Terms of Use

The effective date of these Terms of Use is July 20, 2015.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE REPRESENT A BINDING CONTRACT. BY USING THIS WEBSITE, YOU AGREE TO ALL TERMS AND CONDITIONS OF THESE TERMS OF USE. If you do not agree to be bound by any of these Terms of Use, do not use this website or the Flex.io Services.

Flex.io is a data repository service and website offered through the URL www.flex.io (the “Flex.io Services”). Flex.io is owned and operated by Flex.io LLC, a Delaware Limited Liability Company (“Flex.io” or “we”, “us”, or “our”). Flex.io makes its website and Flex.io Services available only subject to your binding agreement to these Terms of Use; your use of the website and Flex.io Services is wholly voluntary. These Terms of Use govern your use of the Flex.io Services. You agree to these Terms of Use by accessing or using any features of the Flex.io Services, by acknowledging your agreement to these Terms of Use, and/or by accepting any information from the Flex.io Services. Flex.io reserves the right in its sole discretion to modify, alter or otherwise change these Terms of Use and you agree to be bound by such modifications, alterations or changes. Flex.io will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms of Use. Flex.io encourages you to revisit and review the Terms of Use posted here periodically. Your continued use of this website after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes. You also agree that the form and nature of the Flex.io Services may change from time to time without prior notice to you including, without limitation, certain features or functionality no longer being available.

You may be required to provide personally identifiable information to use and/or access certain portions of the Flex.io Services. You agree that any information that you provide to Flex.io will be accurate and that you will make reasonable efforts to keep that information up to date. Please review the Flex.io Privacy Policy, which you also agree to and accept by using the Flex.io Services, and which is specifically incorporated into these Terms of Use.

You may terminate this legal agreement with Flex.io at any time by providing notice in accordance with the “Contacting Flex.io” section below, closing your user account (see the “Your Account” section below) and discontinuing any use of the Flex.io Services. Flex.io may terminate this agreement with you at any time: (a) if you have breached or threatened to breach these Terms of Use; (b) if Flex.io is required to do so by law; or (c) Flex.io no longer makes the Flex.io Services available for any or no reason.

General Usage of the Flex.io Services

You agree that you will:

  • only use the Flex.io Services as permitted by these Terms of Use and as permitted by law;
  • not access, or attempt to access, restricted or registration-required portions of any of the Flex.io Services by any means other than the interface provided by Flex.io;
  • use any Flex.io Services to threaten, harass, intimidate, stalk or otherwise abuse another user;
  • not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Flex.io), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Flex.io in its sole discretion);
  • not interfere with or disrupt the use and enjoyment of the Flex.io Services by Flex.io or any third party;
  • not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with Flex.io’s or any third party’s use and enjoyment of the Flex.io Services and any other software, hardware and data;
  • not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Flex.io Services or to Flex.io, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Flex.io Services for any reason;
  • not transmit, post, send, upload, distribute, submit or otherwise make available through the website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
  • not resell, frame, duplicate, reproduce or otherwise commercially exploit the Flex.io Services without the prior written agreement of Flex.io;
  • not remove, obscure or alter any proprietary rights notices on any Flex.io Services or any material obtained from or through any Flex.io Services;
  • not download, export or re-export any software from any Flex.io Services: (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions in violation of U.S. export control laws; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or anyone on the U.S. Commerce Department’s Table of Denial Orders; and
  • not violate any applicable local, state, federal or international law, rule or regulation.

Certain features of the Flex.io Services 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 of Use.

Flex.io will determine your compliance with these Terms of Use in its sole discretion and its decision shall be final and binding. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Flex.io websites and may be referred to law enforcement authorities.

