Terms and Conditions

Flastion LLC (hereinafter also referred to as “Company,” “Flastion,” “we,” “our” or “us”) operates www.flastion.com (“Website”) and other related services (collectively “Services”).

These Terms and Conditions (“Terms”) govern the use of the Services provided by Flastion. By accessing and/or otherwise using the Services in any manner, you, therefore, agree that you have read and accepted these Terms. We reserve the right to modify these Terms, without notice, at any time. You understand that your continued use of the Services after these Terms have been modified constitutes your acceptance of these Terms as amended. Regularly checking and reviewing this page ensures that you are updated on the Terms governing your use of the Services.

If we believe that the modifications are material, we will notify you of the changes by posting a notice on our Website, or emailing you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.

AGREEMENT TO TERMS

By accessing Flastion Services, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and Flastion (hereinafter the “User Agreement”). Please read the Terms very carefully before you start to use the Services. You shall not use the Services if you do not accept the Terms or are unable to be bound by the Terms. If you are using our Services on behalf of a business or legal entity, you may only do so if you have the authority to agree to the Terms and Conditions on behalf of that business or legal entity.

The terms 'user(s)', “your” and 'you' hereunder refer to the person, freelance, client or any other person or business acting on behalf of a business or legal entity, visiting, accessing, browsing through and/or using the Website at any point in time.

ACCEPTANCE OF OTHER TERMS AND POLICY

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time to time (“Policies”). These Terms apply to all Users:

• Privacy Policy
• Cookies Policy

ELIGIBILITY CONDITIONS

In order to use the Website, You need to be 18 (eighteen) years of age or older. The Website may only be used or accessed by such Persons who can enter into and perform legally binding contracts under the applicable laws. Flastion shall not be liable in case of any false information is provided by the User including the User's age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable laws.

Flastion disclaims all liability arising out of such unauthorised use of the Website and any third-party liability arising out of Your use of the Website if You are a minor.

EMAIL COMMUNICATION

You understand that we may send you communications or data regarding our Services. You agree to receive such communications from us.

We will give you the opportunity to opt-out of receiving these marketing and other commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding, improvements, or other updates.

You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with the Company. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

MODIFICATION AND UPDATES

Flastion is committed to improving our Website and providing a seamless user experience. To achieve this, we reserve the right to modify, add, or remove features and functionalities of the Flastion Website, or to suspend or terminate all or part of the Website, with or without prior notice to users.

As part of this commitment, we may also update the Terms or incorporate documents to reflect changes in the law, Flastion Website, or any other aspect of the relationship between Flastion and users. We encourage users to regularly review the Terms to stay informed of any changes.

WEBSITE SECURITY

You agree to use Flastion only in accordance with these Terms. In the event that your unauthorised use of this website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.

As a user of this Website you undertake:

1. Not use our Website in any way that causes or may cause damage to the Website or impairment of the availability or accessibility of the Website; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;
2. Not use our Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
3. Not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Website without our express written consent;
4. Not to knowingly or recklessly contravene, in the course of using this Website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;
5. Not to use this Website to make unauthorised attempts to access or interfere with any of our systems or third party networks;
6. Not to use this Website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
7. Not to use this Website for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this Website for such purpose(s);
8. to inform us immediately of any claim or action against you for any use of this Website and, on request from us, to immediately cease the act complained of.

The Company is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

PRIVACY AND USAGE OF COOKIES

Flastion will not intentionally disclose any personally identifying information about you to third parties, except where Flastion, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of the Privacy policy. Refer to our Privacy Policy and Cookies Policy.

INTELLECTUAL PROPERTY RIGHTS

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.

All material and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors' rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.

The compilation of all content on the Website is our exclusive property and is protected by domestic as well as international copyright and database rights laws.

You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

REVIEWS AND FEEDBACK

We allow the posting of reviews for the content posted on the Website. We love hearing from our users! So, if you would like the content, please feel free to leave a review on our Website. By submitting a review, you acknowledge that your comments may be used on our Website or in our marketing materials. We reserve the right to edit or remove any reviews that contain inappropriate or offensive language. Any user failing to comply with the Terms may be expelled and refused continued access to, the ability to post reviews in the future.

Under no circumstances will we, our subsidiaries, affiliates, officers, directors, agents, co-branders other partners, employees, or representatives be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed by anyone other than the Company itself are solely the opinions of those users and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.

You also acknowledge and agree that any feedback, including, but not limited to, suggestions, comments, reviews, ratings, or other information, provided by you (collectively, “Feedback”) to us is non-confidential and you hereby grant Company, its affiliates, subsidiaries, successors, and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.

GUIDELINES FOR FEEDBACK

We may provide you with areas on the Services to leave Feedback. When posting Feedback, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

DISCLAIMER OF WARRANTIES

Your use of the Website is at your sole risk. The Website and the Services are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Services or Website content, or any reliance upon or use of the Website content or Services.

Without limiting the generality of the foregoing, the Company makes no warranty:

1. that the information provided on this Website is accurate, reliable, complete, or timely;
2. that the links to third-party websites are to information that is accurate, reliable, complete, or timely;
3. no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
4. regarding any Services obtained through the Website.

The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or use the Website.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, our Company, its affiliates, partners, officers, directors, agents, and employees shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of our website or any content, services accessed from or through our website, (ii) your inability to access or use our website or any content, services accessed from or through our website, (iii) any conduct or content of any third party on our website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties, (iv) any content obtained from or through our website, or (v) unauthorized access, use or alteration of your transmissions or content.

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behaviour on the Website. You agree to indemnify, defend and hold the Company harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of Michigan, United States of America and shall have exclusive jurisdiction over any dispute arising under this Agreement.

NOTICES

Legal notices must be served on the email address provided in the 'Contact Us' clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

DISPUTE RESOLUTION

If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. we strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to us at the email address provided in the 'Contact Us' clause.

If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in a small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. you agree that, by agreeing to these Terms, the US Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Flastion are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement.

Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. you can find their forms at www.adr.org. Unless you and Flastion agree otherwise, the arbitration will be conducted in Michigan, USA. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules.

The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorised access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FLASTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

To the extent that any claim, dispute or controversy regarding Flastion or our Service is not arbitrable under applicable laws or otherwise, you and Flastion both agree that any claim or dispute regarding Flastion will be resolved exclusively in accordance with the applicable federal and state laws. If you are a consumer in the EEA, then this clause does not apply to you.

REMOVAL OF DOUBTS

Notwithstanding anything stated in these terms for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the CEO of the Company may take a decision as he/she may deem fit. The decision of the CEO shall be final.

GENERAL PROVISIONS

• Severability - The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision."
• Entire Agreement - The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
• Waiver - If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
• Amendments - Notwithstanding anything contained hereinbefore, We may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.
• Force Majeure - No one shall be liable for any delay or failure in performance due to events outside the defaulting Party's reasonable control, including without limitation acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

CONTACT US

After reviewing this policy, if you have any additional questions, concerning these Terms, please contact us by sending an email to contact@flastion.com by adding the word “Terms” in the subject line.

Effective Date: September 14, 2023.
Last Updated: September 14, 2023.