Last Updated: November 10, 2020
WELCOME TO WWW.FLEXPOWER.COM. WE HOPE YOU WILL BENEFIT FROM OUR PRODUCTS AND THIS WEBSITE (OUR “SITE”). OUR SITE IS PROVIDED BY FLEXPOWER HEALTH, INC., A DELAWARE CORPORATION (“FLEXPOWER”, “WE”, “OUR” AND “US”).
Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
Please email us at email@example.com if you have any questions. Thank you for visiting our Site and for supporting our products!
Modifications We may modify these Terms at any time, and such modification shall be effective immediately upon our providing notice of such modifications by, for example, sending an email notification, providing notice through our Site or updating the “Last Updated” date at the beginning of these Terms. Your continued use of our Site or of our products shall be deemed your acceptance of such changes. If you do not wish to be bound by these Terms, please do not use our Site or our products.
We reserve the right in our sole discretion to modify, suspend or discontinue our Site (or any features thereof) or the provision of our products at any time.
Eligibility and general use of our site Our Site is not targeted toward or intended for use by anyone under the age of 18. By using our Site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from our Site, or engaged in any activity that could result in suspension or removal from our Site, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
You agree to use our Site for your own personal, non-commercial use only. You are not permitted to resell or otherwise use our products for commercial purposes. You also agree that your use of our Site and any of our products does not violate any applicable law or regulation.
The content of our Site is our exclusive property. You agree to not extract, modify, reproduce or distribute any of our Site’s content for any purpose other than for your own personal, non-commercial use, without our prior written consent.
User account and communications To access and use certain areas or features of our Site and to order our products, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who accesses or uses our Site on your behalf or using your account credentials (including with respect to the ordering of our products), and (e) immediately notify us if you discover or otherwise suspect any security breaches related to your account. You further understand and agree that we may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account or your orders. It is your responsibility to keep your account information, including your phone number, updated.
By creating an account on our Site, you consent to receive electronic communications from us. These communications may include notices about your account and orders and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
By providing your mobile phone number to us through our Site or in connection with your order, receipt or use of our products, you consent to receive calls or text messages at any such phone number sent by or on behalf of us, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes, such as updates on the delivery status of your order of our products. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while we process your request. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you.
General terms of sale/subscriptions We offer some of our products on a subscription basis, and such subscriptions are subject to auto renewal terms. Your subscription will be automatically renewed and your credit card will be automatically charged depending upon the cadence (e.g., every 14 days, 30 days or 60 days) set forth in the billing terms for your account, for as long as you remain a member, but for no less than the minimum required term. If we change the prices or other charges associated with our various subscriptions, we will provide you with notice of such changes, such as by email or a notice posted on our Site. If you modify/reduce the items in your subscription, you may incur a shipping charge based on current shipping prices.
You agree that we will not be required to send you any renewal or advance billing notifications or confirmations that your credit card has been charged. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your subscription, purchase, or account, as applicable, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.
All prices on our Site are shown in U.S. dollars and applicable taxes and other charges, if any, are additional.
Product availability All of our products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain products without prior notice. We strive to provide you with high-quality products, and given the nature of our products and market conditions beyond our control, we may be required to make substitutions from time to time.
Taxes We will collect applicable sales, use and other tax on products shipped to jurisdictions for which we determine we have a duty to collect tax applicable to your purchase. If an item is subject to tax, you agree that the amount of tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable tax rates.
Deliveries You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled a third-party delivery service. When you purchase a product from our Site, shipping times, if any, that we may provide are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a product for export outside of the United States. You are responsible for inspecting all products for any damage or other issues upon delivery.
Refund for unopened products As a Flexpower customer, you have nothing to lose but your pain. If you are not satisfied and would like a refund for any unopened items, please send your Flexpower shipment back to us within 30 days for a replacement or return. To be eligible for a replacement or return the item must be unused and in good condition in the original packaging. Refunds do not include the cost of shipping and handling.
Please contact us to arrange your return. Please note, all shipping charges are nonrefundable including return shipping. Contact: firstname.lastname@example.org.
Once your item is received and inspected, we will send you an email to notify you that we have received your returned item and if the item qualifies for a refund. If approved, your refund will be processed and a credit will be applied to you credit card or original payment method.
Please allow 3-4 weeks for your refund from the date the product is returned.