Interactive Areas

Flex.io may make user repository content areas, user blog comment areas and other interactive areas available to users of the Flex.io Services. As a user, you may express your opinions and share information in these interactive areas. While Flex.io does not currently limit the number of postings you may make, Flex.io may, in its sole discretion, limit the size and number of postings and transmissions that you make using the Flex.io Services. Your conduct in the interactive areas of the Flex.io Services is subject to all of the Terms of Use, including, without limitation, the “General Usage of the Flex.io Services” section above and the “Ownership of User Content” section below. Most of the interactive areas of the Flex.io Services require registration and a valid user account. You acknowledge and agree that Flex.io may disable access to your account for any violation of this policy, which may prevent you from accessing areas of the Flex.io Services.

You acknowledge and agree that Flex.io is not responsible for the conduct of users in the interactive areas of Flex.io Services. FLEX.IO SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, LIABILITY, CLAIMS, SUITS, COSTS, EXPENSES, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM ANY MATERIAL OR CONTENT POSTED IN THE INTERACTIVE AREAS OF THE FLEX.IO SERVICES. You acknowledge and agree that you may be exposed to content that you may find offensive, indecent or objectionable and, that in such respect, you use the Flex.io Services at your own risk.

Likewise, Flex.io does not and cannot review every message or other content posted by users in the interactive areas of Flex.io Services, and Flex.io is not responsible for the content of such messages or content or the views or opinions expressed by the author of any message. Flex.io reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Flex.io Services for any reason in Flex.io’s sole discretion. You understand that any content that you post and/or upload on the Flex.io Services will be considered a submission for purposes of these services. In addition, Flex.io may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Flex.io or to protect the safety of our users or the public.

Your Account

To access and use the Service, you must register for an account. When registering, you must fill in all mandatory fields with accurate, current and complete information about yourself as prompted in the registration form and keep this information up to date. You may access your account information and update your account at any time as described in our Privacy Policy. Flex.io has the right to suspend or terminate your account and refuse any and all use of the Flex.io Services if it suspects that your account information is inaccurate, not current or incomplete.

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.

Registration for a Flex.io account and access to selected features of the Flex.io Services are currently provided to you free of charge. Flex.io may charge fees for access to certain portions of the Flex.io Services (“Paid Services”), and will notify you of those fees at the time that we offer you a Paid Service. You may not share access to a Paid Service with any other individual. By electing to access a Paid Service, you authorize Flex.io to direct its third party payment processor to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for that Paid Service in U.S. Dollars, including all applicable taxes. If Flex.io does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and Flex.io may suspend your access to the Paid Services until you have paid all outstanding amounts. You agree to reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Flex.io to collect any amounts that are not paid when due. You may cancel your use of a Paid Service or your account at any time. All sales are final and Flex.io will not refund any amounts paid, except as expressly provided in these Terms of Use. You acknowledge that Flex.io reserves the right to change its fees at any time upon prior notice to you. At no time will you be charged without your prior knowledge and consent.

Flex.io may terminate your account and your access to the Flex.io Services (including, any Paid Service) at any time, for any reason, without warning. You may terminate your account and your access to the Flex.io Services at any time, for any reason, by contacting us by email at hello@flex.io. Requests for account termination may also be sent to us at the mailing address included at the end of these Terms of Use. Even after your account is terminated, these Terms of Use will remain in effect. In the event that you or Flex.io terminate your access to a Paid Service, Flex.io will not refund any amounts paid for cancelled Paid Services, unless Flex.io terminates your access to a Paid Service solely for its convenience at which point Flex.io will refund any amounts paid by you for use of the Paid Service after the effective termination date.

You acknowledge that Flex.io may establish general practices and limits concerning use of the Flex.io Services, 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.

Ownership of Flex.io Content

The Flex.io Services and all of the content created, developed or licensed by Flex.io on the Flex.io Services (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 “Material”) 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 of Use or on the Flex.io Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Flex.io or such third party that may own the Material or intellectual property displayed on the website. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the Material is strictly prohibited. You agree not to use the Material for any unlawful purposes and not to violate Flex.io’s rights or the rights of others. You are advised that Flex.io will enforce its rights to the fullest extent of the law. Flex.io may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.

