable to you.
Flex.io is trusted by its users, and we trust you to use our Service responsibly. As such, you agree not to use the Service in prohibited manners, including but not limited to the following:
- Using the Service to encourage any illegal, abusive, or other activities that interfere with the business or activities of Flex.io.
- Attempting to bypass or break any security mechanism on the Service or using the Service in any other manner that poses a security or service risk to Flex.io or any of its users.
- Reverse-engineering the Service in order to find limitations, vulnerabilities, or evade filtering capabilities.
- Using the Service in any manner that may subject Flex.io or any third party to liability, damages, or danger.
- Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on the Service or any other conduct that adversely impacts the availability, reliability, or stability of the Service.
- Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
- Engaging in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction).
- Using the Service to harvest or otherwise collect information about others, including email addresses or phone numbers.
- Using the Service to publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
- Using the Service to engage in, or in connection with, fraudulent activity.
- Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software.
- Taking any action to participate in, encourage, or promote any activity prohibited under these Terms.
- Using the Service to transmit any material that infringes the intellectual property rights or other rights of third parties.
- Using the Service to transmit any material that is libelous, defamatory, discriminatory, obscene or otherwise malicious or harmful to any person or entity.
- Creating a false identity or forged email address or header or otherwise attempting to mislead others as to the identity of the sender or the origin of a message.
- Using the Service, or any component of the Service, in any manner not authorized by Flex.io.
Certain features of the Service may be subject to a separate written agreement with Flex.io. You agree that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms. Flex.io will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Service and may be referred to law enforcement authorities.
As between you and Flex.io, we exclusively own and reserve all right, title and interest in and to our Service. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. As between you and Flex.io, you exclusively own and reserve all right, title and interest in Your Content and the content of any communications sent through integration with our Service.
We welcome your feedback, comments or suggestions on our Service, which is entirely voluntary. By submitting suggestions or other feedback about our Service, you hereby grant to Flex.io a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you to Flex.io that is related to the Service.
You agree that Flex.io may identify you as a user of the Service and may use your company logo on our website and in our marketing materials to promote the Service. Any use of your company logo will be general in nature and will not mention specifics about your use of the Service. You may opt-out at any time by contacting us as set forth in the “Contacting Flex.io” section below.
As a condition of your right to use the Service, you agree to respect the intellectual property rights of others. Accordingly, you agree not to upload or post to the Service any copyrighted materials, trademarks or other proprietary information belonging to any third party without the prior consent of the applicable third party. You acknowledge that Flex.io will terminate your access to the Service if you repeatedly infringe the copyright of third parties. If you believe that your copyrighted work has been illegally uploaded or posted on the Service, you may send a written notice to Flex.io at email@example.com, and Flex.io will respond pursuant to its Digital Millennium Copyright Act (“DMCA”) procedure. Flex.io’s DMCA procedure is in accordance with that suggested by DMCA, the text of which can be found at the U.S. Copyright Office website. Flex.io reserves all rights to seek damages and fees associated with infringement and or fraud.
YOU UNDERSTAND AND AGREE THAT THE SERVICE, INCLUDING THE FLEX.IO WEBSITE, AND ALL MATERIAL CONTAINED OR MADE AVAILABLE ON THEM (INCLUDING, WITHOUT LIMITATION, ALL USER CONTENT) ARE PROVIDED AND MADE AVAILABLE SOLELY “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE AT LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MANY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
YOU AGREE THAT FLEX.IO AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM, OR IN CONNECTION WITH, THE SERVICE, ANY USER-SHARED PUBLIC PIPES MADE AVAILABLE BY FLEX.IO, AND ANY OTHER INTERACTIVE FEATURES ON ANY SERVICE, THE CONTENT POSTED AND MADE AVAILABLE ON THE SERVICE, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE WEBSITES AND ANY MATERIALS POSTED OR MADE AVAILABLE ON THE SERVICE, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SERVICE OR ANY RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES, OR ANY OF THEM, BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN UNITED STATES DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION WHICH RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
BY ACCESSING ANY SERVICE SUBJECT TO THESE TERMS, I UNDERSTAND THAT I AM WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Flex.io makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Service. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by Flex.io. Views and opinions of users (including the blog posts or comments of Flex.io employees) of the Service do not necessarily state or reflect those of Flex.io.
The Internet is inherently insecure. Flex.io expressly disclaims any and all liability, and you agree that Flex.io will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Flex.io any information. Flex.io makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Service. The Service may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason.
You agree to defend, indemnify and hold harmless Flex.io, its affiliates, subsidiaries, licensors and assigns, and their respective officers, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or in any way related to your use of the Service or any content downloaded, obtained, used or otherwise accessed or acquired through the Service: (i) in breach of these Terms or in violation of any law or regulation; (ii) that attempts, commits or results in any actual or alleged infringement, misappropriation or violation of any third party’s rights; and/or (iii) in breach of any agreement between you and any third party. Flex.io reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Flex.io. This indemnification section will survive any termination or expiration of these Terms.
Flex.io operates its websites in the United States. Information contained on the Service may not be appropriate or available for use in other locations, and access to this website from territories where the content of the website may be illegal is prohibited. If you access this website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms shall be construed and enforced in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles. You agree that any lawsuit filed by you with respect to the Terms and/or your use of the Service must be filed exclusively in the County of Cook, State of Illinois.
Any questions or concerns regarding these Terms should be directed to: firstname.lastname@example.org, or via mail to Gold Prairie LLC, Attn: Flex.io Terms of Service, 1 North State Street, Suite 1500, Chicago, Illinois 60602, U.S.A.
These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms supersede all prior or contemporaneous discussions, proposals and agreements between you and Flex.io relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms will be effective unless in writing and signed by an officer of Flex.io. If any provision of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. Flex.io’s failure to exercise, or delay in exercising, any of Flex.io’s rights under these Terms will not constitute or be deemed a waiver or forfeiture of those rights. These Terms are intended to be and are solely for the benefit of Flex.io and you and do not create any right in favor of any third party.