FLATIRONS SOLUTIONS, INC.

Terms of Service

 

These Terms of Service are entered into by and between You (“You” or “Visitor”) and Flatirons Solutions, Inc., a Delaware corporation (the "Company," "we," or "us"), and contain the following terms and conditions (the “Terms” or "Terms of Service") that govern your access to and use of flatironssolutions.com (the "Website") and any content, functionality, and services offered on or through the Website.

Please read these Terms of Service carefully. These Terms of Service contain important information regarding your legal rights, remedies, and obligations and, together with all schedules, addenda, exhibits, documents, and policies referenced or incorporated herein constitutes a legally binding agreement between You and the Company (each a “Party” and collectively the “Parties”) (this “Agreement”). If You are entering into this Agreement on behalf of an entity, You represent and warrant that you have the legal authority to bind that entity as a Party to this Agreement. By using the Website, you accept and agree to be bound and abide by these Terms of Service effective immediately upon commencement of your use of the Website. If you do not want to agree to these Terms of Service, you must not use the Website.

This Website is intended for users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company.

Changes to the Terms of Service

We may revise, update, add to, and delete from these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, a change of any particular provision of these Terms of Service does not affect the other and unchanged provisions.

Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

These Terms of Service also incorporate the Company’s privacy policy, which You can access here https://www.flatironssolutions.com/privacy-policy/ (the “Privacy Policy”). The Website and all applications and software herein are owned and operated by the Company or its successor entities, if any.

