Terms and Conditions

This Terms & Conditions of Use Agreement (“TOU”) between Flatterbox, LLC (hereinafter referred to as “Flatterbox” or “us”) and the user of this website (hereinafter referred to as “you”). If you do not agree to this TOU, do not use this site. An important function of this TOU is to alert you that the data presented on this site is not warranted or otherwise guaranteed. Please read this information carefully. If you do not agree to be bound by this TOU, please exit the site immediately.

By accessing Flatterbox’s site, you agree to abide by our TOU. Flatterbox has established its TOU to protect the interests of Flatterbox, its business affiliates and its customers. You should check for changes to the TOU each time you visit the site. Flatterbox may make changes to the TOU at any time, without prior notice to its users.

Your submittal of any personal information to Flatterbox indicates acceptance of this TOU. This TOU shall supersede any subsequent terms or conditions included within this site, whether or not such terms or conditions are signed by Flatterbox.

By accessing this site, you are agreeing to be bound by this TOU, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

When you communicate with Flatterbox through this site, personal information shall be used by Flatterbox in accordance with its Privacy Policy, incorporated herein.

Copyright and Trademark Notices

All contents and graphics on this site are copyrights of Flatterbox, except where noted, and the related logos are trademarks of Flatterbox. Other products and company names mentioned herein may be the trademarks or trade names of their respective owners.

Unpublished rights are reserved under the copyright laws of the United States.

Revisions and Errata

The materials appearing on Flatterbox’s site could include technical, typographical, or photographic errors. The information contained within this site comes from a variety of sources and includes information that is subject to change without notice. Flatterbox strives to ensure that the information is accurate, complete and up-to-date, but Flatterbox cannot guarantee and does not warrant that the information is accurate, complete or up-to-date; or that your access will be uninterrupted; or that material accessible from this site is free from viruses or other harmful components. Some of the information displayed on these pages changes rapidly. Therefore, the accuracy and timeliness of the data is subject to delays in connectivity across the Internet, your systems and other facilities outside the control of Flatterbox. Therefore, you must independently verify the accuracy of any information presented on the site.
Links
Flatterbox has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Flatterbox of the site. Use of any such linked site is at the user’s own risk.

Disclaimer of Warranties

THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. FLATTERBOX MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FLATTERBOX DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FLATTERBOX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLATTERBOX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE OR ON ANY SITES LINKE TO THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.

Limitations

Flatterbox shall not be liable for:

* The contents of any communication, message, or information provided to Flatterbox by you or other third parties;

* The contents of any message contained in a Flatterbox product;

* The contents of any site not controlled, owned, or operated by Flatterbox that is accessed from or linked to this website by direct or indirect means;

* Any damages or injury caused by, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; or

* Any direct, indirect, incidental, special, or consequential damages whether in contract, tort, strict liability or otherwise, arising out of or relating to use of or inability to use this website, even if Flatterbox has been advised of the possibility of such damages.

Since some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Indemnification

You agree to indemnify and hold Flatterbox, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to: (a) your use or distribution of any Flatterbox product; (b) your use of this website; and (c) any alleged breach of this TOU.

It is your responsibility to review all messages contained in any Flatterbox product. Flatterbox may, but does not have the obligation to, review the messages contained in any Flatterbox product.

Limited License

This website is for your personal and noncommercial use. Except as otherwise expressly provided, you shall not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, decompile, reverse-engineer, create derivative works from, transfer or sell any information or content contained in the system, Flatterbox’s website as a whole software, products or services obtained from or available as part of or in conjunction with this system. You are granted a non-exclusive, non-assignable and non-transferable limited license to use this system only in accordance with this TOU.

This license is not a sale of any of the owner’s rights. The Flatterbox website may be used only by you, and you may not rent, lend, sub-license or transfer the site or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the website. You may not transfer to or store any data residing or exchanged over the Flatterbox website in any electronic network for use by more than one user unless you obtain prior written permission from Flatterbox.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Flatterbox at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Flatterbox’s licensed applications and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.

Applicable Law and Choice of Venue

This TOU shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and Flatterbox or its affiliates.

This site is operated by Flatterbox from the Commonwealth of Pennsylvania, United States of America. Flatterbox makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.

This TOU shall be governed by internal Pennsylvania and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Pennsylvania. Use of this site is unauthorized in any jurisdiction that does not legally recognize all provisions of this TOU, including without limitation this paragraph.

Remedies

Given the nature of these terms, you understand and agree that, in addition to money damages, Flatterbox shall be entitled to equitable relief upon a breach of this TOU by you.
Modifications
Flatterbox reserves the right at any time to modify this TOU and to impose new or additional terms or conditions on your use of Flatterbox’s services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this TOU. Your continued use of Flatterbox’s services will be deemed acceptance thereof. Flatterbox, however, does not make any commitment to update the materials.

Waiver

No waiver by Flatterbox shall be construed as a waiver of any proceeding or succeeding breach of any TOU provision.

Survival of Provisions

Each provision of this TOU shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. This TOU shall be severable and construed to the extent of its enforceability in light of the parties’ mutual intent if deemed at all unenforceable by the competent court.

Children’s Online Privacy Protection

In accordance with the Children’s Online Privacy Protection Act of 1998, Flatterbox will not knowingly collect personal information from a child under the age of thirteen (13). If Flatterbox learns that it has collected information from a child under the age of thirteen (13), Flatterbox will take the necessary steps to delete the information as soon as reasonably possible.

Entire Agreement

We intend that this TOU constitutes the entire agreement between Flatterbox and you.

Contact Information

If you have any questions concerning this site or Flatterbox’s policies, please contact us at flatterbox@comcast.net.

TOU Last Updated: 04.01.15