Flexers

Terms & Conditions

Please read these terms and conditions (“Terms”, “Terms and Conditions”) carefully before using GoingFlex website and apps (the “Services(s)”) operated by GoingFlex, Inc. (“us”, ‘we”, “our”). GoingFlex reserves the rights to modify this Terms and Conditions at any time.

 

These Terms govern your access to and use of GoingFlex through our web and mobile applications, as well as all services and products that GoingFlex offers to users (for example, GoingFlex Marketplace Platform as outlined below in Section 7c) available at or though these websites (collectively, “Services”). These Terms also govern visitors’ access to and use of any websites that use our Services, such as websites hosted on GoingFlex.com that are operated by our users. For some of GoingFlex’s other products and services (if any), additional Terms of Service may apply and will be posted on the websites for those products and services. Our Services are offered subject to your acceptance, without modification, of all of the Terms and Conditions contained herein and all other operating rules, policies (including, without limitation, GoingFlex’s Privacy Policy), and procedures that may be published from time to time by GoingFlex (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services. In general:

Conditions of Use – We will provide their services to you, which are subject to the conditions stated below in this document. Every time you visit/use this website and associated apps, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.

Privacy Policy – Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Copyright – Content published on this website (service descriptions, digital downloads, images, texts, graphics, logos) is the property of GoingFlex and/or its content creators and protected by U.S. and international copyright laws. The entire compilation of the content found on this website is the exclusive property of GoingFlex, with copyright authorship for this compilation by GoingFlex.

Communications – The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Applicable Law – By visiting or using this website and its associated apps and services, you agree that the laws of the State of California and the United States of America, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between GoingFlex and you, or its business partners and associates.

Disputes – Any dispute related in any way to your visit to this website or to products you use and purchase from us shall be arbitrated by state or federal court in Los Angeles County, California and you consent to exclusive jurisdiction and venue of such courts. You also consent to resolve any dispute only in peaceful manners and fully agree that GoingFlex has no liabilities to you.

Comments, Reviews, and Emails – Visitors and users may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation. We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant GoingFlex non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

License and Site Access – We grant you a limited license to access and make personal use of this website. You are not allowed to download, modify or resell the Services provided under it. This may be done only with written consent from us.

User Account – If you are an owner of an account on this website and its associate apps and services, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. We reserve all rights to terminate, revoke, cancel, and delete accounts, edit or remove content and cancel orders in our sole discretion. 

 

  • Who’s Who. Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. We refer to GoingFlex Inc., its sub-domain sites/paths and mobile apps collectively as “GoingFlex” or “we” throughout these Terms.
 
  • Your Account
    • Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.
    • You are responsible for maintaining the security of your account and any Service-related website, store, or other service, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
    • When you create a GoingFlex.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. If you aren’t interested in learning more, you can opt out of the marketing communication via an email (preferred method), phone call, or text message.
 
  • Minimum Age Requirement. Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a customer/client/employer or Service Provider/Professional/Flexer their personal information to our Services represents that they are 18 years of age or older.

 

Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the services/jobs (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“third-party services/Jobs”) and are not responsible for any use or effects of such third-party services/Jobs. So, for example:

  • We do not endorse any third-party service/Job or represent that any third-party service/Job is accurate, useful, or non-harmful. Third-party services/Jobs could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
 
  • If you post a submission offering third-party services/Job, comment on the website, or otherwise make (or allow any third-party to make) third-party services/Jobs available on our platform, you are entirely responsible for the third-party service/Job, and any harm resulting from, that third-party service/Job and your conduct.
 
  • We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of the Service or any third-party services/Jobs. If you access, post, purchase, bid for any third-party service/Job, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive service.
 
  • Any third-party service or Job offered through any of our Services are the sole responsibility of the party offering the third-party service/Job (“Service Provider/Professional/Flexer ” or the “Client/Customer,” respectively), and you agree that you as the provider of the third-party service, or the applicant for the Job (the “Customer/Client”) will look solely to the Service Provider/Professional/Flexer  for any damages that result from the third-party service/job.
 
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between the Service Provider/Professional/Flexer and Customer/Client of any third-party service/job.
 
  • Please note that additional third-party terms and conditions may apply to the downloading, copying, purchase, or use of the third-party service/job.
 

