Privacy Policy/Terms & Conditions
Privacy Policy
Terms of Service
Welcome to Flexsite. We’re glad you’re here, and we hope you'll enjoy our service that allows you to quickly and efficiently connect with commercial space Hosts or Guests for short-term use.
PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BECAUSE THEY ARE A BINDING AGREEMENT BETWEEN YOU AND FLEXSITE, INC. ("FLEXSITE"), THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS THAT AFFECT HOW DISPUTES MAY BE RESOLVED AND THEY SET FORTH THE COMMERCIAL FRAMEWORK FOR OUR SERVICE.
Our service connects commercial space ("Space") owners or their master tenants or lessees ("Hosts") with persons who seek to occupy such Space ("Guests") and facilitates a license agreement between them for short-term use of Space (the "Flexsite Service"). Flexsite is not a party to the license agreement and has no control over the Host or Guest or the Space. This is true even if the Flexsite Service provides the license agreement or other ancillary services. Flexsite is not a real estate agent nor broker and not act as such for any Host who advertises available Space or Guest interested in licensing such Space.
By using our Site, you agree to receive electronic information from us and other users and waive any and all rights that require original signatures.
Any actual or potential transaction between a Host and an Guest, including the quality, condition, safety or legality of the Spaces advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any Host, Guest or Space), or the ability of a Host and/ or Guest to license the Space are solely the responsibility of the Host and the Guest. You represent and warrant to each applicable Host or Guest, as the case may be, that you are fully authorized to enter into the binding transaction between Host and Guest contemplated by these Terms and you have obtained any and all necessary third party consents to do so.
These Terms govern your use of the Flexsite website and Flexsite Service. In these Terms, the word “Site” refers to the Flexsite website. You automatically agree to these Terms and to our Privacy Policy simply by using or logging into the Site.
Your use of the Flexsite Service will also require a separate digitally-executed agreement that you must accept when registering to use the Flexsite Service. Those additional terms become part of your agreement with us, if you use the services or log into the Site.
A. Your Flexsite Account
To use the Flexsite Service You will be required to create an account and specify a password. You agree not to impersonate anyone else when you create your account. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. If your information changes at any time, please update your account to reflect those changes immediately.
By using the Flexsite Service, you agree to not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify Flexsite at admin@Flexsite.net.
B. Flexsite Registration and Communication
Your Flexsite Service account is for your use only and cannot be shared or used by anyone else. If you register for the Flexsite Service your first name and last name may be displayed on your Flexsite Service account, which may be visible to other users of the Flexsite Service. You are solely responsible for maintaining the confidentiality of your Flexsite Service username and password, and are entirely responsible for any and all activities under your Flexsite Service account. You agree to notify Flexsite immediately of any unauthorized use or any other breach of security involving your username and password or account. Flexsite will not be liable for any losses (financial or otherwise) incurred as a result of an unauthorized use of a username/password or account.
You acknowledge and agree that the Site is a public space and that your use of the Site and/ or participation in the Flexsite Service creates no expectation of privacy. Further, you acknowledge that any Content (defined below) you communicate in the Site may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in the Flexsite Service or other aspects of the Site and may employ anonymous user names when doing so. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER CONTENT PUBLICLY AVAILABLE IN THE FLEXSITE SERVICE OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
C. Modifications and Termination
We reserve the right to modify the Flexsite Service and our Site at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time.
D. Content You Post
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Site. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission. You agree to not post any Content that is filthy, indecent, false, violent, slanderous, harassing, or otherwise inappropriate in any way (as determined by Flexsite). If any Content is viewed as such, the Content will be removed immediately and there may be penalties.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Flexsite Services. Please note that this license continues even if you stop using our Site.
Notwithstanding the foregoing, We have no duty to pre-screen Content including, without limitation, Space listings, reviews or any other Content. We are not responsible for Content.
We reserve the right to decline to permit the posting on the Site of or to remove from the Site any Content that violates, in our sole discretion, these Terms. We may also remove Content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such Content, as determined in our discretion. Finally, we reserve the right, but do not assume the obligation, to edit Content in a non-substantive manner solely to cause the content to comply with these Terms or formatting requirements. Hosts and Guests remain responsible for reviewing their Content to ensure it is accurate and not misleading.
