Last Updated Date: July, 2022
We reserve the right to take any steps we deem necessary, including legal action, to restrain any unauthorized or prohibited activity.
Without limiting the generality of Section 2.1, any trademarks, logos, service marks, trade names, corporate names, proprietary logos or insignia and other business identifiers on the Site (“Marks“) are owned by the Flex Licensors. You may not use any trademark displayed on the Site without the written permission of Flex or the relevant owner of the trademark.
Our Site is not intended for children under fourteen (14) years of age. No one under age fourteen (14) may provide any personal information to the Site. We do not knowingly collect personal information from children under fourteen (14). If you are under fourteen (14), do not make any purchases through the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under fourteen (14) without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under fourteen (14), please email us at [email protected].
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND. FLEX, ITS LICENSORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL FLEX, ITS LICENSORS AND/OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, LOSSES, COSTS, EXPENSES OR DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES AND ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING FROM OR IN WAY CONNECTED TO: (A) THE USE OR INABILITY TO USE THE SITE OR ITS CONTENT; (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT; OR (C) ANY OTHER MATTER RELATING TO THE SITE OR ITS CONTENT, WHETHER OR NOT FLEX OR ITS LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To the extent some jurisdictions do not allow limitations on some categories of damages, these limitations may not apply to you, for example, if you are a consumer residing in the Province of Quebec.
To the maximum extent permitted by applicable laws, you agree to defend, indemnify and hold harmless each of Flex, its licensors and their respective officers, directors, shareholders, employees, agents and representatives (collectively, “Indemnified Parties“) from and against any and all claims, demands, causes of action, proceedings, liabilities, costs and expenses (including all legal and other professional fees and costs) sustained, incurred or paid by any of the Indemnified Parties arising out of or in any way related to:
including actions taken under your account. In the event of any of such claims, you agree to assist and cooperate as fully as reasonably required by the Indemnified Parties in the defence of any such claims. Flex reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Flex will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you, for example if you are a consumer residing in the Province of Quebec.
Each Party is an independent contractor and you and Flex agree that no partnership, joint venture, or agency relationship exists between you and us.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FLEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both of you and Flex agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Some jurisdictions do not allow limitations for class actions, so the foregoing limitation may not apply to you, for example if you are a consumer residing in the Province of Quebec.
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