Terms of Use

  1. User’s Acknowledgement and Acceptance of the Terms
    a. Legal Relationship. Flexable, LLC (“Flexable”, “Us”, “Our”, or “We”) provides the
    www.flexablecare.com site (the “Website”), a web application and various related
    services (collectively, the “Services””) to you, the user (“User”, “You”, or “Your”,
    which include “Parent” (as defined below) unless otherwise indicated), subject to
    Your compliance with all the terms, conditions, and notices contained or referenced
    herein (the “Terms of Use”) as well as any other written agreement between Us and
    You. You have the nonexclusive, non-assignable, royalty free, worldwide limited
    right to use the Services solely for Your personal use, subject to these Terms of Use.
    In other words, by using or accessing Our Services, You are entering into a binding
    legal agreement with Us to use Our Services pursuant to these Terms of Use. If You
    do not agree to be bound by and comply with these Terms of Use, please do not use
    Our Services.
    The services are comprised of an online platform through which we provide a
    facilitator (“Facilitator”) to lead live video interaction with the children of parents or
    legal guardians who desire to engage their children in recreational projects (each a
    “Module”). Parents or legal guardians who desire to engage us to provide such
    services (collectively, “Parents”) may schedule and pay for the provision of such
    services, pursuant to the terms and conditions set forth herein. The recipients of the
    services provided by us include the Parents and the children of such Parents who
    are specifically permitted by the Parent to access the services (collectively, “Users”).
    You understand and agree that Flexable has performed criminal background checks
    and clearances on each Facilitator (collectively “Clearances”), and such clearances
    are updated in accordance with state and federal requirements. Except as otherwise
    set forth in these terms of use, We disclaim all liability to the maximum extent
    permitted by law.
    You acknowledge and agree that, by accessing or using the Services, You are
    indicating that You have read, and that You understand and agree to be bound by
    these Terms of Use and receive Our Services whether or not You have registered
    with Us. If You do not agree to these Terms of Use, then You have no right to access
    or use the Services.
    b. Children’s Online Privacy Protection Act. Our Services are not intended to by
    directed or marketed to persons under the age of 13. Our Services are only
    accessible and may only be purchased by a Parent who is at least 18 years of age or
    older. Our Services cannot be accessed or engaged unless a Parent agrees to these
    Terms of Use, and provides payment for the Services on behalf of persons under 13
    years of age. If you are under 18 years of age, you are not permitted to register to
    access or pay to use Our Services. We collect only the email address and name of the

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Parent, and require that the Parent provide Us with the first name and age of a child
who is authorized by a Parent as a User. We also request certain information about
the User from the Parent, such as the User’s grade in school, number of siblings, and
areas of interest relating to potential Services to be provided to the User. We do
record selected sessions for internal research purposes but do not sell or share any
personal information of any User to any third party. If you purchase a Module, you
understand that the Users’ images may be projected to other Users accessing the
same Module. We cannot control the actions of Users while they are accessing the
Module.
c. Legal Capacity to Accept Terms of Use. Use of Our Services is not authorized by
anyone under the age of 18. When You contract for the Services by payment for a
Module, You represent and warrant that You are: (i) at least 18 years of age; (ii) fully
competent to use the Services; (iii) the Parent of an individual under the age of 18
who will access the Module; and (iv) legally bound by and comply with these Terms
of Use.
d. Changes to the Terms of Use. These Terms of Use are effective as of April 15,

  1. We expressly reserve the right to change these Terms of Use from time to
    time as We deem necessary or appropriate because of legal compliance
    requirements or changes in Our business practice. When We make a material
    change, We will indicate that such a change has been made by revising the “Last
    Updated” date set forth at the end of these Terms of Use. Nevertheless, We
    recommend that You review these Terms of Use periodically to remain current on
    Your legal rights and obligations regarding Your use of Our Website and Services.
    Your continued use of this Website or the Services after such changes will constitute
    acknowledgement of the changed Terms of Use and agreement to abide and be
    bound by such changes.
  2. Module Registration.
    In order to purchase a Module, a Parent must register their name and email address.
    Services are purchased on the Website by use of a third-party service provider. This
    third-party service provider may request additional information from a Parent to
    purchase the Services.
    a. Responsibility for your password. You are responsible for all activities that
    occur under through our Website 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 t 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.
    b. Right to Terminate. As is more specifically set forth below, We reserve the right
    to suspend or terminate the Services and restrict your access to the Services if any

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information provided by You during the registration process or at any other time
proves to be inaccurate, not current or incomplete or You are otherwise in violation
of these Terms of Use.

  1. 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 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 may provide You with the opportunity to access certain products and
    services in addition to the Services through links provided on Our Website, We are
    not responsible in any way for anything that transpires between You and a third
    party for these products or services. Consequently, the terms of use and privacy
    policy of each third party with which You enter into an arrangement for these
    products or services will govern that transaction, even if You accessed that third
    party website through Our Website. Therefore, if You have any issues or disputes
    regarding Your transactions involving these products or services, You acknowledge
    and agree that You will discuss these issues and resolve these disputes directly with
    the applicable third party, not Us.
    Although We make the Services available to the general public, in the event that You
    purchase a Module through Our Website, 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.
    The Services are made available to Parents by use of third-party web-based video
    conferencing tool 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, 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. We are not
    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.

