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The Service is owned by FlexD Media LLC, PO Box 801, Mount Pleasant, MI 48804 (which may be referred to herein as "we," or "us").
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. we reserve the right to modify, refuse, suspend or discontinue the Service with or without notice at any time, for any reason, and without any liability. PLEASE SEE OTHER DISCLAIMERS BELOW.
When you complete the registration process, you create an account. Your account allows you to participate in certain activities on the website. To create an account, you must select a login name and password. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your account and violation of this shall provide us the right to terminate the account within 3 days without notice to you. You are solely responsible for all activity on your account and for the security of your computer system or related system. You may not reveal your password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account in any of our Services is subject to termination without notice if you or anyone using your account violates the TOU.
We and you both have the right to terminate or cancel your account at any time. You can cancel your account at any time by sending an email to firstname.lastname@example.org, provided all payments to us have been made in full at that time.You understand and agree that the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this TOU or our enforcement or application of this TOU; (2) the content available through this site or any change in such content; (3) your ability to access and/or use this site; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
Fees paid for the website listing services may be refunded or partially refunded on a case by case basis according to Company refund policies.
Notices. You consent that we may provide you with required notices, benefits and other membership information through electronic disclosure via email and postings on our website, or at the email address provided by you at the time of sign up (or as amended at our website by you from time to time).
Fees. Information regarding fees and other billing information is published in the account and/or support pages on this site, as well as in the Terms and Conditions and/or Terms of Offer sections on this site.
Third Party Fees. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to us. We may also provide access to or through third-party vendors, who provide content, goods and or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and you to pay same and defend and indemnify us for all costs, including attorney fees if you violate this provision.
Paid Terms. For customers who sign up for and purchase any paid service plan or paid account associated for our Services, minor releases of some online enhancements are included free of charge with your paid service plan or paid account until the end of the initial term you select for your account.
Auto-Renewal Feature: If you select a plan with an automatic renewal convenience feature at the time of purchase you will receive renewal email notification at 60 and 30 days prior to the yearly anniversary date for the renewal of your paid listing service plan. Your auto-renew listing plan or account will continue in effect until you cancel it or we terminate it. Unless you designate otherwise in your account preferences, cancel or opt out with Customer Service, the credit/debit card or bank account used for purchase of the initial paid listing service plan or paid account will be charged the applicable paid listing service plan fee, or paid account fee, excluding promotional and discount pricing, plus any applicable taxes automatically on or about ten days prior to listing plan or account expiration unless one of the parties has cancelled the listing plan or account or provided the other party with notice of its intent not to renew the listing plan or account at least 30 days prior to the end of the initial term or renewal term. Please note that we reserve the right to charge the applicable agreed renewal fee, and you agree to the same, for the listing service plan or paid account fee for your selected Service, to your credit/debit card or bank account in monthly increments. If your debit/credit card or bank account on file reaches its expiration date or is cancelled, removed or otherwise non-functional, your continued use of our Services constitutes your authorization for us to continue billing that debit/credit card or bank account and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact and payment information current and updated. The renewal term of the paid listing service plan or paid account shall be for the period selected by you when you purchased the initial listing service plan or paid account.
Copyright Infringement Notice. The Service is controlled and operated by us. The Service, and all materials on the Services, including code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Services is our exclusive property and is protected by U.S. and foreign laws and international copyright treaties. Material from the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.
Notification and Procedure for Making Claims of Copyright Infringement. You may notify us if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated a Copyright Agent to receive any such notification. Our Copyright Agent may be contacted at:FlexD Media LLCPO Box 801Mount Pleasant, MI 48804
If you wish to notify our Copyright Agent of a claim of copyright infringement, please provide written notice to us within 5 days. Your notice must contain the following information:1. A physical or electronic signature of the person authorized to act on behalf the copyright owner;2. Identification or description of the copyrighted work you claim has been infringed;3. Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist in locating the allegedly infringing work;4. Your address, telephone number, and email address;5. A statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law;6. Your statement, made under penalty of perjury, which the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.
License Granted. Subject to your compliance with all the terms and conditions of this TOU, and in consideration of your promises reflected in this TOU, we grant to you a limited license to make use of the Services. This license expressly includes, without limitation, any resale, or modification of the Services or any portion thereof and making any derivative works based upon or distributing or copying the Services, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks or those of our affiliates without our express written consent or that of our affiliates. Any unauthorized use terminates the permission or license granted by us in this paragraph, and this TOU shall be terminated by us without written notice.
This Section defines the Acceptable Use Policy ("Policy") relating to the Service. You are responsible for continual compliance with this Policy and TOU. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. We take no responsibility for third party content, nor do we have any obligation to monitor such third party content. Nonetheless, we reserve the right to monitor content at any time for any reason. Further, we reserve the right to remove objectionable or personally identifiable information. We will not be responsible or liable for the exercise or non-exercise of your rights under this TOU or Policy.