Promotions From time to time, we may offer contests, referral programs or other promotions (collectively, “Promotions”) on our Site or otherwise in connection with our products. Participation in any such Promotions shall be subject to the terms and rules we provide in connection with such Promotions. We reserve the right to cancel, terminate or alter any Promotion or the terms thereof at any time without prior notice.
Referral programs We may from time to time offer referral programs (each, a “Referral Program”) to provide customers who are interested in referring their friends or contacts the opportunity to refer eligible individuals to join our community as a new customer. The following terms apply to our Referral Programs. We may suspend or terminate your ability to participate in a Referral Program at any time.
Under a Referral Program, we will provide you with a unique link (URL) to distribute to eligible individuals to become new customers. We own all rights to all links provided to you. You acknowledge and agree that: (a) you have no ownership rights in any form over the codes or credits provided in connection with a Referral Program (“Codes” and “Credits”), (b) we may reclaim, deactivate, invalidate or terminate your Code or Credit at any time at our discretion. (c) Credits are only applicable to new customers who have never made a purchase from us, and (d) Credits have no cash value and cannot be used retroactively for prior purchases.
In connection with your participation in a Referral Program, you expressly agree to the following restrictions:
No spamming. You agree that you will not “spam” anyone with invitations to join our community, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws.
No use of scripts, program, or automatic dialers. You agree that you will not create or use any script, program, bots, predictive dialers, or other automated systems to facilitate the sending of invitations or communications to any person.
No misrepresentations. You agree that you will not make any misrepresentations concerning us, our products or the characteristics or qualification requirements for any referral rewards. You acknowledge that we may change the characteristics or qualification requirements for referral rewards in our discretion, and therefore, you shall not represent any fixed characteristics (e.g., amount of credit, expiration date).
No exchange of value. You agree that you will only distribute your Code free of charge only for promotional purposes. You may not sell, trade, or barter your Code under any circumstances. You may not pay or provide anything of value to an invited user beyond any referral credit or collateral supplied by us.
No advertising. You agree that you will not pay to advertise your Code or the Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist.
No fraud or abuse. You agree that you and your referrals will not defraud or abuse (or attempt to defraud or abuse) us, our Site, the terms of the Referral Program, or any invited users.
No mass distribution of codes. Codes should only be distributed to friends, family and those you know personally. Codes are not allowed on Facebook ads or marketing materials.
If you violate any of these restrictions we may, in our discretion, remove your eligibility to participate in the Referral Program, and/or deny you any Referral Rewards earned in violation or suspected violation of these restrictions.
You are eligible to earn a referral incentive (“Referral Reward”) for each new “Referred Customer” that you refer to us (subject to certain maximum limits and the other terms set forth herein). As discussed above, in order to qualify as your Referred Customer, the new customer must satisfy the applicable reward criteria. The reward criteria are set by us in our sole discretion and are subject to change at any time.
We, at our sole discretion, may make available certain promotions with different reward criteria or Referral Rewards to other customers or prospective customers. These promotions, unless offered to you, shall have no bearing whatsoever on your agreement or relationship with us.
New customers you refer may receive credit upon their first purchase of our products (“Referral Credit”). Referral Credit is only valid for use on our Site and is not transferable or redeemable for cash. Referral Credit may contain certain restrictions such as expiration dates or other limitations which will be communicated to the new customer. New customers should check their accounts to determine whether they have Referral Credit and any restrictions on its use. All terms and conditions for the distribution and use of Referral Credit are determined by us in our sole discretion.
Only one person can earn a Referral Reward for a single newly Referred Customer. In the event that multiple persons claim credit for a particular referral, we have full discretion to determine which person earned such referral. We reserve the right to withhold or deduct Referral Rewards or Referral Credit obtained through a Referral Program in the event that we determine or believe that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of these rules or any other applicable agreement between you and us. Users cannot earn Referral Rewards for referring themselves.
Inaccuracy disclaimer From time to time there may be information on our Site that contains inaccuracies, omissions or typographical errors, that may relate to product descriptions, availability and pricing. We reserve the right to correct any inaccuracies, omissions or errors and to update information at any time without prior notice (including after you have submitted your order).
We have made every effort to display the colors of our products as accurately as possible. However, we cannot guarantee that your monitor’s display will be accurate as the actual colors you see depend on your monitor.
