Terms of Use
Last updated: December 27, 2022
1. Agreement to Terms
These Terms of Use constitute a legally binding agreement between you and FlexChain Holdings LLC ("Company," "we," "us," or "our"), concerning your access to and use of the https://www.flexchain.holdings/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
2. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only.
3. User Representations
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
4. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activities include but are not limited to: systematically retrieving data to create compilations without permission, circumventing security features, uploading viruses or malicious code, engaging in automated use of the system, and interfering with the Site or its connected networks.
5. Third-Party Websites and Content
The Site may contain links to other websites ("Third-Party Websites") as well as content originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.
6. Service Description
FlexChain Holdings LLC provides supply chain optimization consulting, freight execution services, and a proprietary analytics platform (the "Command Center"). Services are delivered through a credit-based model, with specific terms for each service type. Credits are purchased through Stripe and are non-refundable once used. Postage costs are charged separately and are non-refundable once a label is purchased.
7. Data Ownership
You retain full ownership of all shipping data you upload to the platform. FlexChain is granted a limited license to process this data solely for the purpose of delivering optimization and execution services. We do not claim ownership of your data or use it for purposes beyond your engagement.
8. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. The Site is hosted in the United States. If you access the Site from any other region, you consent to having your data transferred to and processed in the United States.
9. Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
10. Dispute Resolution
To expedite resolution and control the cost of any dispute related to these Terms of Use, the Parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. If unable to resolve through informal negotiations, disputes will be finally and exclusively resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration will take place in New Castle County, Delaware.
11. Disclaimer
The site is provided on an as-is and as-available basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof. FlexChain provides optimization recommendations based on the data you provide. While we strive for accuracy, projected savings are estimates and actual results may vary. FlexChain is not liable for carrier performance, delivery delays, or losses occurring after freight is tendered to a carrier.
12. Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the site. Our liability to you for any cause whatsoever will at all times be limited to the lesser of the amount paid by you to us during the six (6) month period prior to any cause of action arising or $10,000.00 USD.
13. Contact Us
For questions about these terms, contact us at info@flexchain.holdings.
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