YOU AGREE TO INDEMNIFY, RELEASE, AND HOLD US HARMLESS FROM ANY ALL LIABILITY, CLAIMS, ACTIONS, LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE ARISING OUT OF ANY CONTENT YOU POST. THIS INDEMNFICATION OBLIGATION IS IN ADDITION TO THE INDEMNIFICATION SET FORTH IN THE SECTION TITLED "INDEMNIFICATION," BELOW.
Keep in mind that if you send us any information, ideas, suggestions, or other communications, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
E. Content Posted by Others
We are not responsible for, and do not endorse, Content posted by any other person. ACCORDINGLY, WE MAY NOT BE HELD LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED TO YOU IN CONNECTION WITH ANY CONTENT POSTED BY ANOTHER FLEXSITE SERVICE USER.
F. Your Use of the Site
The Flexsite Community Guidelines and other supplemental policies and terms linked to in these Terms apply to your use of the Flexsite Service, are incorporated by reference, and form part of your agreement with Flexsite. You agree to comply at all times with our Community Guidelines and not use the Site in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms).
You shall not use the Flexsite Service to advertise or solicit other users. You will not SPAM users with inappropriate or “junk” messages. You shall not use the Flexsite Service to post website links that may encourage another user to leave the Site for any reason unrelated to the Flexsite Service. You will not communicate with other Flexsite users in a way that is not relevant to the Flexsite Service and use of the Space. You agree to immediately cease and desist all communication with any user who requests for you to do so. Any activity in violation of this paragraph may result in immediate suspension of the Flexsite Service.
Notwithstanding anything to the contrary, if we determine, in our sole discretion, that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Site, and take appropriate disciplinary and legal actions.
Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Site unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
When you use the Site or send communications to us through the Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Site. We may also communicate with you via telephone, but will use commercially reasonable efforts to notify you in writing first. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
G. Intellectual Property
The Flexsite Service and Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Flexsite, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
If you believe any Content on the Flexsite Services infringes your copyrights, you may request that we remove the Content from the Services (or disable access to that Content) as follows:
The notification process outlined here is consistent with the process suggested by the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov). Here is a summary of the process:
If anyone believes that material on a Site infringes their copyright, that person may send us a written notice as described in the Additional Details Section below. We will attempt to remove or disable the allegedly infringing material.
We will attempt to notify the user who posted the allegedly infringement material. That user then has the right to request that the material be re-enabled. If they properly make such a request, we will re-enable the material unless and until the two parties jointly ask us to remove it or a court orders us to remove it.
You hereby grant Flexsite a limited, non-exclusive, perpetual, royalty-free license to use and display your name, information about the Space that you post, designated trademarks and associated logos (the “Customer Marks”) in connection with (i) the hosting, operation and maintenance of the Flexsite Service; and (ii) Flexsite’s marketing and promotional efforts for its products and services, including by publicly naming you as a customer of Flexsite. Without limiting the foregoing, you hereby agree to cooperate with Flexsite in its marketing and promotional efforts, which may include, but shall not be limited to, (a) a press release highlighting your use of the Flexsite Service; (b) your participation in targeted press and analyst interviews highlighting benefits of using the Flexsite Service; and/or (c) your participation in customer case studies developed by Flexsite and used on the Site and other collateral, provided that you shall have the option not to participate in any such marketing and promotional efforts upon providing written notice to Flexsite within five (5) days of your receipt of a request from Flexsite for any such cooperation. If we do not hear back from you in writing within 5 days, then you agree to allow Flexsite to use your information in promotional campaigns.
All goodwill and improved reputation generated by Flexsite’s use of the Customer Marks inures to your exclusive benefit. Flexsite will use the Customer Marks in the form stipulated by you and will conform to and observe such standards that you prescribe from time to time in connection with the license granted hereunder.