  1. License and Restrictions.
    1. Accounts and Access. To use the Website, You may be required to create an account. We maintain different types of accounts with different features for different types of visitors to our Website (“Visitors”). If You connect to the Website through a third-party service (such as social media sites), you grant the Company permission to access and use the Your information from that service. The Company reserves the right to accept or reject or restrict any Visitor in its sole discretion.
    2. Account Information and Management. To open an Account, you must maintain complete and accurate information that you supply, which typically includes your name, email address, phone number, and related information. Visitors are solely responsible for their information. We reserve the right to remove or reclaim any usernames at any time and for any reason.
    3. Privacy Policy. Information and data that a Visitor uploads to the Website or makes available to the Company will be held and used in accordance with the Privacy Policy. By using the Website, You agree that you have read and understand the Privacy Policy and that you consent to the collection, use and disclosure of your Visitor Data (defined below), in accordance with our Privacy Policy. By using the Website, you also authorize us to collect Website use information in an aggregated and anonymized manner, to compile statistical and performance information related to the operation of the Website.
  2. Use of the Website.
    1. License Grant for the Program. The Company grants each Visitor a non-exclusive, non-transferable, revocable, limited license (the “License”) solely for the period the Visitor’s right to use the Website is active, to access and use the Website strictly in accordance with this Agreement. If you download, store, display on your computer, view, listen to, play or print materials and content that we make available on our Website (“Website Content”), that Website Content (a) may be used solely for your personal, informational, noncommercial purposes; (b) may not be modified or altered in any way; and (c) may not be redistributed. Use of the Website other than as specifically authorized is strictly prohibited and could terminate the License. Each Visitor is responsible for its authorized users’ compliance with this Agreement.
    2. Restrictions. In using the Website, Visitors may not:
      1. copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise transfer any Website Content;
      2. create compilations or derivative works of any Website Content or data, software, network structure or other component of the Website;
      3. use Website Content in any manner that may infringe any Intellectual Property Right (defined below), or proprietary property, or privacy right of the Company, any other Visitor or third party;
      4. remove, change, or obscure any copyright or other proprietary notice;
      5. make any portion of the Website or any Website Content available through any timesharing system, service bureau, or similar technology;
      6. remove, decompile, disassemble, reverse engineer, or attempt to discover source code for any software;
      7. use the Website for advertising or solicitation or transmitting unsolicited commercial email, spam, chain letters, junk e-mail, invalid domain names, deceptive addresses; or unsolicited telephone calls or facsimile transmissions;
      8. use the Website in a manner that violates any law, rule, regulation or order of any court or other governmental authority (collectively, “Laws”);
      9. circumvent, disable, damage, or interfere with security-related features;
      10. institute, assist, or transmit any virus, worm, malware, spyware, or similar attack;
      11. attempt to gain unauthorized access to the Website, other Visitors’ accounts, or access other Visitors’ data;
      12. post or transmit content to the Website that is (a) abusive, threatening, obscene, bullying, demeaning, defamatory, libelous, racially, sexually, or religiously objectionable, (b) contains nudity, excessive violence, or offensive subject matter, (c) is likely to harass, abuse, or harm another person; (d) may create harm, loss, or physical or mental injury to a person, animal, or property; or (e) unlawful, tortious, invasive of privacy rights, or violates third-party intellectual property rights;
      13. attempt to solicit personal information from other Visitors or collect, harvest or post anyone's private information, identification documents, or financial information;
      14. Exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
      15. attempt to impersonate a Company employee or another Visitor;
      16. engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability; or
      17. act as a white label marketer, reseller, or distributor by packaging and reselling or offering the Company’s products or services or a derivative product or service to third parties except with the prior written consent of the Company in its sole discretion.
    3. Visitor Data. Visitor is solely responsible for all data, graphics, images, files, information, text, and other content and materials that are collected, uploaded, posted, delivered, provided, broadcast, or otherwise transmitted or stored by Visitor on the Website (collectively, “Visitor Data”), and represents and warrants that it has all rights necessary to grant, use, publish, disclose and share Visitor Data with the Company, without violation of any third party rights, including without limitation, privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. Visitor shall be solely responsible for making any required notices (including without limitation any privacy notices required by applicable law or regulation) and for obtaining any required consents sufficient to authorize the Company’s performance of its obligations and exercise of its rights under this Agreement and the Privacy Policy.
    4. Personal Data. Visitor agrees to not upload, provide, transmit, or otherwise share any information that alone or with other information can be used to identify a natural person, directly or indirectly, such as by an identification number (e.g., social security number) or one or more factors specific to your identity (e.g., name, date of birth, biometric data, fingerprints, DNA, etc.) (“Personal Data”), except as may be necessary as part of interacting with the Company or its products or services, and, in that case, the Visitor is solely responsible to determine and oversee how that Personal Data is used and processed. Visitor shall indemnify and hold harmless the Company for all costs, expenses, fees, legal expenses, and/or attorney fees incurred because of Visitor’s sharing, uploading, providing, or using Personal Data in violation of this Agreement. To the extent that Visitor obtains or comes into contact with any Personal Data provided by or on behalf of a Visitor in connection with the Company’s products or services, the Company shall not determine the uses or purposes of processing the Personal Data, and the Company’s role shall be solely as a “Service Provider” and not as a “Business” (as such terms are defined in the California Consumer Protection Act (CCPA)).
