Website Terms of Use

These terms of use (“Terms”) govern your use of and access to the website: https://www.flarion.io  (the "Website"). The Website is owned and operated by Flarion Inc., a Delaware corporation, and/or its affiliates (“Company”, “us”, “we”, or “our”). By accessing, browsing, or using the Website, you agree to be bound by these Terms which constitute a binding agreement between Company and you. If you do not agree to these Terms, please leave the Website. You must be at least 18 years old to use the Website.

These Terms apply solely to your use of and access to the Website; separate terms and conditions apply and will be made available to you if you use or access any of our products or services.

We may modify these Terms from time to time by posting the updated version on the Website. Your continued access to or use of the Website after such changes constitutes your acceptance of the new Terms.

1. Website Content; Proprietary Rights; Changes

1. 1.1. Website Content. "Website Content" means any of the Website’s past, present and future pages and versions, all information and materials contained therein (other than User Content, as defined below), including without limitation, data files, text, graphics, content, computer software, source and object code, music, audio files or other sounds, photographs, illustrations, videos or other images, and any trademarks, trade names, service marks, logos and domain names, registered or unregistered.

You acknowledge that all of the Website Content is the exclusive property of the Company and/or its licensors and protected by copyright, patents, trademarks, trade secrets or other proprietary rights and intellectual property laws. Except for the limited right to access and use the Website in accordance with these Terms, no rights or licenses are granted to you.

1. 1.2. Feedback. If you provide us with suggestions, comments, ideas or other feedback relating to the Website, the Website Content or any of our products and services, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, modify, incorporate and otherwise exploit such feedback for any purpose without restriction and without attribution or compensation to you.
2. 1.3. Prohibited Use. Except as expressly permitted by these Terms or applicable law, you may not: (i) copy, modify, reproduce, distribute, display, sell, license or otherwise exploit any Website Content; (ii) remove, alter or obscure any copyright, trademark or other proprietary notices contained in or on the Website or Website Content; (iii) access or use the Website through any automated means (including bots, crawlers or scrapers), except as permitted by standard search engine protocols; or (iv) use the Website or Website Content in any manner that is unlawful, infringes the rights of any person or entity, or interferes with, disrupts or compromises the operation, security or integrity of the Website.
3. 1.4. Modification or Discontinuation of the Website. We may modify, suspend or discontinue all or any part of the Website, or restrict or terminate your access to the Website, at any time and for any reason, without notice or liability to you.

2. Third Party Content

The Website may contain links to third-party websites, applications or features, or refer to third-party products or services that are not owned or controlled by the Company. If you access or use any such third-party website, application, feature, product or service, your use will be governed by the applicable third party's terms and privacy policy. We do not control, endorse or assume any responsibility for any third-party websites, applications, features, products, services or content, and disclaim all liability arising from or relating to your use of or interaction with them

3. User Content

1. 3.1. If you submit any information, materials or other content to us through the Website, including through contact forms, communications or file uploads ("User Content"), you represent and warrant that you have all necessary rights to do so and that the User Content does not violate any applicable law or infringe the rights of any third party. Please do not submit confidential or proprietary information through the Website unless specifically requested by us or subject to an applicable confidentiality agreement.
2. 3.2. You grant us a non-exclusive, worldwide, royalty-free license to use, store, reproduce and otherwise process User Content solely as necessary to operate the Website, respond to your communications or requests, improve the Website, comply with applicable law, and enforce these Terms.
3. 3.3. We may, but are not obligated to, remove, disregard, or delete any User Content that we reasonably believe violate these Terms or applicable law.

4. No Warranty

THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE WEBSITE, OR THE WEBSITE CONTENT. WE MAKE NO WARRANTY THAT THE WEBSITE AND THE WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE AND THE WEBSITE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, WEBSITE CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, OR THAT ANY INFORMATION OR ADVICE OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE AND THE WEBSITE CONTENT WILL BE ACCURATE OR RELIABLE.

5. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, AND ITS AFFILIATES AND ITS AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND Representatives BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, OR FOR ANY LOSS OR CORRUPTION OF DATA,  EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, AND ITS AFFILIATES AND ITS AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND Representatives FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE THE WEBSITE EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

6. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys' fees, arising out of (i) your use or misuse of the Website; or (ii) your violation of these Terms.

7. Privacy

We take the protection of your personal information seriously. We will use any personal information that we may collect or obtain in connection with the Website in accordance with our privacy policy available at https://www.flarion.io/legal/privacy (“Privacy Policy”). Our Privacy Policy is incorporated into these Terms by reference and forms a part hereof.

8. Miscellaneous

1. 8.1. Governing Law; Jurisdiction. These Terms shall be governed by the laws of the State of Delaware (USA), without regard to conflict of laws’ provisions. The parties hereto submit to the exclusive jurisdiction of the state and federal courts in Delaware.
2. 8.2. Entire Agreement. These Terms shall constitute the entire agreement between you and the Company concerning the Website and your use of and access thereto.
3. 8.3. Severability. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect, and such provision shall be reformed only to the extent necessary to make it valid, enforceable and legal.
4. 8.4. No Waiver. The failure of the Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by the Company in writing.
5. 8.5. Contact. If you have any questions regarding these Terms or the Website, please contact us at: legal@flarion.io.