Terms of Use

  1. User’s Acknowledgement and Acceptance of the Terms
    1. Legal Relationship. Flexable, LLC (“Flexable”, “Us”, “Our”, or “We”) provides the flexablecare.com site and all related websites (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 the 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.

  1. Description and Use of Portal. Certain Users may access the Services through a designated web portal (each a “Portal”) that We have established for a third party (which may include Your employer) that has contracted with Flexable to provide You with access to the Services through the designated Portal for that third party.  Your use of and access to the Services through a Portal subjects You to these Terms and Conditions as if You were solely contracting with Flexable directly as described in Section 1(a) above. You recognize that the third party will not contact Flexable on your behalf for any reasons, as the third party is not a party to the contract between You and Flexable, nor is the third party responsible for checking or advising you as to these Terms of Use.  You also acknowledge and agree that when You access the Services through a Portal, We provide such third parties contracting with Flexable for access to a Portal for its designated users information relating to the designated users’ use and access of the Services through the designated users’ Portal.
  2. Children’s Online Privacy Protection Act. Our Services are not intended to be directed or marketed to persons under the age of 16.  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 16 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 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 and marketing purposes, but only when a Parent has executed a waiver permitting such recording.  Otherwise, except as specifically provided herein for Users through a Portal, we 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.
  3. 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, or by signing up for Services which are otherwise pre-paid for by your Employer. 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.
  4. Changes to the Terms of Use. These Terms of Use are effective as of date indicated at the bottom of this policy.  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, Portal and Services.  Your continued use of this Website or Portal 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.
  1. 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.

  1. 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.
  2. 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 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 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 may provide You with the opportunity to access certain products and services in addition to the Services through links provided on Our Website and Portal, 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 or Portal.  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 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.

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 or Portal 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 or accessed the Portal.  Except as 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, 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.

  1. Interruptions to the Website or Portal

You acknowledge that access to the Website or Portal may from time-to-time be unavailable to You, whether because of technical failures or interruptions, intentional downtime for service or changes to the Website or Portal, or otherwise. You agree that any modification of the Website or Portal, and any interruption or unavailability of access to the Website or Portal shall not constitute a default of any obligations of Flexable under these Terms of Use, and We shall have no liability of any nature to You for any such modifications, interruptions, unavailability, or failure of access.

  1. 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;
  • 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 Portal, or made available through the Services for purposes not expressly permitted by these Terms of Use;
  • use the Website, Portal 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 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.

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, 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.

  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 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 Portal, 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, Portal, 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, Portal, 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.

  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 the Website or Portal, You or the User should send notification to the email address below  immediately. To be effective, the notification must:

  1. 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;
  2. Identify the material that You claim is infringing the copyrighted work listed in item #1 above;
  3. Provide information reasonably sufficient to permit Us to contact You (email address is preferred);
  4. 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);
  5. 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.
  6. 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 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, 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.

  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 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.

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 OR PORTAL 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 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

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 and Portal 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 the Website and Portal is void where prohibited.

  1. 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, per the request of your employer or due to non-payment or breach by your employer of your employer’s contract with Us.. 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, 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.

  1. 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, Portal or Services.  YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, THE WEBSITE, OR PORTAL MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

  1. Arbitration.

 

Any controversy or claim arising out of or in relation to this Terms of Use, or the breach or alleged breach thereof, which cannot be settled amicably, shall be exclusively settled by arbitration in Pittsburgh, Pennsylvania, which all parties agree is and shall be a convenient forum. Such arbitration shall be conducted in accordance with the Arbitration Rules of American Arbitration Association and the provisions of this Section. The arbitrators may grant any legal and/or equitable relief to which a party may be entitled under the law or legal theory under which the party seeks relief, subject to the limitations of liability set forth in this Terms of Use. The arbitration award shall be given within three (3) months from appointment of the arbitration panel. The award given by the three arbitrators or the majority thereof, shall be final and binding on the parties and shall be subject to no appeal. The award can be enforced in any court having jurisdiction. Unless otherwise required by law or court orders, the substance of any arbitration proceedings shall be kept confidential by all parties and by the arbitrators; however, the fact that such a proceeding exists, or that an award has been rendered, need not be kept confidential. The costs of the proceeding, including the fees and costs of attorneys, accountants, and witnesses, and the compensation of the arbitrators, shall be assessed by the arbitrators against the parties according to the arbitrators’ determination of fault.

  1. Force Majeur

In no event shall Flexable be liable to You for any failure or delay in performing its obligations under these Terms of Use (except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond Flexable’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo or quarantine.

  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.

  1. Entire Agreement

These terms and conditions, together with the Flexable Privacy Policy Agreement, 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.

  1. 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 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.

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.

  1. Contact Information

Except as explicitly noted on the Website or Portal, the Services available through the Website and Portal are offered by Flexable, LLC, a Pennsylvania limited liability company.  If You notice that any user is violating these Terms of Use, please contact Us via email at info@flexablecare.com.

 

Last Updated:  September 30, 2020