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We reserve the sole right to either modify or discontinue the Services, including any
of the features of the Services, at any time with or without notice to You. We will not
be liable to You or any third party should We exercise such right. Any new features
that augment or enhance the then-current Services on this Website shall also be
subject to these Terms of Use.

  1. 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.
    Each Module is intended to be viewed and utilized only by the children of the Parent
    who has purchased the Module. Except a specifically provided in these Terms of
    Use, Users are absolutely prohibited from taping, rebroadcasting or any other use of
    a Module presented by a Facilitator.
    We are not responsible for the conduct, either online or offline, of a Parent or any
    other User of the Services or Website. We do not assume and expressly disclaim any
    liability that may result from such conduct or the use of information provided on
    Our Website 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
    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.
  2. 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 this Website 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

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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;
● access or use Our Services in any way that is inconsistent with the Flexable
Privacy Policy or these Terms of Use or in any way that otherwise violates
the privacy rights or any other rights of Flexable’s Users or any other third
party;
● copy, store or otherwise access or use any information contained on the
Website or made available through the Services for purposes not expressly
permitted by these Terms of Use;
● use the Website or Services for any commercial or other purposes that are
not expressly permitted by these Terms of Use or in a manner that falsely
implies a Flexable endorsement, partnership or otherwise misleads others as
to Your affiliation with Flexable;
● as a Parent, contact a Facilitator directly for any purpose—all contact with
Facilitators must be directed by and through Flexable’s approved access;
● recruit or otherwise solicit any Facilitator to join third-party services or
websites that are competitive to Flexable, without Flexable’s prior written
approval;

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● 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 or the Services.
We neither endorse nor assume any liability for the contents of any material
uploaded or submitted by Users of the Services. We generally do not pre-screen,
monitor, or edit the content posted by users of communications services, chat
rooms, message boards, newsgroups, software libraries, or other interactive
services that may be available on or through these Services. However, We and Our
agents have the right, at Our sole discretion, to remove any content that, in Our
judgment, does not comply with these Terms of Use and any other rules of User
conduct for Our Services, or is otherwise harmful, objectionable, or inaccurate. We
are not responsible for any failure or delay in removing such content. You hereby
consent to such removal and waive any claim against Us arising out of such removal
of content. (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 this site infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.)
In addition, You may not use our Website 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. 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.

  1. 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

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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.

  1. Intellectual Property Information
    For purposes of these Terms of Use, “content” is defined as any information, data,
    communications, software, photos, video, graphics, music, sounds, and other
    material and services that can be viewed by You on the Website or by using the
    Services. This includes message boards, chat, and other original content.
    By accepting these Terms of Use, You acknowledge and agree that all content
    presented to You by using the Services is protected by copyrights, trademarks,
    service marks, patents or other proprietary rights and laws, and is the sole property
    of Flexable and/or its licensors. Users are only permitted to use the content as
    expressly authorized by Us or the specific content provider. Excluding any content
    to which You hold the original copyright, You may not copy, reproduce, modify,
    republish, upload, post, transmit, or distribute any documents or information from
    the Website or the Services in any form or by any means without prior written
    permission from Us or the specific content provider. You are solely responsible for
    obtaining permission before reusing any copyrighted material that is available on
    the Website or through the Services. Any unauthorized use of the materials
    appearing on the Services may violate copyright, trademark and other applicable
    laws and could result in criminal or civil penalties.
    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.)
    All custom graphics, icons, logos and service names are registered trademarks,
    trademarks or service marks of Flexable and/or its licensors. All other trademarks
    or service marks are the property of their respective owners. Nothing in these
    Terms of Use grants You any right to use any trademark, service mark, logo, and/or
    the name of Flexable or its licensors.

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  1. Unauthorized Use of Materials
    Except as otherwise set forth in Our Privacy Policy, the terms and conditions of
    which are incorporated herein by reference, any information, communication or
    material that You post or submit to Us, whether by electronic mail, post, or other
    means, for any reason, will be treated as non-confidential and non-proprietary.
    While You retain all rights in such information, communications or material, You
    grant Us and Our agents a non-exclusive, worldwide, perpetual, irrevocable,
    unrestricted, royalty-free, fully paid-up, transferable license, with the right to
    sublicense (through multiple tiers), to use, copy, publicly perform, digitally perform,
    publicly display and distribute (through multiple tiers) such contributed content,
    and to sell, modify, create derivative works from and/or to incorporate such
    contributed content into other works in any form, medium or technology, whether
    now known or hereafter developed, in each case, for any purpose whatsoever,
    commercial or otherwise, without compensation to You. You agree to waive any
    moral rights that You may have to Your contributed content.
    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 this Website, You or the User
    should send notification to the email address below immediately. To be effective,
    the notification must:
    a. 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;
    b. Identify the material that You claim is infringing the copyrighted work
    listed in item #1 above;
    c. Provide information reasonably sufficient to permit Us to contact You
    (email address is preferred);
    d. 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);
    e. 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.”
    f. 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

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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
info@flexablecare.com.
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 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.

