Terms of Use
FlipperForce, LLC and its affiliates provide their services to you subject to the following conditions. If you visit or use FlipperForce, you accept these conditions. Please read them carefully. In addition, when you use any current or future FlipperForce service or visit or purchase from any business affiliated with FlipperForce, whether or not included in the FlipperForce Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
ELECTRONIC COMMUNICATIONS
When you visit FlipperForce or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FlipperForce or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of FlipperForce and protected by U.S. and international copyright laws. All software used on this site is the property of FlipperForce or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS FLIPPERFORCE, FLIPPERFORCE.COM, FLIPPERFORCE & Design, AND TOGETHER ON THE SAME PAGE, and other marks indicated on our site are trademarks of FlipperForce, LLC. or its subsidiaries, in the United States and other countries. FlipperForce graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of FlipperForce, LLC or its subsidiaries. FlipperForce’s trademarks and trade dress may not be used in connection with any product or service that is not FlipperForce’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FlipperForce. All other trademarks not owned by FlipperForce or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FlipperForce or its subsidiaries.
LICENSE AND SITE ACCESS
FlipperForce grants you a limited license to access and make personal use of this site or as otherwise specified in a signed service contract and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FlipperForce. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FlipperForce. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FlipperForce and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing FlipperForce’s name or trademarks without the express written consent of FlipperForce. Any unauthorized use terminates the permission or license granted by FlipperForce. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FlipperForce so long as the link does not portray FlipperForce, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FlipperForce logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FlipperForce and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Registered users may post content in accordance with proper use of the FlipperForce web site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FlipperForce reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
RISK OF LOSS
FlipperForce is not responsible for the loss of information posted on its web site. Users should take steps to preserve content through other means in case of a loss.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY FLIPPERFORCE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLIPPERFORCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLIPPERFORCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLIPPERFORCE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FLIPPERFORCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLIPPERFORCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting FlipperForce, you agree that the laws of the state of Missouri, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and FlipperForce or its affiliates. This website (excluding linked sites) is controlled by FlipperForce from its offices within the State of Missouri, United States of America. FlipperForce does not intend to nor agree to submit to the jurisdiction of any other state or country by making this information available outside of Missouri. Those who choose to access this site do so on their own initiative and are responsible for compliance with all local and federal laws. You agree to use this site at your own risk.
DISPUTES
Any dispute relating in any way to your visit to FlipperForce or to services provided by FlipperForce shall be submitted to confidential arbitration in Kansas City, Missouri, except that, to the extent you have in any manner violated or threatened to violate FlipperForce’s intellectual property rights, FlipperForce may seek injunctive or other appropriate relief in any state or federal court in the state of Missouri, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. FlipperForce shall be paid its reasonable attorney fees and expenses for any litigation between subscriber and FlipperForce.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
In addition to these Terms of Use, any other terms or policies posted on this web site, as well as any other signed agreements between you and FlipperForce, are also applicable. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.