- User’s Acknowledgement and Acceptance of the Terms
- Module Registration.
In order to purchase or otherwise access a Module, a Parent must register their name and email address. Services are accessed on the Website and Portal by use of a third-party service provider. This third-party service provider may request additional information from a Parent to purchase the Services.
- Responsibility for Your password. You are responsible for all activities that occur under through our Website, Portal or Services. You are also responsible for maintaining the confidentiality of Your password. You agree not to disclose Your password to any third party. Our personnel will never ask You for Your password. You may not transfer or share Your password, account or Module access with anyone. You agree not to access the Service by using a false identity or information. You also agree not to access Services on behalf of someone other than Yourself. You agree to notify Us immediately if You suspect any unauthorized use of any Module or Your password.
- Description of Services
Our Services provide Parents with the capability to purchase one or more Modules for access to and use by a User. A Module consists of a live video interaction by a Facilitator employed by Us, whereby the Facilitator engages in the Parent-approved and purchased Module with the User, on the date and at the time such Module is approved by the Parent for presentative to the User. The Module may be a 1:1 or group activity as described in the Module description and registration.
The information set forth on Our Website and Portal about each Module and Facilitator is based on the most accurate and up-to-date information that We have obtained from each Facilitator. Because the Modules are interactive and specialized for presentation to each User, We make no representation or warranty as to the specific content provided to, or experience gained by, any User.
Although We make the Services available to the general public, in the event that You purchase a Module through Our Website or Portal, You are responsible for providing, at Your own expense, all equipment necessary to use the Services, including a computer, network hardware, Internet access, and access to any application or software necessary to view or access the Services. If You are using a Portal, no third party has any obligation to provide You with any equipment to access the Services.
The Services are made available to Parents by use of third-party web-based video conferencing tools with a local, desktop client and a mobile app that allows users to meet online, with video (“Video Conference Tool”). If You purchase the Services through Our Website or access them through a Portal, You must agree to allow Us to provide the Services to applicable Users by way of the Video Conference Tool that We have selected to utilize to provide the Services. You must have an active account with the service provider of the Video Conference Tool.to utilize the Services. You are solely responsible for any problems, inconsistencies, connectivity or access issues that You may have with the Video Conference Tool, or any other third-party provider when attempting to access the Services, and We make no representation relating to any third-party provider services or products.
As part of the Services, Parents may send communications regarding the Services to Facilitators and/or other Parents. These communications may be delivered to third-party e-mail providers, over which Flexable has no control. By sending such communications, You agree that those communications may be transferred to and stored with a third-party provider.
- Limitations of Our Services.
While We employ Facilitators and perform Clearances on such individuals, the Facilitators are solely responsible for compliance with all applicable laws. We do not certify or represent that any Facilitator has any specialized training or skill relating to the activities conducted in the Modules. The Modules are presented by the Facilitators for recreational purposes only, and are not intended to convey any specialized information or knowledge to any User.
We are not responsible for the conduct, either online or offline, of a Parent or any other User of the Services, Website or Portal. We do not assume and expressly disclaim any liability that may result from such conduct or the use of information provided on Our Website, Portal or the Services. All Users, including Parents expressly agree not to hold either Flexable or its officers, members, managers employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, or corporate partners liable for the actions or inactions of any Parent or User or other third-party or for any information, instruction, advice or services which originated through the Website, or Portal, or as a result of the Services. Flexable expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from such actions, inaction or information.
- Interruptions to the Website or Portal
- User Conduct
Your use of the Services is subject to all applicable laws and regulations, and You are solely responsible for the substance of Your communication while using our Services. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to You on or through the Website, Portal or via our Services, You agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; or
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third-party.
You also agree that You will not, under any circumstances:
- as a Parent, submit any information to Us that is false or misleading information relating to You or any other User;
- as a Parent contact a Facilitator directly except as required for the Facilitator to deliver Modules or Services paid for by the Parent; ;
- recruit or otherwise solicit any Facilitator to join third-party services or websites that are competitive to Flexable, without Flexable’s prior written approval;
- recruit or otherwise solicit any User to join third-party services, applications or websites, without Our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity; or
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Portal or the Services.