    5. Third Party Advertising. The Website may feature advertisements from the Company or third parties, in accordance with our Privacy Policy. We may provide links on the Website to third party websites or vendors who may invite you to participate in promotional offers. Any charges or obligations that Visitor incurs in connection with these third parties are Visitor’s sole responsibility. The Company makes no representation or warranty regarding any content, goods and/or services provided by any third party and the Company will not be liable for any claim relating to any third-party content, goods and/or services. Linked sites are not under the Company’s control and may collect data or solicit personal information from you. The Company is not responsible for their content, business practices or for their collection, use or disclosure of information. Visitor may access third-party websites or content at their own risk and understands that this Agreement and the Privacy Policy do not apply to such sites or services. Visitor expressly releases the Company from any liability arising from use of any third-party website, service, or content and any resulting harm, loss, or damage. If the Company utilizes third-party software or strategic agreements to provide services or content to you, we reserve the right to share certain information about you for specific purposes, in accordance with our Privacy Policy.
  3. Term and Termination.
    1. Term. This Agreement shall commence as of the date the Visitor first accesses the Website and shall continue thereafter each time the Visitor accesses the Website (the "Term”).
    2. The Company’s Termination. The Company may terminate this Agreement effective upon written notice to Visitor within 5 days after written notification of any of the following from the Company.
    3. Visitor violates this Agreement, and the violation cannot be cured, or if it can be cured, is not satisfactorily cured within 10 days after the Company sends written notice of the violation to Visitor;
    4. Any representation or warranty made by Visitor was false or misleading when made or became false or misleading and was not promptly corrected;
    5. The Company determines that continuation of Visitor’s access to the Website presents a danger, threat, or harassment to the Company, any other Visitor, any other third party;
    6. The Website is inactivated, which the Company may do in its sole discretion; or
    7. The Company has a reasonable basis to believe that Visitor has: (1) misappropriated, misused, or disclosed the Company’s or any third party’s trade secrets, confidential or proprietary information, or intellectual property; (2) illegally or improperly used the Website, creating risk of possible legal liabilities; (3) been convicted of a felony or crime of moral turpitude, or been found liable in a court of law for fraud; or (4) not reasonably followed the Company’s instructions or cooperated with the Company, has persistently interfered with Company operations, or has habitually treated Company staff disrespectfully.
  4. Representations and Warranties.
    1. The Website Content and related services are provided “As Is” and on an "As Available" basis. Use of the Website is at the Visitor’s own risk. Any content downloaded from the Website is at Visitor’s own risk and the Visitor will be solely responsible for any damage to Visitor’s computer system or mobile devices or loss of data that results from such download.
    2. The Company makes no representation or warranty regarding and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies in content; (ii) personal injury or property damage, of any nature whatsoever, resulting from Visitor access to or use of the Website; (iii) any unauthorized access to or use of Company servers; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on the Website.
    3. Except as expressly provided in the Privacy Policy, the Company is not liable for the collection, use, processing, security, privacy, or disclosure of Visitor content, data breaches, or any loss, misuse, or misappropriation of data.
    4. You agree that temporary interruptions of the Website may occur as normal events. We have no control over third party networks You may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are beyond our control.
    5. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 4 AND ON THE WEBSITE, IF ANY, THE WEBSITE AND SERVICES ARE PROVIDED WITHOUT, AND THE COMPANY HEREBY DISCLAIMS ALL, WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY, GUARANTEE, OR REPRESENTATION ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, TRADE USAGE OR PRACTICE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PRODUCTS AND SERVICES WE OFFER WILL MEET YOUR REQUIREMENTS, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PRODUCTS, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
  5. Limitation of Liability.
    1. EXCEPT AS OTHERWISE PROVIDED IN SECTION 5(c), IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, DATA, COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. EXCEPT AS OTHERWISE PROVIDED IN SECTION 5(c), IN NO EVENT WILL THE COMPANY'S LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $5,000 IN THE AGGREGATE.
    3. The exclusions and limitations in Section 5(a) and Section 5(b) shall not apply to Visitor's obligation to pay Fees, breach of confidentiality obligations, or for indemnification obligations under Section 9 or attorneys' fees and court costs in accordance with Section 12(h).
  6. Force Majeure.
    1. The Company shall not be liable or responsible to Visitor, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond the Company’s reasonable control, including without limitation the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake, pandemic or epidemic, (and business interruption and supply and distribution disruptions resulting from public health and safety directives); (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, explosions, or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) typhoons, inclement weather, hurricanes, and other natural events; or (g) other events beyond the reasonable control of the Company.
    2. The Company shall use diligent efforts to minimize the effects of Force Majeure and shall resume performance of its obligations as soon as reasonably practicable thereafter.
  7. Intellectual Property Rights.
    1. The Website, its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all underlying technology, hardware, analytics, architecture, methods, discoveries, inventions, modifications, derivatives, and materials that comprise any portion of the Website or technology that creates the Content are owned by or licensed to the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This Agreement shall not be interpreted to grant to Visitor or create any manner of property right, assignment, or license of the Company property (including intellectual property) to Visitor.
      1. Reservation of Rights. All rights not expressly granted to Visitor pursuant to this Section 7 are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
      2. Copyright Notices; Complaints. Our policy is to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). If a Visitor believes its copyright, trademark or other property rights have been infringed by a posting on this Website, the Visitor should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
        1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
        2. Identification of the copyrighted work claimed to have been infringed;
        3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address;
        4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
        5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
        6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

