Terms and Conditions
ACCEPTANCE OF TERMS THROUGH USE
By using this site, you (“User“) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site. Please check this Agreement periodically for changes as the owner of this site, Flathead Business Solutions (“Company“), reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or reexported into Iran, Iraq, Syria, Libya, Sudan, Cuba, North Korea, Yugoslav Republic (Serbia and Montenegro), Rwanda, Nigeria or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
USER’S LICENSE GRANT TO SITE
The Company’s, licensors’ or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of New York, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from New York, by accessing this site, both you and the Company agree that the statues and laws of New York shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of New York and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.
Policy Effective Date: July 1st, 2016
Protecting Your Privacy
Flathead Business Solutions LLC is committed to protecting the privacy of our users. To this end, we believe you have the right to know everything regarding the information we collect about you, how the information is used, and how you can opt out of providing any of this information.
What Information Is Collected?
We collect non-personally identifying information when you visit our website about which pages you visit, how long you visit certain pages, and how you arrived at our website among other things. For more information on exactly what information is obtained, please contact us at email@example.com.
Why Do You Collect Information?
The information we collect allows us to improve your user experience through the customization of content and layouts of various pages.
Who Do You Share My Information With?
We may make our customer e-mail addresses, postal addresses and telephone numbers available to other reputable businesses whose products or services may be of value to you. If you do not wish to share your information with other companies or organizations, please let us know by contacting us at firstname.lastname@example.org. We retain email opt-out and postal/telephone non-solicitation requests for five years.
May I see the Information You Collect From Me?
Yes, upon request, we will provide you with access to your personal account information, account status, contact information, and other information that we collect. You may access the information by emailing us a request at email@example.com.
What Are Cookies?
If you wish to disable cookies, there is a simple procedure in most Internet browsers that allow you to turn off cookies. However, note that cookies may be required to use certain features of our website and that of many others.
Legal Information Transfers
We may need to disclose certain information to comply with laws, regulations, court orders, subpoenas, search warrants, or other legal reasons in the course of a legal proceeding or in response to a law enforcement agency request. Furthermore, if there is a change of control transaction in our business, a sale or transfer of assets, customer information could be sold or transferred as part of that transaction and your personally identifying information may be used by the purchaser.
Children Under 13
We are concerned about the safety of children. We do not knowingly allow anyone under the age of 13 to provide us with personally identifying information. Children wishing to utilize our services should always get permission from their parents before supplying any information about themselves, including names, email addresses and phone numbers.
We may link to other websites with information gather practices that differ from our own. Visitors should carefully review privacy policies for all websites they visit as we have no control over information submitted or collected by third parties.
Rules for Submissions and Messages
Users are responsible for what they post in discussion groups of other public forums. We cannot and do not review each submission that users make and do not endorse or guarantee the accuracy or propriety of any submission. We do, however, reserve the right to restrict or prohibit your use of our website if we believe you are violating any terms of the agreement.
Member Conduct Guidelines
Members understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. We do not control the content posted and as a result do not guarantee the accuracy, integrity, or quality of such content. You may be exposed to content that is offensive, indecent or objectionable.
You agree not to use our website in order to:
- perform any commercial activities without the written consent of Flathead Business Solutions LLC;
- forge headers or manipulate identifiers as a means to mask the origin of any Content transmitted through the Service.
- disrupt the servers or networks connected to the Flathead Business Solutions LLC site;
- transmit any Content that is unlawful, invasive of another’s privacy, or otherwise objectionable;
- hurt minors in any way, “stalk” any individuals or gather personal information about other users;
- pretend to be any person or entity or feign your affiliation with a person or entity;
- transmit any Content that would infringe upon another’s intellectual property rights or would be considered “spam”, “chain letters” or any other form of solicitation;
- post any Content that you should not transmit under any contract, law or fiduciary relationship or any Content containing any viruses or programs that would effect functionality;
- develop password-only, restricted access pages, or hidden pages;
- break any applicable laws or regulations or aid any other user in achieving illegal activities.
How Is Data Secured?
We use industry-standard encryption technologies when transferring and receiving personal data. We also have appropriate security measures to protect against loss, misuse or alteration of information that we collect from you.
Changes and Updates
By using this website, you acknowledge that we acquire all rights to use any posted materials as described above so that we do not violate any rights you may have in materials you post. By submitting content to or throughout our website, you grant us the non-exclusive right to reproduce, modify and distribute it as we see fit in any medium and for any propose in any form, media or technology now known or later developed. You also permit any other user to access, display and print such content for personal use. You vouch that any material you submit does not violate, plagiarize or infringe upon the right of any third party, including copyright, trademark or proprietary rights. If non-original content is included in your posting, you much obtain permission from the content owner and attribute it.
Further Questions or Comments
Additionally, you may contact your state or local consumer protection office, The Direct Marketing Association’s Committee on Ethical Business Practices at firstname.lastname@example.org, the phone at (202)FTC-HELP (202/382-4357) and online at www.ftc.gov.
Flathead Business Solutions LLC complies with all the stringent standards of ethical conduct set forth by the Direct Marketing Association.