TERMS OF USE

 

Skinny_header_blank.jpg
 
 

EFFECTIVE DATE: March 12, 2018

1. flexEngage.com and You

flexEngage owns, maintains and operates flexEngage.com as a way to provide you with the digital processing of post-purchase messages from all participating retailers. This Service is offered to you free of charge for being a valued customer of flexEngage.com and all participating retailers. Your use of products, software, services and websites in connection with flexEngage.com (referred to collectively as the "Services" in this agreement) is subject to the terms of a legal agreement between you and flexEngage. "flexEngage" means flexEngage INC, a Delaware corporation with principal place of business at 14 E. Washington St Suite 370, Orlando, Florida, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement. Unless otherwise agreed in writing with flexEngage, your agreement with flexEngage will include the terms and conditions set out in this document. The flexEngage.com Terms, as set forth herein, form a legally binding agreement between you and flexEngage in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to below as the "Terms."

2. Accepting the Terms

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you in the user interface for any Service; or (b) by actually using the Services. In this case, you understand and agree that flexEngage will treat your use of the Services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with flexEngage, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. Before you continue, you should print off or save a local copy of flexEngage.com Terms for your records.

3. Provision of the Services by flexEngage

flexEngage has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of flexEngage. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you. flexEngage is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services that flexEngage provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that flexEngage may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at flexEngage's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform flexEngage when you stop using the Services. You acknowledge and agree that if flexEngage disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account. You acknowledge and agree that while flexEngage may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by flexEngage at any time, at flexEngage's sole discretion. You acknowledge and agree that flexEngage may establish general practices and limits concerning use of the Service. We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. We may decline to provide the Service for any transaction without prior notice to you or a retailer. We do not warrant that the functions contained in the Service will be uninterrupted or error free and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the post-purchase messages, processing, acceptance, completion or settlement of transactions or the Service).

4. Use of the Services by You

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details including but not limited to email address, phone number, credit card info) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration and user information you give to flexEngage will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by flexEngage, unless you have been specifically allowed to do so in a separate agreement with flexEngage. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including the use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless explicitly permitted to do so by flexEngage, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that flexEngage has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which flexEngage may suffer) of any such breach. You agree that your purchases from retailers are transactions between you and the retailer and not with flexEngage or any of its affiliates. flexEngage is not a party to your purchases from retailers, and neither flexEngage nor its affiliates is a buyer or a seller in connection with your purchases from retailers. You agree not to use the Service in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction. You agree not to use the Service in connection with any transaction that violates these Terms and Conditions, other policies or rules applicable to the Service, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of the Service.

5. Your Passwords and Account Security

You agree and understand that you are responsible for maintaining the confidentiality of any passwords, Access IDs and Product IDs associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to flexEngage for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify flexEngage immediately by sending us an email at support@flexEngage.com.

6. Privacy and Your Personal Information

For information about flexEngage's data protection practices with respect to flexEngage.com, please read the flexEngage.com privacy policy. This policy explains how flexEngage treats your personal information, and protects your privacy when you use the Services. You agree to the use of your data in accordance with flexEngage's privacy policies.

7. Use of Electronic Communications

We may communicate with you regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address you provided during registration, or (b) posting notices or communications on the flexEngage.com website. You agree that we may communicate with you by the following means of electronic communications: these Terms and Conditions (and revisions or amendments), notices or disclosures regarding the Service, post-purchase messages, and any other matter relating to your use of the Service. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you either (1) when we send the electronic communication to the email address you provided at the time of registration or as revised by you thereafter in accordance with this Terms and Conditions, or (2) when we post the electronic communication on the flexEngage.com website. For any communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy; and (c) we reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from us.

8. Our Commitment To Data Security

flexEngage user accounts are secured by user created passwords. flexEngage takes precautions to ensure that user account information is kept private and is only shared as described in these Terms and Conditions. flexEngage uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to flexEngage and you do so at your own risk. Once we receive your transmission of information, flexEngage makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If flexEngage learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities, and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Network and for any use of the website or any other activity or conduct in connection with the Service or the Network, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features of functions of the Service or the Network.

9. Content in the Services

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to flexEngage (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by flexEngage or by the owners of that Content, in a separate agreement. flexEngage reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that flexEngage has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which flexEngage may suffer) by doing so.