In addition, You may not use our Website, Portal or the Services to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Services may be available to You or other authorized Users of the Website and Portal. You shall not interfere with anyone else’s use and enjoyment of the Services or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that We have the right to investigate and prosecute violations of any of the provisions set forth herein and that We have the right, at any time, at Our sole discretion, to terminate, remove, cancel or disable Your access to the Services including any Module, or any other affiliation You may have with Our Services, without prior notice to You for violating any of the provisions set forth herein or any applicable federal, state or local laws, rules or regulations. In addition, You acknowledge that We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- Third Party Sites and Information
These Services may link You to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Our control, and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are We responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Us, or any warranty of any kind, either express or implied. Different terms and conditions and privacy policies may apply to Your use of any other site. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use or reliance on any content, products or services available on or through any such linked site.
- Intellectual Property Information
Neither We nor Our licensors warrant or represent that Your use of materials displayed on, or obtained through, the Services will not infringe the rights of third-parties. (See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Services infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.)
- Unauthorized Use of Materials
Please do not submit confidential or proprietary information to Us unless We have mutually agreed in writing otherwise. We are also unable to accept Your unsolicited ideas or proposals, so please do not submit them to Us under any circumstance.
We respect the intellectual property of others, and We ask You to do the same. If You or any User of the Services believe its copyright, trademark or other intellectual property rights have been infringed by a posting on the Website or Portal, You or the User should send notification to the email address below immediately. To be effective, the notification must:
- Identify in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed;
- Identify the material that You claim is infringing the copyrighted work listed in item #1 above;
- Provide information reasonably sufficient to permit Us to contact You (email address is preferred);
- Provide information, if possible, sufficient to permit Us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred);
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.“
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;“
You must also sign the notification and send the written communication via email to [email protected]
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Website, Portal, and/or Services without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- DISCLAIMER OF WARRANTIES
ALL CONTENT AND SERVICES PROVIDED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR PORTAL FROM US OR A THIRD-PARTY WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE WEBSITE, PORTAL, AND THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES ON THE WEBSITE OR PORTAL, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES ON THE WEBSITE OR PORTAL MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THE WEBSITE OR PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
THROUGH YOUR USE OF THE SERVICES, YOU MAY HAVE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO, THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDISE AND SERVICES AND YOU. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE FROM A THIRD-PARTY IS PROVIDED SOLELY BY SUCH THIRD-PARTY, AND NOT BY US.
YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE AVAILABILITY OF THE SERVICES MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD-PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE SERVICES, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND OUR CONTROL.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND THAT WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE USE OF THE SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THE WEBSITE OR PORTAL.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR PORTAL, OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE THIRD-PARTY WEBSITES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by Us, You agree to defend, indemnify, and hold Us and Our licensors harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use or misuse of the Services. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses.
- Participation in Promotions
(a) From time to time, Flexable and the Website may communicate with You to provide you with advertisements or other recommendations relating to the Services. You may affirmatively opt in to or opt out from these communications through the Website.
(b) From time to time, the Website, Portal and Services may include advertisements provided by third-parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
- Membership Program
From time to time, We may make available a membership program (the “Program”), at no cost to You, where, as a result of the frequency of Your use of the Services or participation in certain promotions offered by Us, You can achieve a certain membership status in the Program entitling You to certain benefits. You understand, agree and accept the fact that We may, in Our sole discretion, change the terms of, suspend or terminate the Program for any reason, at any time, with or without prior notice to You. You also understand, agree and accept the fact that a change of terms of or suspension of the Program may result in, and a termination of the Program will result in, the forfeiture of any benefits earned but not redeemed as of the effective date of the change of the terms, suspension or termination of the Program, respectively.
- E-mail, Messaging, Blogging, and Chat Services
We may employ automated monitoring devices or techniques to protect Parents from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that We deem inconsistent with Our business purposes. However, such devices or techniques are not perfect, and We will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
If We make mailboxes available, these mailboxes may have a limited storage capacity. If You exceed the maximum permitted storage space, We may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
- International Use
- Termination of Use
Upon termination or suspension, regardless of the reasons therefore, Your right to use the Services immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your access to the Services, the Website and Portal, and all related information and files relating to Your registration and/or bar any further access to such files or the Services. We shall not be liable to any User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection with such termination or suspension.
- Governing Law
- Force Majeur
All notices to a party shall be in writing and shall be made via email at [email protected] We may broadcast notices or messages through the Services to inform You of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to You at the time of sending.
- Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Website or Portal, or use of or access to the Services.
In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in delivery of products and Services available through Our Website and Portal arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated above.
- Contact Information
Last Updated: September 30, 2020