Improper Use of Our Site You agree not to use our Site to:
(a) harm others, including, but not limited to, infringing upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;
(b) violate any laws, regulations, treaties or governmental or judicial order;
(c) send or enable the transmission of junk email, “phishing” or “spamming” or unsolicited or duplicative messages;
(d) distribute, transmit or upload programs or material that contains malicious code, including, but not limited to, viruses, cancelbots, time bombs, Trojan horses, worms, spyware, Easter eggs, or other potentially harmful programs, materials or information;
(e) impair, disrupt, alter or otherwise interfere with the content, features, functions, or use of our Site;
(f) improperly display any TCP/IP packet header or part of the header information in any e-mail or other postings;
(g) gain illegal or unauthorized access to other computers or networks through hacking or other means;
(h) gain unauthorized access to our Site or any third-party website; or
(i) assist or permit any person to engage in any of the activities described above.
Even though the above activities are prohibited, you agree if you become exposed to them while using our Site neither we nor any of our officers, shareholders, directors, advertisers, employees or corporate partners will in any way be responsible for any damages caused by such exposure.
Optional tools We may provide you with access via our Site to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through our Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Comments and suggestions; user content We greatly value your suggestions, comments, feedback, postcards, ideas, and other submissions you may provide to us (“Comments”). Comments shall be our property and the offering of Comments to us shall constitute your assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments or (3) to respond to any user Comments.
You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you provide to us.
When you upload, email or otherwise submit content to us or our Site, you give us and those we work with a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Site and our products. This license continues even if you stop using our Site and our products. Do ensure you have the necessary rights to grant us this license for any content that you submit to us.
Copyright Infringement If you believe our Site contains content that infringes on copyrights in your work, please provide the following information to our designated copyright agent (at the address set forth below):
(a) A description of the copyrighted work that you claim has been infringed upon and the location where the original or an authorized copy of the copyrighted work exists;
(b) A description of where the infringing material is located on our website;
(c) Your name, address, telephone number, and e-mail address;
(d) The signature of the copyright owner or of the person authorized to act on behalf of the copyright owner;
(e) A statement that you have a good-faith belief that our use of the content is not authorized by the copyright owner, its agent, or the law.
(f) A statement by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Counter-Notifications If you believe you are the wrongful subject of a copyright infringement notification, you may file a counter-notification with us by providing the following information to our designated agent at the address below:
(a) The specific material or URLs of material that we have removed or to which we have disabled access;
(b) Your name, address, telephone number, and email address;
(c) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original infringement notification or an agent of such person;
(d) The following statement by you: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
(e) Your signature.
Upon receipt of a valid counter-notification, we will forward it to the notifying party who submitted the original copyright infringement notification. The original notifying party (or the copyright holder he, she or it represents) will then have ten (10) days to notify us that he, she or it has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to our Site.
Designated Copyright Agent
Flexpower Health, Inc. 2110 Main Street, Suite 202 Santa Monica, CA 90405 Attn: Copyright Agent Email: email@example.com
Limitation of liability; release TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLEXPOWER AND OUR MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS (COLLECTIVELY, THE “FLEXPOWER PARTIES”) SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR THE PURCHASE OR USE OF ANY PRODUCTS SOLD THROUGH OUR SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE FLEXPOWER PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM US, OR ACCESS OR USE OF OUR SITE OR CONTENT, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE FLEXPOWER PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE FLEXPOWER PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH FLEXPOWER PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY 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 WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S ACCESS OR USE OF OUR SITE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF OUR SITE, WHETHER ONLINE OR OFFLINE.
THE LIMITATIONS SET FORTH HEREIN WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, FOR LIABILTY WE ARE NOT PERMITTED TO EXCLUDE PURSUANT TO APPLICABLE LAW OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Content is for informational purposes only
Disclaimers; product are sold "as is" YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE AND USE OF OUR PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING OUR PRODUCTS AND THEIR CONTENTS BEFORE HANDLING OR USING SUCH PRODUCTS. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON OUR SITE, INCLUDING PRICING INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE OUR THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON OUR SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, AND THE AVAILABILITY AND VARIABILITY OF INGREDIENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CONTENT RELATED TO OUR PRODUCTS PROVIDED BY OR DISPLAYED THROUGH A THIRD-PARTY CHANNEL, INCLUDING, WITHOUT LIMITATION, REGARDING ITS ACCURACY OR COMPLETENESS.
ALL PRODUCTS ARE SOLD “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.
WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE CONTENT, OR ANY OTHER MATERIAL APPEARING ON OR THROUGH OUR SITE OR OF OUR PRODUCTS.
WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF OR RESULTING FROM YOUR ACCESS AND USE OF OUR SITE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OR ANY OTHER DAMAGES FROM YOUR USE OF OUR SITE OR OF OUR PRODUCTS.
Professional advice disclaimer We do not provide medical or counseling advice. None of our services and nothing stated or posted on www.flexpower.com is intended to be, and must not be taken to be, the practice of medical or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes but is not limited to, diagnosis, prognosis, advice, psychiatry, psychology, psychotherapy or general health care treatment. Please seek the advice of your medical professionals as appropriate regarding the evaluation of any information, opinion or content on www.flexpower.com.
Indemnification To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless us and the other Flexpower Parties (as defined above under the heading “Limitation of Liability; Release”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of our Site, our content or our products by you or any third party you authorize to access or use such Site, content or products, (b) any user content you create, post, share or store on or through our Site or our pages or feeds on third-party social media platforms, (c) any Comments you provide, (d) your violation of these Terms, and (e) your violation of the rights of another. You agree to promptly notify us of any third-party Claims, cooperate with the Flexpower Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Flexpower Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any Flexpower Party.
Statute of limitations YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SITE OR OUR PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Governing law These Terms and your use of our Site and of our products shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Arbitration; no class arbitrations, class actions or repreventative action For any dispute you have with us, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that we cannot resolve a dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) in connection with our Site or our products by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
The arbitration will be conducted in Los Angeles County, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to our Site.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATING IN A CLASS ACTION.
Jurisdiction You acknowledge that we are based in California and agree that our Site and our products do not give rise to personal jurisdiction, either specific or general, over us in jurisdictions other than California. You and we agree to submit to the personal jurisdiction of a state court located in Los Angeles County, California or the United States District Court for the Western Division of the Central District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as described in the arbitration provision above.
Gift card terms and conditions The following terms and conditions apply to the use of Flexpower Gift Cards and eGift Cards (collectively, "Gift Cards"). Your purchase and use of Gift Cards constitute your agreement to follow and be bound by these terms and conditions.
Redemption and use Gift Cards may only be redeemed toward the purchase of eligible products and services provided by our Site and may not be used towards the purchase of another Gift Card. Promotional credit may not be used towards the purchase of a Gift Card. Gift cards may not be reloaded, resold, or used for payment outside of our Site; used for unauthorized advertising, marketing, sweepstakes or other promotional purposes; redeemed for more than face value; transferred for value; redeemed for cash; or returned for a cash refund (except to the extent required by law). No portion of your Flexpower balance may be transferred to another Flexpower account. Once redeemed through the Function of Beauty website, Gift Card balances must be applied to purchases prior to any promotional balance available.
Lost, damaged or stolen cards and fraud If lost, stolen or damaged, Gift Cards may be replaced for the remaining value if you provide satisfactory proof of purchase. We will not be responsible if your Gift Card is used without your permission. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly. We reserve the right to refuse to accept Gift Cards that are suspected or believed to be obtained fraudulently.
Expiration and fees Gift Cards do not expire, and there are no fees associated with them.
Limitation of liability Gift Cards are provided on an ‘as Is’ basis and we disclaim all warranties of any kind, either express or implied, with respect to the Gift Cards, including without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not represent or warrant that your Gift Card will always be accessible or accepted. We shall not be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special, or otherwise), injury, claim or liability of any kind or character whatsoever based upon or resulting from the Gift Cards or use of the Gift Cards. In the event that we are found liable to you with respect to any Gift Card, your sole remedy will be to recover actual and direct damages which shall not exceed the last balance held on your Gift Card. Certain provisions of the foregoing paragraph may not apply to consumers within the state of New Jersey or in other jurisdictions where prohibited by law.
General terms By using a Gift Card, you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to us or our customers. We reserve the right, without notice to you, to void Gift Cards (including as a component of your Flexpower account balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card has been obtained, used, or applied to an Flexpower account (or your Flexpower account balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. We may also issue promotional gift cards and gift codes (“Promotional Cards”). Promotional Cards are not subject to these terms and conditions and may be subject to an expiration date and other conditions, as specified on the Promotional Cards or in related promotional materials.
Questions about the Terms of Service should be sent to us at email@example.com.