  1. 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 from us or a third party will meet
    your expectations or be free from mistakes, errors or defects.
    The website 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, including the prices and descriptions of any services listed herein, at any
    time without notice. The content or services on the website 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 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.

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Content available through the Services often represents the opinions and judgments
of an information provider, User, or other person or entity not connected with Us.
We do not endorse, nor are We responsible for the accuracy or reliability of, any
opinion, advice, or statement made by anyone other than an authorized Flexable
spokesperson speaking in his/her official capacity. Please refer to the specific
editorial policies, if any, posted on various sections of the Website for further
information regarding which policies are incorporated by reference into these
Terms of Use.
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.

  1. 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.
    Further, we shall not be liable in any way for third party goods and services offered
    through the website 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.
  2. Indemnification
    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.

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  1. Participation in Promotions
    From time to time, the Website 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.
  2. 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.
  3. E-mail, Messaging, Blogging, and Chat Services
    We may make email, messaging, blogging, or chat services (collectively,
    “Communications”) available to Parents, either directly or through a third-party
    provider. We may make available separate supplemental agreements characterizing
    the relationship between You and Us that, except where expressly noted or
    contradictory, include these Terms of Use.
    We will not inspect or disclose the contents of private Communications except with
    the consent of the sender or the recipient, or in the narrowly-defined situations
    provided under the Electronic Communications Privacy Act, or as otherwise
    required by law or by court or governmental order. Further information is available
    in Our Privacy Policy.
    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.

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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.

  1. International Use
    Although the Website may be accessible worldwide, only Parents and Caregivers
    residing or operating in the United States, respectively, are currently legally
    permitted to register to use the Services. We make no representation that the
    content or the Services are appropriate in locations outside the United States,
    including accessing them from territories where the contents or Services are illegal
    and/or prohibited. Those who choose to access the Services outside the United
    States in violation of these Terms of Use do so on their own initiative and are
    responsible for compliance with applicable local laws. Any offer for any product,
    service, and/or information made in connection with this Website is void where
    prohibited.
  2. Termination of Use
    You agree that We may, in Our sole discretion, terminate or suspend Your access to
    all or part of the Services with or without notice and for any reason, including,
    without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive
    or illegal activity may be grounds for terminating Your relationship and may be
    referred to appropriate law enforcement authorities.
    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 and the Website 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.
  3. Governing Law
    The Services (excluding any linked sites) are controlled by Us from Our offices
    within the Commonwealth of Pennsylvania (“Pennsylvania”), United States of
    America and can be accessed from all 50 states, as well as from other countries
    around the world. As each of these places has laws that may differ from those of
    Pennsylvania, by accessing the Services both You and We agree that the laws of
    Pennsylvania, without regard to the conflicts of laws principles thereof and the
    United Nations Convention on the International Sales of Goods, will apply to all
    matters, including but not limited to any legal suit, action or proceeding arising out
    of or related to the Terms of Use or the use of the Website or Services. You and We
    agree and hereby submit to the exclusive personal jurisdiction and venue of any
    court of competent jurisdiction located in Allegheny County, Pennsylvania, with
    respect to all such matters.

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  1. Notices
    All notices to a party shall be in writing and shall be made via email at
    info@flexablecare.com. 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.

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  1. Entire Agreement
    These terms and conditions constitute the entire agreement and understanding
    between You and Us concerning the subject matter of this agreement and supersede
    all prior agreements and understandings of the parties with respect to that subject
    matter. These Terms of Use may not be altered, supplemented, or amended by the
    use of any other document(s). Any attempt to alter, supplement or amend this
    document or to enter an order for products or services which are subject to
    additional or altered terms and conditions shall be null and void, unless otherwise
    agreed to in a written agreement signed by You and Us. To the extent that anything
    in or associated with the Services is in conflict or inconsistent with these Terms of
    Use, these Terms of Use shall take precedence.
  2. Miscellaneous
    In any action to enforce these Terms of Use, the prevailing party will be entitled to
    costs and attorneys’ fees. Any cause of action brought by You against Us or Our
    licensors must be instituted with one year after the cause of action arises or be
    deemed forever waived and barred.
    You may not assign Your rights and obligations under these Terms of Use to any
    party, and any purported attempt to do so will be null and void. We may freely
    assign Our rights and obligations under these Terms of Use.
    You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial
    purposes any portion of the Website, 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 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.
    If any part of these Terms of Use is held invalid or unenforceable, that portion shall
    be construed in a manner consistent with applicable law to reflect, as nearly as
    possible, the original intentions of the parties, and the remaining portions shall
    remain in full force and effect.
    Any failure by Us to enforce or exercise any provision of these Terms of Use or
    related rights shall not constitute a waiver of that right or provision.
  3. Contact Information
    Except as explicitly noted on the Website, the Services available through the
    Website are offered by Flexable, LLC, a Pennsylvania limited liability company. If

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You notice that any user is violating these Terms of Use, please contact Us via email
at info@flexablecare.com.

Last Updated: April 15, 2020