10. Proprietary Rights

You acknowledge and agree that flexEngage (or flexEngage's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by flexEngage and that you shall not disclose such information without flexEngage's prior written consent. Unless you have agreed otherwise in writing with flexEngage, nothing in the Terms gives you a right to use any of flexEngage's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with flexEngage, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and flexEngage's brand feature use guidelines as updated from time to time. Other than the limited license set forth in Section 11, flexEngage acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with flexEngage, you agree that you are responsible for protecting and enforcing those rights and that flexEngage has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by flexEngage, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

11. License from flexEngage

flexEngage gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by flexEngage as part of the Services as provided to you by flexEngage (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by flexEngage, in the manner permitted by the Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by flexEngage, in writing. Unless flexEngage has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

12. Content License from You

You retain copyright and any other rights you already hold in Content that you submit, post or display on or through the Services. By submitting, posting or displaying the content you give flexEngage a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content that you submit, post or display on or through the Services unless otherwise agreed to in writing between you and flexEngage. This license is for the sole purpose of enabling flexEngage to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services. You agree that this license includes a right for flexEngage to make such Content available to other companies, organizations or individuals with whom flexEngage has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. You understand that flexEngage, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit flexEngage to take these actions. You confirm and warrant to flexEngage that you have all the rights, power and authority necessary to grant the above license.

13. No Endorsement of Products and Services

flexEngage does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any merchandise, product or service paid for by you in connection with the Service, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information displayed, distributed, or processed through the Service; or (b) your ability to buy Products or retailers ability to deliver Products. flexEngage hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. flexEngage reserves the right, but shall have no responsibility, to edit, modify, refuse to post or to remove any Content, in whole or in part, that in flexEngage's sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms and Conditions.

14. Indemnification

You agree to indemnify, defend and hold harmless flexEngage and its affiliates, and its and their directors, officers, owners, agents, cobranders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, relating to, or which may arise from: (i) your use of the Service; (ii) any breach or noncompliance by you of any term of these Terms and Conditions or any of flexEngage's policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or the rights of a third party.

15. Disputes

You agree to release, flexEngage and its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve flexEngage or its affiliates in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any retailer, other buyer, advertiser or other third party in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of flexEngage and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Terms and Conditions shall constitute a waiver of any rights, claims or defenses that you may have with respect to a transaction under your card issuer agreement, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or the Electronic Fund Transfer Act.

16. Ending Your Relationship With flexEngage

The Terms will continue to apply until terminated by either you or flexEngage as set out below. If you want to terminate your legal agreement with flexEngage, you may do so by (a) notifying flexEngage at any time, (b) closing your accounts for all of the Services that you use, where flexEngage has made this option available to you, and (c) ceasing your use of all of the Services. Your notice should be sent, in writing, to flexEngage's address. flexEngage may at any time, terminate its legal agreement with you if: (a) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) flexEngage is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (c) the partner with whom flexEngage offered the Services to you has terminated its relationship with flexEngage or ceased to offer the Services to you; or (d) flexEngage is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (e) the provision of the Services to you by flexEngage is, in flexEngage's opinion, no longer commercially viable. Nothing in this Section shall affect flexEngage's rights regarding provision of Services under Section 4 of the Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and flexEngage have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

17. EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT FlexEngage'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, FlexEngage, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FlexEngage OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. FlexEngage FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

18. LIMITATION OF LIABILITY

SUBJECT TO OVERALL PROVISION IN THE TERMS ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FlexEngage, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH FlexEngage MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE FlexEngage WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON FlexEngage'S LIABILITY TO YOU IN THE TERMS ABOVE SHALL APPLY WHETHER OR NOT FlexEngage HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

19. Copyright and Trademark Policies

It is flexEngage's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

20. Advertisements

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by flexEngage on the Services are subject to change without specific notice to you. In consideration for flexEngage granting you access to and use of the Services, you agree that flexEngage may place such advertising on the Services.

21. Other Content

The Services may include hyperlinks to other websites or content or resources. flexEngage may have no control over any websites or resources which are provided by companies or persons other than flexEngage. You acknowledge and agree that flexEngage is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that flexEngage is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

22. Changes to the Terms

flexEngage may make changes to flexEngage.com Terms or Additional Terms from time to time. When these changes are made, flexEngage will make a new copy of flexEngage.com Terms available and any new Additional Terms will be made available to you from within, or through, the affected Services. You understand and agree that if you use the Services after the date on which flexEngage.com Terms or Additional Terms have changed, flexEngage will treat your use as acceptance of the updated flexEngage.com Terms or Additional Terms.

23. General Legal Terms

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If that case, the Terms do not affect your legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between you and flexEngage and govern your use of the Services (but excluding any services which flexEngage may provide to you under a separate written agreement), and completely replace any prior agreements between you and flexEngage in relation to the Services. You agree that flexEngage may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if flexEngage does not exercise or enforce any legal right or remedy which is contained in the Terms (or which flexEngage has the benefit of under any applicable law), this will not be taken to be a formal waiver of flexEngage's rights and that those rights or remedies will still be available to flexEngage. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which flexEngage is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. The Terms, and your relationship with flexEngage under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and flexEngage agree to submit to the exclusive jurisdiction of the courts located within the county of Miami Dade, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that flexEngage shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

24. Contact Information

If you have questions about these Terms and Conditions or if you do not understand any information about how we collect, maintain, use, or share your personally identifiable information, you may contact us directly by sending us an email at: support@flexEngage.com.