Flex.io may, from time to time, designate portions of the Flex.io Services (e.g., scripts, code or certain files) for use by users of the Flex.io Services. You agree that any rights or restrictions stated at the point of availability of such materials are incorporated into and made a part of this agreement between you and Flex.io and are binding on you with respect to your use of those materials. In the absence of any rights and restrictions expressly stated at the point of availability of the materials or any license agreement accompanying or associated with such materials, which you agree will supersede and prevail over these Terms of Use, Flex.io hereby grants you a perpetual, worldwide, royalty-free right and license to make, use, reuse, modify, display, archive, publish, license, perform, reproduce, disclose, transmit, stream, broadcast, post, sell, offer for sale, license and sub-license through multiple layers (including, without limitation, through any proprietary or open-source license), translate, create derivative works of, and/or distribute all such materials and portions of any materials made available on the Flex.io Services and designated for download by, and use by, users of the Flex.io’s Services.

Ownership of User Content

Data, content, code, video, images or other materials of any type that you upload, submit, connect to or otherwise transmit to or through the Flex.io Services remain yours (“Your Data”). You will retain all right, title and interest in and to Your Data in the form provided to Flex.io. Subject to the terms of the Terms of Use, 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 Data, in each case solely to the extent necessary to provide the applicable Flex.io Services to you and (b) to distribute and publicly perform and display Your Data as you direct or share or enable through the Flex.io Services. Flex.io may also access your account or instance in order to respond to your support requests.

You must ensure that your use of the Flex.io Services and all Your Data is at all times compliant with our Terms of Use 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 Data to Flex.io and to grant the rights granted to Flex.io in this Terms of Use and (ii) Your Data and its transfer to and use by Flex.io as authorized by you under this Terms of Use 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 Data, and you shall be solely responsible for Your Data and the consequences of using, disclosing, storing, or transmitting it.

You will not submit to the Flex.io Services (or use the Flex.io Services to collect): (i) any personally identifiable information, except as necessary for the establishment of your Flex.io 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 Flex.io Services 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 this Terms of Use 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 Data, including but not limited to any claim brought by a third party alleging that Your Data, or your use of the Flex.io Services is in breach of this Agreement, 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 Data and has no obligation to monitor any content uploaded to the Flex.io Services. Nonetheless, if we deem such action necessary based on your violation of this Terms of Use or in response to takedown requests that we receive following our policy for reporting copyright infringement, we may (1) remove Your Data from the Flex.io Services or (2) suspend your access to the Flex.io Services. 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 Flex.io Services or other users, we may suspend your access immediately without notice. You will continue to be charged for the Flex.io Services during any suspension period. We have no liability to you for removing or deleting Your Data from or suspending your access to any Hosted Services as described in this section.

There may be storage limits associated with a the Flex.io Services. We may impose new, or may modify existing, storage limits for the Hosted Services at any time in our discretion, with or without notice to you.

User Repositories and Permissions

Your Data that you upload to the Flex.io Services are stored in “repositories.” You designate whether the repositories are public (meaning that anyone coming to the Flex.io website can view them) or private (meaning that access to those repositories will be limited to those who have permission to access the repositories). For each public repository that you maintain, you must indicate the license under which you are making the contents of the repository available to others, as well as the license under which you will accept contributions to your repository.

If you are accessing code in someone else’s repository, you should carefully read all the licenses applicable to that repository before using or contributing any content. YOU ACKNOWLEDGE THAT ALL CONTENT MADE AVAILABLE THROUGH THE FLEX.IO SERVICES IS THE RESPONSIBILITY OF THE ACCOUNT OWNER CONTROLLING THE PARTICULAR REPOSITORY. FLEX.IO IS NOT THE LICENSOR OF ANY THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE FLEX.IO SERVICES AND TAKES NO RESPONSIBILITY FOR SUCH CONTENT.