We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, GoingFlex.com or our Services. For example:

  • We do not have any control over those websites and are not responsible for their services or their use.
 
  • The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
 
  • You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive service.
 
  • We disclaim any responsibility for any harm resulting from non-GoingFlex websites.

 

Fees, Payment, and Renewal (If Any, As Applicable)

GoingFlex Fees

 

Fees for Paid Services and Products – Some of our Services or third-party services are offered for a fee such as membership plans, platform fees, and other fees (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees (for example, GoingFlex.com fees, and fees associated with specific features, such as payments that billed on a continuous basis (“Recurring Payments”), and Client/Customer and Service Provider/Professional/Flexer marketplace fees). Depending on the Paid Service, there may be a one-time fee, recurring fees, or revenue-based fee. For Recurring Payments, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for Recurring

 

Payments for your website’s subscriptions — you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized, income, or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. We are not responsible for Service Provider/Professional/Flexer and/or Client/Customer tax obligations.

Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.

Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a GoingFlex.com annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. We may (but are not obligated to) send you an email in advance of a renewal.  It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date by visiting your Manage Orders page. For more information about how GoingFlex.com subscriptions work, please see our Manage Purchases, Renewals & Cancellations support page.

Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s webpage. For example, you can manage all of your GoingFlex.com plans through your GoingFlex.com Manage Orders page. To cancel a GoingFlex.com plan, go to your Manage Orders page, click on the plan you wish to cancel, then follow the instructions to “cancel the subscription.” You must repeat this process for each subscription you wish to cancel.

Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.

Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.

Fees Collected by Service Providers/Flexers. Fees Paid to Service Providers/Flexers. Service Providers/Flexers may choose to offer/sell services, offer subscriptions for their services at specific price points and intervals, or simply collect payments. Please note that we are not involved in a Service Provider/Professional/Flexer ’s subscription details, or a Service Provider/Professional/Flexer ’s service operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any services ordered/purchased). If you order/purchase services or service subscriptions from a Service Provider/Professional/Flexer , your order/purchase is directly from the Service Provider/Professional/Flexer , who is solely responsible for the service sold. Please contact the Service Provider/Professional/Flexer  if you have any questions or complaints.

Refunds: We are not responsible for refunds for fees paid to a Service Provider/Professional/Flexer  because those transactions are between Service Provider/Professional/Flexer and their Customer/Client directly. For transactions occur on the platform, if you would like to request a refund for any fees paid to a Service Provider/Professional/Flexer , please contact the Service Provider/Professional/Flexer  directly to work on a resolution. If you have a complaint regarding a Service Provider/Professional/Flexer  or a Customer/Client, you can file a dispute through your dashboard so we can facilitate the communication.  While a dispute is in progress, the fund in question will stay in the escrow account and will be disbursed once a resolution has been reached between the Service Provider/Professional/Flexer  and Customer/Client. GoingFlex has no responsibility or obligation over the decision and/or resolution of a dispute.

General Representation and Warranty

You represent and warrant that your use of our Services:

  • Will be in strict accordance with these Terms;
  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable service, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
  • Will not use the Services for any unlawful purposes, to publish illegal service, or in furtherance of illegal activities;
  • Will not infringe or misappropriate the intellectual property rights of any third-party;
  • Will not overburden GoingFlex’s systems, as determined by us in our sole discretion;
  • Will not disclose sensitive personal information of others;
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not interfere with, disrupt, or attack any service or network; and
  • Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.

 

Specific Service Terms

GoingFlex.com Websites, Mobile Apps, and Accounts

GoingFlex.com enables you to have flexible options in hiring and working, and we would love for you to use it. A GoingFlex.com account also allows you to sign into some of our Services. GoingFlex.com’s basic service is free, and we offer (or may offer in the future) paid plans for advanced features such as discovery, learning, benefits, etc. Our service is designed to give you as much control and ownership over as possible and encourage you to professional judgement on what you post on your profile. You own all service you post to your account, so be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website. If you find a GoingFlex.com website that you believe violates these Terms, please visit our dispute resolution and reporting page.