These Terms permit you to use the Site only as a Host or Guest and not for any other use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You shall not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use any part of the Site or any services or materials available through the Site for any purpose other than licensing the Space as a Host or an Guest. If you wish to make any use of material on the Site other than that set out in this section, please address your request to: admin@flexsite.net.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Flexsite. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Flexsite name, the Flexsite trademarks and logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Flexsite or its affiliates or licensors. You must not use such marks without the prior written permission of Flexsite. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
H. Social Networks
The Service may include features that operate in conjunction with certain third party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites and the services provided through the Flexsite Services is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
I. Space Postings and Bookings
Upon registering for use of the Flexsite Service, Hosts may identify Space availability for use by uploading descriptive Content to the Site including but not limited to a description of the Space, information about the Space's applicable license fee ("License Fee"), location, size, availability, capacity, amenities, video of the space, photos of the Space and additional terms governing access to and use of the Space such as length of the term during which the Space may be used ("License Term"), House Rules (if any) (defined below), and the security deposit required. Any and all extensions to the License Term shall be booked and managed through the Flexsite Service. All cancellations will be handled pursuant to the Flexsite Cancellation Policy:
- For cancellations 7+ days from the License Commencement Date, all fees, including but not limited to License Fees and FlexSite Fees shall be returned to respective parties;
- For cancellations 4-7 days from the License Commencement Date where cancellation is made by Guest, 50% of the License Fees shall be returned to the Guest and Host shall receive the remaining 50% of the License Fee for the Booking associated with the cancellation. For cancellations 7+ days from the License Commencement Date where cancellation is made by Host, 100% of the License Fees shall be returned to the Guest.
- For cancellations made by Guest within 3 days from the License Commencement Date there shall be no refunds of the License Fee or the FlexSite Fee. For cancellations made by Host within 7 days from the License Commencement Date, 100% of the License Fees shall be returned to the Guest and Host be responsible for payment of the FlexSite Guest Fee and FlexSite Host Fee.
The " License Commencement Date" shall be the earlier of: (a) the date Host delivers the Space to Guest in accordance; or (b) the date Guest conducts any business in the Space or any part thereof (it being understood that the mere performance by Guest of any work, moving into the Space and the installation of furniture and equipment in the Space shall not be deemed to be the conduct of business by Guest).
Flexsite is under no obligation, to review all proposed Space listings, and Flexsite reserves the right, in its sole discretion, to refuse to list any Space for any reason or no reason.
Prospective Guests may search for Spaces on the Site and check for availability. Prospective Guests who have registered on the Flexsite Service may use the Flexsite Service to communicate with Hosts about Spaces of interest. In order to book a space, prospective Guests may be required to agree to additional terms set by the Host listing the Space (if any), such as a cancellation policy, or rules governing the use of the Space ("House Rules"). If a Host chooses to implement House Rules, such House Rules will be uploaded by Host and made accessible to Guests prior to booking the applicable Space. Hosts and Guests may make arrangements for Guests to visit applicable Spaces prior to occupancy. Flexsite has no responsibility for any such arrangements.
J. Communications
Flexsite acknowledges that Hosts and Guests may communicate regarding a Space via Flexsite’s Message Portal, social media platform (e.g. Facebook, WhatsApp, Discourse, Instagram) subject to Sections H and K and via email, text messages, SMS, phone calls, fax, in person meetings, as well as any other communication outside the functionality of the Flexsite Service subject at all times to Section K. Flexsite may access your account and your Content as necessary to identify or resolve technical problems or respond to complaints about the the Flexsite Service. We shall also have the right, but not the obligation, to monitor the Flexsite Service, including but not limited to messages between Hosts and Guests, to determine your compliance with the license grant and restrictions set forth herein. Flexsite shall have the right to remove any material submitted to the Flexsite Service that Flexsite finds to be in violation of the provisions hereof. We may also review the site randomly to check for violations (which includes your individual accounts) and the information you post on our website. We can remove any content at any time at our sole discretion and for any reason.
K. Covenant Against Circumvention of the Flexsite Service
By using the Site and Flexsite Service, you agree that you shall not circumvent and shall not encourage or advise anyone else to circumvent the purpose of these Terms, including but not limited to payments owed to Flexsite, by making or receiving payments or fees of any kind, either directly or indirectly, or entering into any separate agreement regarding any Space with any of the parties that contacted you or you contacted on the Site or through the Flexsite Service. A breach of this covenant not to circumvent would result in damages to Flexsite including but not limited to indirect consequential damages that would be difficult to appraise, therefore the parties agree that a breach of this paragraph will result in the payment of liquidated damage to Flexsite in an amount equal to three time (3X) the total amount of fees that Flexsite would have been entitled to had the transaction occurred in accordance with the Terms. These damages are not a penalty and will be paid to Flexsite immediately upon notice of circumvention. If you do not pay this fee, you understand that you may be liable and will need to cover all of Flexsite’ s legal expenses. This paragraph shall survive termination of these Terms for thirty-six (36) months.
