Terms of Service
These Terms of Service comprise a legal agreement between You and Simply Speaking, Inc., and govern Your use of Flurbit services.
BY SUBSCRIBING TO THE FLURBIT SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms, do not subscribe to or use Flurbit services.
Flurbit is made up of Web pages operated by Simply Speaking, Inc. and its affiliates, and of various products and services which are provided by Simply Speaking, Inc., its affiliates or third party service providers. These Web pages, products and services will be collectively referred to in these Terms of Service as "Us", "We", "Our", "Flurbit", or the "Flurbit Network." "You" and "Your" means You, Your company, Your employees, and anyone who has access to use Your Flurbit account. You must be at least eighteen (18) years of age to subscribe to and use any Flurbit service.
The Flurbit Network is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the Flurbit Network and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. Flurbit reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If Flurbit makes a material change to the Terms of Service, Flurbit will give You notice by email at the email address which You have provided for Your Flurbit account thirty days before such change is scheduled to take effect. If You continue to use the Flurbit Network after any such changes, Your continued use will constitute Your consent to such changes.
Any rights not expressly granted herein are reserved by Us. In addition Your registration information and other information about You is subject to our Privacy Statement located at https://Flurbit.com/privacy_policy.
By subscribing to any service offered on the Flurbit site, You make the following representations and warranties. Flurbit shall have the right to terminate Your Flurbit account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.
You represent and warrant that You and all users of the Flurbit Network approved by you are at least eighteen (18) years of age. You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the Flurbit service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company;
You will not use the Flurbit Network for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time);
All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration, subscription and billing process;
Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Personal Web Page are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Personal Web Page, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Personal Web Page.
By using the Flurbit Network, You agree that You will defend and indemnify Flurbit and its suppliers from any third party claim related to a breach of any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF THE Flurbit NETWORK
The Flurbit Network is provided to assist You with the operation of Your speaking business. Your right to use the Flurbit Network is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Personal Web Page and Your Flurbit account. Flurbit reserves the right, but is not obligated, to monitor or to review materials posted on Your Personal Web Page and to monitor Your compliance with these Terms of Service and the Additional Terms. Flurbit reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Flurbit Network, except as expressly provided herein.
You may not use a name in connection with operating Your Flurbit Personal Web Page that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to Your identity.
You may not restrict or inhibit any other user from using and enjoying such user"s rights in Flurbit.
You may not interfere with or disrupt the Flurbit Network or servers or any network connected to Flurbit.
You may not use the Flurbit Network or the products or services provided through or in connection with the Flurbit Network to:
rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;
defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns;
harm minors in any way;
publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another"s computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party"s rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any Flurbit services or Your Personal Web Page would cause Flurbit to violate any law, statute or regulation; or any other illegal activity;
harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
violate any applicable government laws or regulations.
You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Flurbit Network, or in any product, service or Software provided through the Flurbit Network.
The information provided by Flurbit to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Flurbit with any third party.
TERMS RELATED TO FEES AND BILLING
Some products and services available through or in connection with Flurbit require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your Flurbit account by you or anyone else using Your account. Flurbit reserves the right to modify the fees charged for Flurbit products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Flurbit notifies You via email or otherwise of such modified fees.
CHARGES ON YOUR BILLING ACCOUNT
Flurbit bills you through an online account (Your "Billing Account") for services and items obtained through the Flurbit Network (the "Products"). You agree to pay Flurbit all charges at the prices then in effect for any Products ordered by you or other persons (including Your agents) using Your Billing Account, and you authorize Flurbit to charge Your chosen payment method (Your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. Flurbit reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS AND SERVICES ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY FLURBIT IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY CALLING FLURBIT AT 1-866-372-8768. IF YOU FAIL TO PROVIDE FLURBIT WITH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT FLURBIT MAY CONTINUE CHARGING YOU FOR ANY PRODUCT OR SERVICE PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT OR SERVICE (SEE OUR CANCELLATION POLICY).
Currency exchange settlements will be based on Your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of Your chosen Payment Method (the "Payment Method Provider"). If Flurbit does not receive payment from Your Payment Method Provider, you agree to pay all amounts due on Your Billing Account upon demand.
Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are charged to Your Billing Account or Payment Method.
If the amount to be charged to Your Billing Account varies from the amount you preauthorized, you have the right to receive, and Flurbit shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern Your use of Your Payment Method. You agree that Flurbit may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
FLURBIT MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE FLURBIT REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CONTACT CUSTOMER SERVICE AT 1-866-372-8768.
Your non-termination or continued use of the Products on Your Billing Account reaffirms that Flurbit is authorized to charge Your Payment Method. Flurbit may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive Our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.