For example, you may not use the Services to create, transmit, distribute, or store material that:
• Violates a trademark, copyright, trade secret or other intellectual property rights of others• Violates the privacy, publicity or other personal rights of others• Impairs the privacy of communications• Contains obscene, offensive or inappropriate content• Constitutes or could be considered by law, pornography• May be threatening, abusive or hateful• Violates export control laws or regulations• Encourages conduct that would constitute a criminal offense or give rise to civil liability• Causes technical disturbances to the Service, including, but not limited to, add-ware, spy-ware, introduction of viruses, worms or other destructive elements• Assists or permits any persons in engaging in any of the activities described above• Involves deceptive on-line marketing
If you become aware of any such activities, you are obligated to immediately notify us in writing. We reserve the right to suspend or terminate access to the Services upon notice of a violation of this Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you.
We have the right, but not the obligation, to monitor any activity or content associated with the Service. We may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the Service without notice. Any of the following, without limitation, would be a violation of the TOU, this Policy and our policies and guidelines, and upon our determination, in our sole discretion, that you have engaged in any of the following, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity. Accordingly, you expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (I) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give or could give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.
We may report any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and Web usage paths without liability to you. By using the Service you expressly consent to the foregoing use and disclosure.
You agree to indemnify us against all liability and claims, and to defend, indemnify, and hold us harmless as well as our affiliates, and each of their officers, directors, members, managers, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages (actual and consequential), judgments, limitation costs and expenses, including but not limited to reasonable attorney's fees, arising from or in any way related to any breach of this TOU, the Policy or our Policies or any use by you of the Services, or by any other person using the Services through you or using your computer, or in connection with your transmission of any content on or through the Service. This Section shall survive termination of this TOU.
YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE SERVICE PROVIDED HEREIN IN THIS TOU.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND THAT THE ENTIRE RISK AS TO SATISFACTORY AVAILABILITY, TIMELINESS, RELIABILITY, QUALITY, PERFORMANCE, AND ACCURACY OF THE SERVICE IS YOURS AND YOURS ALONE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICES; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (VI) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES OR THAT THE SERVICES ARE NONINFRINGING.
FLEXD MEDIA LLC AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE FLEXD MEDIA LLC AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR THE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT YOUR USE OF THE SERVICE, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICE SHALL BE THE REPLACEMENT OF ANY SUCH SERVICE OR COMPONENT OF THE SERVICE FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICE DURING THE ONE-YEAR PERIOD PRECEDING THE CLAIM.
By using the Service, You:
• agree that the substantive laws of the state of Michigan, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement;• agree that you may not assign any or all of your rights and obligations under this TOU without our prior written consent, which may be withheld in our sole discretion.• agree that all provisions of this TOU relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;• agree that nothing in this TOU shall be deemed to convey any third party rights or benefits to you;• agree that except as otherwise required by law (in which case Michigan statutes of limitation shall apply), any cause of action or claim you may have with respect to this website, this TOU and Terms must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred and any such claim shall be filed in a court within the state of michigan according to the applicable venue statute;• agree that if any portion of this TOU is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted;• agree that no waiver of any breach of any agreement or provision of this TOU, nor any failure to assert any right or privilege contained in this TOU, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision; and• agree that this TOU (including all policies, notices and other terms incorporated into this TOU by reference) constitutes the entire agreement between you and us with respect to the subject matter hereto and supersedes and voids any and all prior or contemporaneous agreements whether written or oral.• agree that this TOU (including all policies, notices, terms on mail pieces and other terms incorporated into this TOU by reference) constitutes the entire agreement between you and us with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. In the event of any conflict between these terms and the terms of mail pieces, the terms of this TOU will control.
All parties and/or users agreeing to this TOU agree that any and all disputes, causes of actions or claims arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be fully and finally settled in a court of law within the State Courts of Michigan, according to the venue as required by Michigan law.
All parties and/or users agreeing to this TOU agree that any and all disputes arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be limited as to discoverable information which is requested pursuant to a subpoena, arbitration, discovery, or any other legal proceeding, by the following:
i. All relevant and discoverable information or data (in any form) shall be strictly limited to the dates of use by the user of the products and services offered hereunder who is requesting any such information. No discovery, including eDiscovery, shall be provided for timeframes outside the timeframe of use of the requesting party, and shall be limited to information or data that is reasonably accessible to us. All parties and users agree that these limitations are reasonable.ii. All relevant and discoverable information or data (in any form) requested for such applicable dates shall be provided in the format in which it is stored or archived, and shall not be required to be provided in any other format, and no reports of any kind not used regularly in the course of business shall be requested or created/produced.iii. We may request that parties and/or users cooperate in good faith regarding formulation of appropriate search terms and protocols in advance of any information or data search, including pre-search formulating of search terms, including semantic synonyms, search protocols, and post-search error sampling. Any production shall then be provided referencing such agreed protocols in lieu of individual discovery request responses.
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