All Pages Copyright © 2019, Flex Booth, Inc. All Rights Reserved.
TERMS AND CONDITIONS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE, DEVICE AND/OR APPLICATION. By using this site, device and/or application, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms of use, please do not use the site, device, and/or application. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN THE STATE OF CALIFORNIA.
1. The web site located at www.flexbooth.com (“Site”) and any software applications developed and/or distributed by Flexbooth (“Application(s)”), as well as any equipment or any other products and services (collectively, “Flexbooth Products and Services”) are all owned and/or operated by Flex Booth, Inc. (“Flexbooth”). The Site, Applications, and their contents may only be accessed for personal use. No material from Flexbooth or any Applications or web site owned, operated, licensed or controlled by Flexbooth may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Flexbooth’s copyright and other proprietary rights.
2. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Flexbooth or other respective owners that have granted Flexbooth the right and license to use such Marks. Individual documents on the Applications and/or Site servers may have different copyright conditions, and that will be noted in those documents. Any use of content or descriptions, any derivative use of the Applications, Site or their contents, and any use of data mining, robots, or similar data gathering and extraction tools are all strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.
3. While Flexbooth uses reasonable efforts to include accurate and up-to-date information on the Site and Applications, Flexbooth makes no warranties or representations as to their accuracy. Flexbooth assumes no liability or responsibility for any errors or representations in the content of the Site or Applications.
4. The Site and/or Applications may contain links to other sites on the Internet that are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Flexbooth is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
5. If applicable, users of the Site and Applications may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. User hereby represents and warrants that any user content provided to Flexbooth is owned by user or user has the right to access and use such content as contemplated herein. Furthermore, user represents and warrants that the user content does not violate the intellectual property or other rights of a third party. User agrees not to submit, deliver, distribute or otherwise upload or download content that (i) infringes upon the rights of any third party or (ii) creates liability for Flexbooth. The user agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use. Flexbooth has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site and Applications, including content that has been posted by users.
6. If you post content or submit material to the Site and/or Applications, you grant Flexbooth and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Flexbooth, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify Flexbooth and its affiliates from any claims resulting from any content or materials you provide hereunder.
7. Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the Site and/or Applications, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site and Applications; and (c) the consequences of any use of the Site and Applications by such Minor.
8. Flexbooth may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that Flexbooth does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Flexbooth is not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL FLEXBOOTH BE LIABLE FOR ANY DAMAGES (DIRECT OR INDIRECT) ARISING FROM ANY TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO FLEXBOOTH’S SITE. To the extent desired, you shall perform all reasonable inquiries into the quality, sufficiency, legality, fitness, and ability of the Merchant goods/services to meet your needs. Merchant has no power to bind Flexbooth in any way including, but not limited to, issues regarding warranties, adequacy of goods, and all other concerns. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. Flexbooth is not responsible for information provided by you to Merchants. Flexbooth and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
9. The Site and/or Applications may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Flexbooth may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
10. You shall not transmit to Flexbooth or upload to the Site or Applications any Harmful Code or use or misappropriate the data on the Site or Applications for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.
11. Password. You may not use your password for any unauthorized purpose.
12. Termination. We may terminate your access to our Site and Applications for any reason.
13. U.S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Flexbooth’s proprietary rights in them. Flexbooth Site pages may contain other proprietary notices and copyright information that should be observed.
14. THE MATERIALS ON THE SITE AND APPLICATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FLEXBOOTH SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE OR APPLICATIONS. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, FLEXBOOTH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. Furthermore, the Site and/or Applications may include certain information, reference guides, videos, and databases intended for use by fitness professionals. These tools are not intended to give and do not give professional fitness advice. In addition, this information is not intended or recommended as a substitute for professional fitness advice. Always seek the advice of your fitness professional or other qualified health care provider regarding any fitness regimen. Information on the Site and Applications may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Flexbooth may also make improvements and/or changes in the Flexbooth Products and Services described in this document at any time without notice.
15. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FLEXBOOTH OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE FLEXBOOTH PRODUCTS AND SERVICES, EVEN IF FLEXBOOTH OR A FLEXBOOTH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF FLEXBOOTH PRODUCTS AND SERVICES RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. YOU HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE FLEXBOOTH, ANY EMPLOYEES OR OFFICERS OF FLEXBOOTH, AND ANY INDIVIDUALS ASSOCIATED WITH FLEXBOOTH OR FLEXBOOTH PRODUCTS AND SERVICES (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE FLEXBOOTH PRODUCTS OR SERVICES.
YOU FURTHER AGREE TO DEFEND, INDEMNIFY, SAVE, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LAWSUITS, LITIGATION, ATTORNEYS FEES, EXPENSES, OR ARBITRATIONS ARISING OUT OF ANY YOUR ACTIONS, EITHER INTENTIONALLY OR NEGLIGENTLY, DURING THE USE OF THE FLEXBOOTH PRODUCTS AND SERVICES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY OF YOUR ACTIVITIES RELATING TO THE FLEXBOOTH PRODUCTS AND SERVICES SHALL BE PURELY VOLUNTARY AND CONDUCTED AT YOUR OWN CHOICE. YOU HEREBY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE FLEXBOOTH PRODUCTS AND SERVICES, INCLUDING ALL RISKS OF PERSONAL INJURY OR PROPERTY DAMAGE.
Medical
The contents of the Flexbooth device, application, and site such as text, graphics, images, videos, information obtained from Our third party licensors, and other material contained ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on the Flexbooth Content.
Equipment
The equipment provided by Flexbooth are intended to use with specific guidance and recommendation along with the Content. If you misuse or abuse the equipment by performing any activities that are not related to Flexbooth Content, then we are not liable to your judgment. By reading this, you have acknowledged that the equipment may wear and tear, drop on you, break and perhaps cause bodily damage or even death if misused. Flexbooth and its third party affiliates are not responsible for such behavior. You are at your own risk with the equipment provided by Flexbooth.
You hereby assume all risks associated with the use of the Content or equipment, including all risks of personal injury or property damage.
You do, HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE FLEXBOOTH, ANY EMPLOYEES OR OFFICERS OF FLEXBOOTH, AND ANY INDIVIDUALS ASSOCIATED WITH FLEXBOOTH OR THE CONTENT OR EQUIPMENT (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH THE RELEASING PARTIES MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE CONTENT OR EQUIPMENT. You further acknowledge and agree that any of your activity relating to the Content or equipment shall be purely voluntary and conducted at your own choice.
All Pages Copyright © 2019, Flex Booth, Inc. All Rights Reserved.