L. Fees and Payment
Host and Guest shall pay Flexsite fees ("Fees") in consideration for access and use of the Site and the Flexsite Service as follows:
FlexSite Guest Fee: 5% of the total License Fee.
FlexSite Host Fee: 10% of the total License Fee.
Security Deposit: As defined by Host
Cleaning Fee: As defined by Host
Notwithstanding anything to the contrary, Flexsite will receive a fee from both Host and Guest through the Flexsite website portal due immediately upon the date the Booking between Host and Guest is approved. In the event Host and Guest extend or renew the Term of the License (passed the booking dates that were originally agreed upon), Host and Guest shall agree to pay Flexsite 2.5% of the total rent for the extended term upon the commencement of the extended term. In no event shall the fee be less than $1,200.
The fees owed to Flexsite shall be paid in full at the time the space Booking has been Approved.
Potential refunds of Fees are per our Cancellation Policy. Flexsite reserves the right to change the Fees at any time upon reasonable advance notice.
Additional Safety Section:
*Hosts and Guests should not exchange specific personal information such as financial information, Social Security Number, Home Addresses, unless either party is comfortable, and has obtained legal advice first.
*Both Hosts and Guests should “vet” each other to a point they are comfortable with doing business with the other party.
*If a Host or Guest demands money before a space is booked, exhibits harmful or disturbing behavior during or after meeting in person (before a space is booked or afterward) this should be reported.
*If you, as a Host or Guest, have any knowledge that the party you are working with is under 18 years old, this too should be reported. Any SPAM, unsolicited or inappropriate behavior is not allowed nor will be tolerated by Flexsite. Should anyone conduct themselves in the manner as described above, they will face immediate banning from the Site and likely could be reported to the authorities.
*You further agree that as a user of the Flexsite Service (Host or Guest), you will not discriminate on the basis of sexual orientation, race, religion, and ethnicity. Doing so will immediately cause your account to be terminated and you could face further legal consequences. Flexsite has a zero tolerance policy for this type of behavior.
M. Short-Term Space License Agreement
Host and Guest agree that, unless the parties enter into a separate agreement governing the use of Host's Space by Guest, the terms and conditions of the Short-Term Space License Agreement provided herein (the "License Agreement")shall govern the rights and obligations of each party. You understand and agree that License Agreement is intended to protect Flexsite. Flexsite is not a party to the License Agreement. You should consult your legal and tax advisors before agreeing to the License Agreement.
N. Our Warranties and Disclaimers
We provide our Site and the Flexsite Services ("Services") using a commercially reasonable level of care. .