 

License. By submitting a third-party service/Job to GoingFlex, you grant GoingFlex a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the third-party service/Job solely for the purpose of displaying, distributing, and promoting your services. This license also allows GoingFlex to make any publicly-posted third-party service/Job available to third parties selected by GoingFlex so that these third parties can analyze and distribute (but not publicly display) the Service through their services. You also give other GoingFlex.com users permission to share your third-party service/Job submission on other GoingFlex.com websites and apps.

Removing Service. If you delete the third-party service/Job, we will use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on GoingFlex.com, but you acknowledge that caching or references to the third-party service/Job may not be made immediately unavailable.

Web Traffic. We may use a third-party, such as comScore, Inc. (“comScore”) of Google (“Google”), to measure GoingFlex.com’s audience and usage. Please read their respective terms and conditions.

Prohibited Uses. By using GoingFlex.com, you represent and warrant that your third-party service/Job and conduct do not violate the User Guidelines.

HTTPS. We use HTTPS on all GoingFlex.com websites by default, including those using custom domains, via Let’s Encrypt or other Certificate Authority Service Providers. 

Advertisements. We reserve the right to display advertisements on your website unless you have purchased a plan that includes the removal of ads.

Attribution. We reserve the right to display attribution text or links in your website footer or toolbar, attributing GoingFlex.com or the theme author, for example. Some of these attributions may not be altered or removed.

GoingFlex Solutions

GoingFlex Solutions is a suite of software and consulting services to help modern and distributed companies manage, grow, and support their business with talents & services procured via GoingFlex.com.

Prohibited Uses. You agree not to:

  • Modify, decompile, reverse engineer or otherwise alter or seek to derive the trade secrets and other inherent intellectual property of GoingFlex Solutions; or
 
  • License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make GoingFlex Services available to any third-party, other than your authorized users.

 

GoingFlex Marketplace Platform

 

There are certain features offered via GoingFlex.com, its sub-domain sites, and its mobile apps, that enable you to post jobs/projects (as Client/Customer) and sell skills/services (as Service Provider/Professional/Flexer) or collect payments on your website, such as Credit Card Payments, and Recurring Payments (collectively, “GoingFlex Marketplace Platform”). 

  • Prohibited Uses. You may not use GoingFlex Marketplace Platform for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to GoingFlex Marketplace Platform or force refunds to your subscribers without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms. If you’re using GoingFlex Marketplace Platform on GoingFlex.com or through another site, you must not violate our User Guidelines or Marketplace Guidelines.
 
  • Third-party Services. GoingFlex uses external third-party services, such as Stripeor PayPal to collect payment. If you use these payment services, be aware that some of your data may be passed to the respective third-party, and the respective third-party’s terms of service, privacy policy, and other policies may apply. For example, if you use Recurring Payments, you must create or use an existing Paypal or Stripe account to manage payments, and by using Paypal or Stripe, you agree to their terms and policies. Please note that third-party services may also charge you fees to use or access their services, for example, as Stripe does for Recurring Payments. We are not involved in these relationships, but may facilitate communication in some cases. For example, we may, on your behalf, receive notices or forms relating to your Paypal or Stripe account.
 
  • You pay us a percentage (which may change without any notification) of the gross revenues you generate through GoingFlex platform. These revenue-based fees are ongoing. For example, for Recurring Payments, you pay us a percentage (which depends on your plan) of the revenue you generate through Recurring Payments; you authorize Stripe to direct payment of that percentage to us. Please note that we have no obligation to reimburse or refund these revenue-based fees when you as Service Provider/Professional/Flexer issue refunds to your Client/Customer.
 
  • Tax Calculations. You are responsible for payment of all applicable Taxes relating to your service activities and your use of GoingFlex platform. You as Service Provider/Professional/Flexer must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your Client/Customer about any Taxes they may be required to pay and issue appropriate invoices. While our goal is to keep our documents and tools up-to-date, tax laws change rapidly, and we do not guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge. If we are obligated to pay or collect Taxes on your service offering activities or your use of GoingFlex, you are responsible for such Taxes, and we may collect payment for such Taxes. In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your services. If any charges are assessed against us as a result of your use of the services, you will reimburse us for the full amount within 7 days.
 
  • You authorize us to charge you for the fees associated with each order you create. Each fee will be charged separately to the payment methods you have provided in your GoingFlex.com account, which you can view and manage in your profile and account settings.
 