DUE DATE; LATE CHARGE; COLLECTION COSTS
If Flurbit does not receive payment for any charge to Your Billing Account, you will be in default and Flurbit may suspend or cancel Your Billing Account and Your access to any or all Flurbit Products and Services. If Your Payment Method Provider seeks return of payments previously made to Flurbit, but Flurbit in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and Flurbit may cancel Your Billing Account and Your access to any or all Products and Services. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, FLURBIT MAY STOP DELIVERY OF ANY PRODUCT OR SERVICE, AND ANY INFORMATION YOU HAVE STORED ON A FLURBIT ACCOUNT MAY NOT BE RETRIEVED AT A LATER DATE.
TERMINATION, CANCELLATION OR SUSPENSION; REFUNDS
Flurbit may, in its discretion, terminate, cancel, or suspend an accepted order if Flurbit is notified that Your Payment Method has expired or has been canceled, or if Flurbit has reason to believe that any Billing Account information provided to Flurbit is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by You or Flurbit, will not alter Your obligation to pay all charges made to Your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before Flurbit could reasonably act on Your termination notice ). Subject to any withdrawal right you may have under applicable law, You will not be entitled to any refunds upon termination, cancellation or suspension unless these Terms of Service or the cancellation policy on the cancellation policy page of the Flurbit website expressly so provides.
If You notify Flurbit by phone at 1-866-372-8768 or in writing that You are canceling one or more Flurbit services or products, fees pre-paid by You to Flurbit for Flurbit products or services will be credited back to Your applicable credit card in accordance with the cancellation policy. Flurbit is not required to refund directly to You any amounts paid hereunder.
In the event that Flurbit terminates Your Flurbit account or one or more of Your Flurbit services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. Except as otherwise required by law, the costs of any returns if permitted will be at Your expense.
GENERAL BILLING TERMS
You represent and warrant that you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with Your responsibilities and obligations as stated in these Terms of Service. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of these Terms of Service and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in Your Billing Account.
You acknowledge that if You cancel any subscriptions to a Flurbit service that You may not be entitled to a refund of all or part of amounts already paid by You for such Flurbit subscription. You agree that (a) Flurbit"s cancellation policy will be posted on the Flurbit Web site and may be changed from time to time by Flurbit in its sole discretion and (b) the cancellation policy posted at the time you cancel Your subscription shall govern the amount of the refund (if any) due to you.
You may cancel your membership anytime you want. There are no long-term enrollment commitments or hidden cancellation fees of any kind. If you do wish to cancel, please use the link in the Account section of your online portal to cancel your account immediately.
CHANGES TO SERVICES, TERMINATION BY FLURBIT
Flurbit may change any of the Flurbit services at any time and from time to time without notice, including terminating the offering of any Flurbit service altogether.
Flurbit may terminate Your account, Your access to Flurbit or any of Your Flurbit services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your Flurbit services or from using the Flurbit Network or from receiving any products, services or benefits from Flurbit, if Flurbit determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Flurbit receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the Flurbit Network and there will be no refund of any fees prepaid by You. If You subscribe to a Flurbit service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) Your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the Flurbit service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.
LINKS TO THIRD PARTY SITES
Links within the Flurbit Network may let You leave the Flurbit Network. You acknowledge that the linked sites are not under the control of Flurbit and that Flurbit is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Flurbit is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Flurbit of the linked site or any association with their operators.
Affiliate Relationship Disclosure
The Federal Trade Commission requires that we disclose any relationship we have between a product manufacturer or service provider when we write about or otherwise promote a product or service.
Simply Speaking, Inc. (dba Flurbit) accepts forms of cash advertising, sponsorship, paid insertions and other forms of compensation. We do not accept money to review a product or service.
The Flurbit staff will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.
The compensation received may influence the advertising content, topics or posts made on our website. That content, advertising space or post may not always be identified as paid or sponsored content. An upcoming seminar, for example, might be highly promoted because of the timeliness and the level of compensation we receive.
In most cases, we don't pay for the products we test or services we review. They are sent/comped to us by the manufacturer or service provider. Rarely do we request a product. In almost all cases, the manufacturer or service provider approaches us first. If we feel it's a product or service our audience would benefit from, then we request they send us the product or somehow let us experience the service.
When we create a link to a product or service on our website or in other communications, sometimes we may get paid a commission if you purchase the product or service. This is also true in the case of teleseminars, podcasts, e-mail, and our own social media posts.
We generally don't draw attention to the fact that there is an affiliate relationship when we promote products and services. You know we're in business to make money. But, as stated before, we will only endorse and promote those products and services we believe are worthy of our endorsement. You should make an educated decision before you make any purchase.
If you do make a purchase based on our endorsement, we always appreciate feedback. Hopefully, you'll be pleased with our recommendation. But we will certainly remove our endorsement if we receive enough feedback that would warrant that decision.
LICENSE YOU GRANT TO FLURBIT
Flurbit does not claim ownership of the materials You provide to Flurbit (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of Flurbit or any Web Personal Web Page ("Your Personal Page") created by You or on Your behalf in connection with the use of Flurbit (collectively "Submissions"). However, You grant Flurbit a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of Flurbit. You also grant Flurbit the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to Flurbit's or its sublicensee's use of the materials as licensed above. Flurbit is under no obligation to post or use any materials You may provide, and may remove such materials at any time in Our sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Flurbit Network, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant Flurbit the license set forth above, and You will defend and indemnify Flurbit and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.