We do not guarantee our Site, the Flexsite Service or its features will always work consistently. There could be delays, crashes, and errors when you use our Site. Furthermore, by using our site, you agree and understand that Flexsite is not obligated to maintain the site, make updates, or corrections.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, NEITHER FLEXSITE NOR ITS STAFF OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES OR GUARANTEES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS” AND “AS IS” AVAILABLE. YOU MUST CONDUCT YOUR OWN INDEPENDENT DUE DILIGENCE PRIOR TO CONSUMMATING A TRANSACTION.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
O. Liability for our Services
Flexsite is not a broker, real estate agent or an owner or operator of properties, including Spaces. Flexsite’s responsibility is limited to facilitating the availability of Spaces through the Site and Flexsite Service. PLEASE NOTE THAT THE SITE AND FLEXSITE SERVICES ARE INTENDED TO BE USED SOLELY TO FACILITATE CONNECTIONS AMONG HOSTS AND GUESTS FOR THE PURPOSE OF ARRANGING FOR THE USE OF SPACES. FLEXSITE SHALL HAVE NO RESPONSIBILITY OR ANY LIABILITY TO YOU OR OTHERS FOR THE INFORMATION OR CONTENT CONTAINED IN ANY SPACE LISTING ON THE SITE AND/OR THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY SPACES. ACCORDINGLY, ANY TRANSACTIONS BETWEEN HOSTS AND GUESTS WILL BE MADE OR ACCEPTED AT THE HOST AND/OR GUEST'S OWN RISK. AMONG OTHER THINGS, HOSTS MUST SATISFY THEMSELVES WITH ANY GUEST AND THEIR CREDENTIALS, AND GUESTS MUST SATISFY THEMSELVES WITH HOSTS AND THE HOSTS’ SPACES. HOSTS AND GUESTS SHOULD NOT COMPLETE, AND SHOULD IMMEDIATELY CANCEL, ANY SPACE TRANSACTION IF THEY FEEL UNSAFE OR UNCOMFORTABLE WITH ANY CONDITIONS RELATING TO THE SPACE IN ANY WAY. YOU SHOULD CONDUCT YOUR OWN INDEPENDENT INVESTIGATIONS. YOU ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO USE THE SITE AND FLEXSITE SERVICES DOES NOT ESTABLISH FLEXSITE AS A PROVIDER OF HOST'S SPACE ANY OTHER SERVICES.
EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICESOR ANY THIRD PARTY’S USE OF THE SERVICES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SERVICES ENTITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY HOST OR GUEST HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT HOST AND GUEST PAYMENT OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE.
P. Indemnification
In addition to the indemnification obligation set forth in the section titled "Content You Post," You agree to defend, indemnify, and hold harmless the Flexsite, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, staff, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited toany use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
Q. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
R. Governing Law; Arbitration; Class Action and Jury Waiver
These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in San Francisco, California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
At Flexsite's sole discretion, it may require You to submit any disputes arising from these Terms or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS FLEXSITE AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FLEXSITE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. YOU MAY OPT-OUT OF THIS CLASS ACTION AND JURY WAIVER DESCRIBED HEREIN BY EMAILING US AT ADMIN@FLEXSITE.COM WITHIN 30 DAYS OF YOUR FIRST USE OF THE SERVICES. YOU MUST INCLUDE YOUR NAME, PHONE NUMBER, PHYSICAL ADDRESS, AND EMAIL ADDRESS IN YOUR OPT-OUT NOTICE. THIS IS YOUR ONLY MECHANISM FOR OPTING OUT OF THIS SECTION AND FAILURE TO DO SO AS DESCRIBED CONSTITUTES YOUR CONSENT TO THIS WAIVER. IF YOU CHOOSE TO OPT OUT OF THIS SECTION PLEASE NOTE THAT ALL OTHER PROVISIONS IN THESE TERMS WILL REMAIN INTACT AND IN FULL FORCE AND EFFECT.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
S. Additional Details
We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Site.
The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third-parties. We do not control or endorse any products being advertised.
No waiver of any breach of this Agreement shall constitute a waiver of a subsequent breach, whether or not of the same nature. All waivers shall be strictly construed. No delay in enforcing any right or remedy as a result of a breach of this Agreement shall constitute a waiver thereof. Accordingly, no course of conduct shall constitute an amendment or modification of this Agreement.
Except as otherwise expressly permitted herein, all notices required or permitted to be given hereunder shall be in writing and shall be deemed effective when personally delivered, when received by telegraphic or other electronic means (with no bounceback message received) including the Flexsite Messaging Platform, when delivered by overnight courier or five (5) days after being deposited in the United States mail, with postage prepaid thereon, certified or registered mail, return receipt requested, addressed, as applicable, to Flexsite at 123 Fake Street, San Francisco CA 94104, Attention: admin@Flexsite.com, or to you based on the contact information you provided through the Site. If your contact information changes, you are responsible for updating such information through your account on the Site. .
Other than payment obligations, neither Flexsite nor you shall be liable to the other for any delay or failure in performance under these Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
These Terms constitute the sole and entire agreement between you and Flexsite regarding the Flexsite Service and Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Flexsite Service and Site. In the event of a conflict between these Terms and the License Agreement, these Terms shall supersede.
These terms were last updated on July 15, 2021.