Be careful about granting permissions to your repositories. 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. Be especially careful about granting administrative access to your repositories, as some of those actions may be irreversible. For example, if you grant someone permission that allows them to move content in your repository to another account, we will not be able to reach into that other user’s account without their permission to recover the data, as we are not in a position to arbitrate disputes among our users. In that case, your only recourse may be requesting a takedown under our policy regarding reporting copyright infringement or pursuing legal action against the other user directly.

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 any material to Flex.io or to post any such information on a Flex.io website 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 the material you submit or post. You hereby waive any moral rights (or “droit moral”) you may have in and to any materials that you post on the Flex.io services or submit to Flex.io, even if such material is altered or changed in a manner not agreeable to you.

Linking

The content of the Flex.io Services is subject to change at any time without notice. By accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

The Flex.io Services may contain links to third party web sites, including sites that may offer software or services that work in conjunction with Flex.io Services. Flex.io is not responsible for, and you agree that Flex.io will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which the Flex.io Services may be linked or from which the Flex.io Services may be accessed. The appearance of any link on the Flex.io Services in no way constitutes an endorsement by Flex.io of any third-party products or services.

You may not link to the Flex.io Services from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Flex.io in its sole discretion. Flex.io reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Flex.io deems to be inappropriate or inconsistent with or antithetical to the Flex.io Services and/or these Terms of Use.

Disclaimers/Limitations on Liability

YOU UNDERSTAND AND AGREE THAT THE FLEX.IO SERVICES, 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 FLEX.IO SERVICES, THE USER PUBLIC RESPOSITORIES MADE AVAILABLE BY FLEX.IO, AND ANY OTHER INTERACTIVE FEATURES ON ANY FLEX.IO SERVICES, THE MATERIAL POSTED AND MADE AVAILABLE ON ANY FLEX.IO SERVICES, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE WEBSITES AND ANY MATERIALS POSTED OR MADE AVAILABLE ON THE FLEX.IO SERVICES, 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 FLEX.IO SERVICES OR ANY RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, 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 FLEX.IO SERVICES SUBJECT TO THESE TERMS OF USE, 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 Flex.io Services. 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 blogs of Flex.io employees) of Flex.io’s Services 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 Flex.io services. The Flex.io Services may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason.

Indemnification

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 Flex.io Services or any materials downloaded, obtained, used or otherwise accessed or acquired through any Flex.io Services: (i) in breach of these Terms of Use 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 of Use.

Digital Millennium Copyright Act

In accordance with the Digital Millennium Copyright Act, Flex.io has designated a Copyright Agent to receive notice of claims of copyright infringement on the website. Flex.io’s Copyright Agent may be reached at legal@flex.io or by mailing Gold Prairie LLC, Attn: Flex.io Copyright Agent, 175 N. Franklin Street, Suite 401, Chicago, Illinois 60606, U.S.A.

If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Flex.io’s Copyright Agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Location

Flex.io operates its websites in the United States. Information contained on the Flex.io’s Services 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 of Use 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 of Use and/or your use of any Flex.io Services must be filed exclusively in the County of Cook, State of Illinois.

Contacting Flex.io

Any questions or concerns regarding these Terms of Use should be directed to: legal@flex.io, or via mail to Gold Prairie LLC, Attn: Flex.io Terms of Use, 175 N. Franklin Street, Suite 401, Chicago, Illinois 60606, U.S.A.

English Language

For users residing in Quebec, France and other francophone jurisdictions: You and Flex.io have expressly requested that the Terms of Use and all documents and notices be drafted in the English language. Toi et Flex.io ont demandé expressément qua la présente entente et tous les document et avis connexes soient rédigés en anglais.

General Terms

Flex.io’s failure to exercise, or delay in exercising, any of Flex.io’s rights under these Terms of Use will not constitute or be deemed a waiver or forfeiture of those rights.

These Terms of Use are the entire agreement between you and Flex.io concerning your use of Flex.io’s websites and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except by subsequent agreement in writing by you and an officer of Flex.io.