You grant Flurbit permission to use screen shots of any Web page that contains a link to Flurbit or Flurbit HTML code in Flurbit promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.
SOFTWARE AVAILABLE ON THE FLURBIT NETWORK
Software (if any) that is made available to download from or otherwise use through the Flurbit Network, excluding software that may be made available by third parties via Flurbit, ("Software") is the copyrighted work of Flurbit and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, Simply Speaking, Inc. hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular Flurbit Web Site or Flurbit service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by Flurbit and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. You are responsible for ensuring the Software is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through the Flurbit Network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the Flurbit Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.
Your access to and use of the Flurbit Network, and products and services of Flurbit, is at Your own risk. Flurbit makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Flurbit Network, or such products or services. Without limiting the foregoing, NEITHER FLURBIT NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN FLURBIT FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FLURBIT AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL FLURBIT OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION: DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF FLURBIT OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE FLURBIT OR RELATED SERVICES; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH FLURBIT; OR OTHERWISE ARISING OUT OF THE USE OF FLURBIT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLURBIT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF FLURBIT, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FLURBIT NETWORK AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, Flurbit is not responsible for any of Your data residing on Flurbit and Flurbit Network hardware or systems, including such hardware or systems provided to Flurbit by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Flurbit or Flurbit hardware or systems, including such hardware or systems provided to Flurbit by third parties, whether or not such information is produced through the use of Flurbit, including any information regarding the operation or use of Your Personal Web Page, and other information You are providing or using in connection with Your use of the Flurbit Network. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Flurbit will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Flurbit Network, its services or products; (b) Your customers" use of Your Personal Web Page hosted by or created through Flurbit and Your products and services; (c) use of the Flurbit Network by any other party to whom You have given access to Your company information for use of the Flurbit Network; (d) errors, bugs or other defects in the Flurbit Network; (e) illegal or criminal activities committed by third parties; or (f) that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Our records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Personal Web Page and other information You are providing or using in connection with Your use of the Flurbit Network.
Flurbit is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your Flurbit information, through the use of the Flurbit Network.
Flurbit is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Personal Web Page or between You and any user of any products or services offered or provided by You or by a third party through the Flurbit Network. Flurbit is not responsible for screening, censoring or otherwise controlling Your Personal Web Page, or any listings or transactions offered or conducted via Your Personal Web Page. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Personal Web Page or through Flurbit. Flurbit is not acting as Your or any third party"s agent in connection with the operation of Flurbit. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Flurbit is not involved in any orders or other transactions between You and other users of Flurbit, Flurbit cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.
Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Personal Web Page or on any Flurbit service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). Flurbit is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. Flurbit makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Flurbit.
You agree to defend, indemnify and hold Flurbit and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys" fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party"s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Flurbit or Your use of Flurbit.
ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
Flurbit reserves the right to deny in its sole discretion any user access to Flurbit or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the Flurbit Network resulting from any third party using a password or user name issued to You. You agree to notify Flurbit immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Flurbit Network known to or suspected by You. You may change Your password at any time by following instructions on the Flurbit Web site.
You hereby authorize Flurbit to rely on any data, notice, instruction or request furnished by You to Flurbit, or that Flurbit reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Flurbit is not responsible for fraud of participants or of other users of Your account.
YOUR CUSTOMER DATA
These Terms of Service and the Additional Terms are governed by the laws of the State of Texas, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, USA in all disputes arising out of or relating to the use of the Flurbit Services or the Flurbit Network. You agree not to represent yourself to be a representative, agent, or employee of Flurbit and that Flurbit will not be liable by reason of any representation, act or omission to act by you.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Flurbit as a result of these Terms or Service or use of Flurbit.
Performance of this agreement by Flurbit is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Our right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Flurbit Network or information provided to or gathered by Flurbit with respect to such use.
Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Flurbit with respect to the Flurbit Network and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Flurbit with respect to the Flurbit Network.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Flurbit may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove Your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which You must have provided consent or engaged in conduct to obtain the applicable services or Products.
The example companies, organizations, products, people and events depicted within Flurbit are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.
Flurbit is not obligated to monitor the content on Flurbit. Flurbit reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with the Flurbit Privacy Statement located at https://Flurbit.com/privacy_policy. Flurbit reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the Flurbit Web sites, in the sole discretion of Flurbit, without notice at any time.
Below are additional terms applicable to your use of and access to Flurbit Network and certain services offered by Us or Our third party partners or affiliates through Flurbit:
Any rights not expressly granted herein are reserved by Flurbit, including all legal and equitable remedies available to Flurbit for violation of any of these Terms of Service.
FOR INFORMATION REGARDING THE FLURBIT PRIVACY STATEMENT, read the document located at https://Flurbit.com/privacy_policy.