  • Your Responsibilities. You are solely responsible for all of your offering activities, including managing jobs/projects as Client/Customer and managing skill offerings/services as Service Provider/Professional/Flexer, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:
 
    • You should use your best judgment when setting up your profile/job/project offerings as Client/Customer and profile/skill/qualification/service offerings as Service Provider/Professional/Flexer, operating your store, processing payments, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a Client/Customer, or you may want to publish payment and return policies.
 
    • You should use your best judgment when establishing and managing your profile/skill/qualification/service information as Service Provider/Professional/Flexer and profile/job/project/task information as Client/Customer, setting expectations appropriately, and fulfilling any commitments you’ve made. For example, if you’d like to promise your visitors or subscribers a new post each week, but aren’t sure if you’ll be able to post that frequently, you should make it clear that it’s a goal and not a guarantee.
 
    • We are not involved in your relationships or transactions with any Client/Customer or potential Client/Customer.
 
    • You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that Client/Customer/Employers may contact you with questions or complaints.
 
    • You are responsible for delivering services sold to your Client/Customer/Employers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale, payment, or website subscription.
 
 

Copyright Infringement and DMCA Policy

 

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a GoingFlex product or service violates your copyright, please notify us at [add email address]. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of GoingFlex or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

 

Intellectual Property

 

The Agreement does not transfer from GoingFlex to you any GoingFlex or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with GoingFlex. GoingFlex, GoingFlex.com, the GoingFlex logo, and all other trademarks, service marks, graphics, and logos used in connection with GoingFlex, GoingFlex.com or our Services, are trademarks or registered trademarks of GoingFlex or GoingFlex’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any GoingFlex or third-party trademarks.

 

Third-party Services

 

In using the Services, you may enable or use the services, products, software (like themes or plugins), embeds, or applications developed by a third-party or yourself (“Third-party Services”). If you use any Third-party Services, you understand that:

  • Third-party Services are not vetted, endorsed, or controlled by GoingFlex.
 
  • Any use of a Third-party Service is at your own risk, and we shall not be responsible or liable to anyone for Third-party Services.
 
  • Your use is solely between you and the respective third-party (“Third-party”) and will be governed by the Third-party’s terms and policies. It is your responsibility to review your company’s Third-party’s terms and policies before using a Third-party Service.
 
  • Some Third-party Services may request or require access to your (yours, your visitors’, or Client/Customers’) data, for example, via a pixel or cookie. If you use the Third-party Service or grant access, your data will be handled in accordance with the Third-party’s privacy policy and practices. We do not have control over how a Third-party Service may use your data. You should carefully review Third-party Services’ data collection, retention, and use policies and practices before enabling Third-party Services.
 
  • Third-party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third-party Services.
 
  • If you have questions or concerns about how a Third-party Service operates, or need support, please contact the Third-party directly. In rare cases, we may at our discretion, suspend, disable, or remove Third-party Services from your account or website.
 
  • If you have received services provided by a provider through GoingFlex as described in the service description, you are obligated to verify the completion of services in order to release payments to the provider. If you fail to verify the completion of services although services have been completed, GoingFlex will automatically mark the services as “completed” and release the payment by the 5th business day after the service was purchased.

 

Changes

 

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of GoingFlex, by the posting by GoingFlex of a revised version or by email or other communication method we have for you. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms.

 

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any service that, in our reasonable opinion, violates any GoingFlex policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage  burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your GoingFlex.com account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section and all other provisions in these Terms.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

 

Our Services are provided “as is.” GoingFlex and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither GoingFlex, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain service or services through, our Services at your own discretion and risk.

 

Jurisdiction and Applicable Law.

 

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Los Angeles County, California.

 

Arbitration Agreement

 

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

 

Limitation of Liability

 

In no event will GoingFlex, or its team, divisions, affiliated entities, suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to GoingFlex under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. GoingFlex shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

Indemnification

 

You agree to indemnify and hold harmless GoingFlex, its team, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, third-party services/jobs and other information that you post, and any ecommerce activities conducted through your or another user’s website.

US Economic Sanctions

 

You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.

 

Translation

 

These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

 

Miscellaneous

 

The Agreement constitutes the entire agreement between GoingFlex and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; GoingFlex may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

 

Latest updated on: 10/8/ 2020

 

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