Last modified: 01/16/2018
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet this requirement, you must not access or use the Website.
- Description of FlexBooker’s Services
- Customer Registration Obligations
- Merchant Registration Obligations
- Fees and Payment
FlexBooker may charge Merchants a monthly fee for the use of its Website at the then applicable rate as posted on the Website or such other fee as may be designated by FlexBooker from time to time in its sole discretion. Unless otherwise stated by FlexBooker, your first payment shall be due on or before the day that you request our services, and such day will be your due date for the next applicable installment payment. We reserve the right to modify payment terms at any time.
If your credit card information has been entered into the Website and you have elected to continue using our Website, you acknowledge and agree that FlexBooker may automatically charge your credit card on a recurring basis for the fees associated with the Website starting on the day you provide such billing information. If our monthly fee or other applicable fee is modified, you acknowledge and agree that you will be automatically charged with the then applicable rate on your next billing cycle.
- Payment Service Use
Either you or FlexBooker may cancel your access to the Website with or without cause at any time and effective immediately. If you decide to cancel your access to the Website, you are responsible for properly cancelling your account. You will remain liable for all outstanding payments and fees due at the time of cancellation. You are not entitled to any refund including without limitation refunds related to partial month Website access, plan downgrades, or refunds for months unused if you decide to cancel your account before the end of your subscription period.
- Membership Account, Password and Security
To access certain Website features, you may be required to create a Website user account and password. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities occurring under your password and account, which may not be disclosed to any other person or entity. You agree to notify FlexBooker immediately if you notice any unauthorized use of your password or account or any other breach of security. You shall ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. FLEXBOOKER CANNOT AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS ARISING FROM FAILURE TO COMPLY WITH THIS SECTION .
- Third Parties Services & Links
The Website may provide links to other websites and resources supplied by third parties, which are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, payment processors, other payment intermediaries and sponsored links. Additionally, the Website may include reference to a specific third party, commercial consultant, company, firm, process, or service by trade name, trademark, manufacturer, or otherwise. All statements and opinions expressed such materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing such materials, and do not constitute or imply FlexBooker’s endorsement, recommendation, or favoring of such third party.
We have no control over the content or accuracy of such websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Accessing the Website and Account Security
- Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by FlexBooker, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws of the US and other countries. The Website is also protected as a collective work or compilation under US copyright and other laws and treaties. All individual articles of information, policies and other elements making up the Website are also copyrighted works.
You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Website or later provided by us. Any use of materials on this Website, other than as permitted hereunder including reproduction, modification, distribution, or republication, without prior written permission of FlexBooker is absolutely prohibited, and may result in civil or criminal penalties. Additionally, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by FlexBooker.
The FlexBooker name, FlexBooker logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of FlexBooker. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate FlexBooker, FlexBooker employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm FlexBooker or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any device, software or routine that interferes with the proper working of the Website.
- Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Information About You and Your Visits to the Website
- Geographic Restrictions
The owner of the Website is based in the state of Ohio in the United States. We provide this Website for use only by persons located in the United States, Canada, and the United Kingdom. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to or use of the Website may not be legal by certain persons or in certain countries. If you access or otherwise the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Limitation of Warranties and Limitation of FlexBooker’s Role in the Websites
Merchants must provide the services as requested by the Customers directly to such Customers, and Merchants are solely responsible to provide all services requested by Customers. Furthermore, Customers must pay Merchants directly for the services performed. FlexBooker intends only to provide a medium through which Merchants can connect with Customers and provide services, and Customers can remit direct payment therefor to the Merchant. FlexBooker does not provide services to Customers. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLEXBOOKER NOR ANY PERSON ASSOCIATED WITH FLEXBOOKER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF (I) THE WEBSITE , OF (II) THE MERCHANTS THEMSELVES, OR (II) THE SERVICES THAT THE MERCHANTS MAY PROVIDE TO CUSTOMERS VIA THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FLEXBOOKER NOR ANYONE ASSOCIATED WITH FLEXBOOKER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, TIMELY, APPROPRITATE, SUITABLE FOR ANY PURPOSE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
FLEXBOOKER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND AND CONDITIONS OF ANY KIND WITHOUT LIMITATION WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, THE NON-FLEXBOOKER GENERATED MATERIALS OR ANY SOFTWARE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND TITLE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF FLEXBOOKER’S TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES, OR OTHERWISE HAVE A DISPUTE WITH FLEXBOOKER, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE.
OUR USE OF OR REFERENCE TO A MERCHANT ON THE WEBSITE DOES NOT CONSTITUTE OR IMPLY OUR ENDORSEMENT, RECOMMENDATION, OR FAVORING OF SUCH MERCHANT. SHOULD A DISPUTE ARISE BETWEEN THE CUSTOMER AND THE MERCHANT REGARDING THE WEBSITE, EACH USER OF THE WEBSITE HEREBY AGREES THAT FLEXBOOKER IS NOT AND SHALL NOT BE RESPONSIBLE, AND THAT THE PARTIES SHALL WORK TO RESOLVE THE DISPUTES THEMSELVES.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. FLEXBOOKER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
- Limitation on Liability
IN NO EVENT WILL FLEXBOOKER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR MATERIALS ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE ITEMS AND THE AGREEMENT EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU DURING THE THIRTY (30) DAY PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- Governing Law and Jurisdiction
YOU AND COMPANY ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. FURTHER, NEITHER YOU NOR COMPANY AGREES TO CLASS ARBITRATION OR ANY ARBITRATION WHERE A PERSON MAY BRING A DISPUTE AS A REPRESENTATIVE OF OTHER PERSON(S). YOU AND COMPANY ACKNOWLEDGE AND AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU AND COMPANY GIVE UP YOUR RIGHT TO GO TO COURT IN CONNECTION WITH ANY DISPUTE TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND THE COMPANY . YOU AND COMPANY ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING . YOUR RIGHTS AND COMPANY’S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY .
- Entire Agreement
- Consent and Representations and Warranties
- Your Comments and Concerns
This Website is operated by FlexBooker LLC. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to:
225 W 1st Ave
Columbus, OH 43201
or, via email at privacy@FlexBooker.com .
Thank you for visiting FlexBooker.com.