WWW.FLEXRAKE.COM, ("FLEXRAKE") hosts this Web site, WWW.FLEXRAKE.COM, (the "Web Site") and performs customer care and fulfillment services.FLEXRAKE CORP. administers FLEXRAKE.COM's content and postings. FLEXRAKE. is hereinafter referred to as "we" or "us".
PLEASE READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY AND COMPLETELY BEFORE USING OUR WEB SITE (FLEXRAKE.COM). YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1) PRODUCTS, CONTENT, SPECIFICATIONS. All features, content, products, prices, and specifications of products and services described or depicted on this Web Site are subject to change at any time without notice. Measures, weights and similar descriptions are approximate and are therefore provided for convenience only. We make all efforts to accurately display information about our products, including applicable colors; however, the actual color you will see on your computer screen will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products/services within this Web Site at a particular time does not imply or warrant that these products/services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased via our Web Site. By placing an order, you represent that the products ordered will be used only in a legal and law-abiding manner.
2) ACCURACY OF INFORMATION. We attempt to ensure that information FLEXRAKE.COM is complete and current. Despite our efforts, information may occasionally be inaccurate, incomplete or outdated. We make no representation as to the completeness, accuracy or currency of information on FLEXRAKE.COM. For example, products included on FLEXRAKE.COM may be unavailable, have different attributes than those listed, or carry a different price than what is listed on our Web Site. We reserve the right to make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product/service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
3) SHIPPING LIMITATIONS. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with shipping restrictions contained on this Web Site. All purchases from FLEXRAKE.COM are made pursuant to a shipment contract. Risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
4) USE OF FLEXRAKE.COM. The design and all design elements of our Web Site, FLEXRAKE.COM, including text, graphics, information, content, and other material displayed on or downloadable from our Web Site are either the property of, or used with permission by, FLEXRAKE and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not in any way reproduce or publicly display or distribute or otherwise use any such materials from FLEXRAKE.COM for any public or commercial purpose. Unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are solely responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer.
5) TRADEMARKS. Certain trademarks, trade names, service marks and logos used or displayed on FLEXRAKE.COM are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on FLEXRAKE.COM are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on FLEXRAKE.COM grants or should be construed as granting any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission.
6) LINKING TO FLEXRAKE.COM. Creating or maintaining any link from another Web site to any page FLEXRAKE.COM without our prior written permission is strictly prohibited. Running or displaying FLEXRAKE.COM or any material displayed on FLEXRAKE.COM in any way, shape, or form on another Web site without our prior written permission is also strictly prohibited. Any permitted links to FLEXRAKE.COM must comply with all applicable laws, rule and regulations.
7) THIRD PARTY LINKS. FLEXRAKE.COM may occasionally contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use said links, you will leave our Web Site. Neither we nor any of our affiliates are responsible for any content, materials or information located on or accessible from or via any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web Site, or any content or information located or accessible from or via such Web sites, or any results that you may obtain from using said third party Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk, and FLEXRAKE is free of any responsibility regarding any consequences that may happen as a result.
8) INAPPROPRIATE MATERIAL. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute/encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem reasonable and necessary to cure or prevent the violation, including the immediate removal from FLEXRAKE.COM of such materials. We will fully cooperate with all law enforcement authorities or any court order or subpoena requesting/directing us to disclose the identity of anybody posting such materials.
10) DISCLAIMERS. YOUR USE OF FLEXRAKE.COM IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS DUE TO NORMAL WEAR, ABUSE, PRODUCT MISUES OR MODIFICATION, IMPROPER PRODUCT SELECTION, MISAPPROPRIATION, OR NON-COMPLIANCE WITH CODES. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS
IN THE EVENT OF ANY PROBLEM WITH FLEXRAKE.COM OR ANY OF ITS RELATED CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH FLEXRAKE.COM, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY,
12) REVISIONS TO THESE TERMS AND CONDITIONS. You fully understand that FLEXRAKE may revise these Terms and Conditions and update this posting at any time. You are advised to visit this page every so often to review the current/updated Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located elsewhere on FLEXRAKE.COM.
13) CHOICE OF LAW; JURISDICTION. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14) FOR FURTHER ASSISTANCE/EXPLANATION. If you do not understand any of the foregoing Terms and Conditions, or if you have any further inquiries, please forward your questions/comments to CUSTOMERSERVICE@FLEXRAKE.COM