    Our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below.

    Designated Agent for Claimed Infringement:
    Flatirons Solutions, Inc.
    c/o Steve Cameron
    ATTN: COPYRIGHT AGENT
    5755 Central Avenue, Suite A
    Boulder, Colorado 80301
    Telephone +1 303 627 6545
    Email: [email protected]

    You agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. We reserve the right to terminate without notice any Visitor’s access to the Website if we determine that Visitor is a “repeat infringer.” In addition, we do not interfere with standard technical measures used by copyright owners to protect their materials.

  8. Trademarks. The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
  9. INDEMNIFICATION. VISITORS AGREE TO DEFEND, INDEMNIFY, SAVE, AND HOLD THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, ACCOUNTANTS, AND OTHER AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH A VISITOR’S: (A) VIOLATION OF THIS AGREEMENT, (B) REPRESENTATIONS, WARRANTIES AND COVENANTS; OR (C) VIOLATION OF APPLICABLE LAW OR THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS, OR PRIVACY RIGHTS. THE COMPANY RESERVES THE RIGHT, AT VISITOR’S EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH VISITORS ARE REQUIRED TO INDEMNIFY THE COMPANY, AND VISITORS AGREE TO COOPERATE WITH THE COMPANY’S DEFENSE OF THOSE CLAIMS. THE FOREGOING INDEMNIFICATION OBLIGATIONS SHALL NOT APPLY TO CLAIMS TO THE EXTENT THEY RESULT FROM THE COMPANY’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
  10. Confidentiality/Non-Disclosure.
    1. Confidential Information. Each Party may disclose Confidential Information to the other Party. "Confidential Information" means (i) all information to which a Party (as the "Recipient") is granted access to or receives from the other Party (the "Discloser"), including, but not limited to, (i) trade secrets, inventions, ideas, processes, software, data, programs, works of authorship, know-how, improvements, discoveries, designs, and techniques; (ii) information regarding the Company structure, policies, products, plans, budgets, financial statements, contracts, prices; and (iii) information regarding the Discloser's employees, contractors, suppliers, and Visitors and other agents that is marked or otherwise identified as confidential at the time of disclosure or that would reasonably be understood to be confidential given the nature of the information and the context of the disclosure. The Discloser’s Intellectual Property Rights are also considered that Party’s Confidential Information.
    2. Use Restrictions. Recipient shall not disclose to third parties or use the Discloser's Confidential Information except as provided or authorized by this Agreement or the Privacy Policy. Recipient shall use the same degree of care that it uses to protect its own Confidential Information (but not less than reasonable care). Recipient will limit access to the Discloser's Confidential Information to those employees, agents, and approved subcontractors who have a need to know such information and are under confidentiality obligations substantially similar to the confidentiality obligations in this Section.
    3. Exceptions. The foregoing confidentiality obligations shall not apply to information that: (x) is already in Recipient's possession at the time of disclosure; (y) is or becomes part of the public domain through no fault of the Recipient, or (z) is lawfully received by Recipient from a third party having no obligations of confidentiality to the Discloser. Recipient may also disclose Confidential Information to comply with government regulations or lawful court order or judicial or arbitration process, provided that Recipient provides advance written notice thereof to Discloser and cooperates with Discloser's efforts to obtain protective treatment.
    4. Remedies. Unauthorized disclosure or use of Confidential Information may give rise to irreparable injury, which may not be adequately compensated by damages. In the event of a breach or threatened breach of this Section 10, significant harm may result to the Company for which there may be no adequate remedy at law, and the Company shall be entitled to seek a preliminary injunction and a temporary restraining order, or other equitable relief as necessary to protect its interests without posting a bond or other security and without any requirement to prove damages. Such remedy shall be in addition to, and not a limitation upon any other remedy which may be available under contract, at law or in equity, including damages.
  11. Export Restrictions/Legal Compliance. You may not access, download, use or export Website Content in violation of U.S. export laws or regulations, and shall comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and shall not directly or indirectly provide or otherwise make available any services or products of the Company or Website Content in violation of any such restrictions, laws or regulations. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your use of the Company’s products or services outside the U.S. Neither the services or products of the Company nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country, person, entity, or organization subject to U.S. trade sanctions. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any list of embargoed or sanctioned countries, persons, entities, or organizations.
  12. Miscellaneous.
    1. The relationship between the Parties is that of independent contractors. Nothing in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.
    2. This Agreement is for the sole benefit of the Parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of this Agreement.
    3. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
    4. No waiver by any Party of any provision of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. No waiver, act, or omission by the Company with respect to any Visitor will be deemed or implied to be a modification of this Agreement or the agreement with any other Visitor or create a right in any other Visitor to demand the same waiver, act or omissions from the Company.
    5. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
    6. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of Colorado. Any legal suit, action, or proceeding arising out of or related to this Agreement that is not subject to arbitration as provided below, shall be instituted exclusively in the courts of the State of Colorado, seated in the County of Boulder, and each Party irrevocably and unconditionally waives any right it may have to a trial by jury for legal action arising out of or relating to this Agreement.
    7. Arbitration. Any disputes, actions, claims or causes of action relating to or in connection with this Agreement, regardless of the legal theory, whether in contract, tort, strict liability, or otherwise, shall be finally resolved by binding arbitration. The arbitration tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. You and we agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 12(g), and not litigate any dispute in court. If you or we file an action in a court or tribunal other than arbitration, the party filing such action will cause it to be dismissed immediately. You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to us within 15 days of your execution (or other acceptance) of this agreement. The arbitration shall take place in the Boulder, Colorado.
      1. Class Action Waiver. Arbitration must be on an individual basis. No Party may join or consolidate claims in arbitration by or against other claimants or arbitrate any claims as a representative or member of a class.
      2. Rules and Procedures. The arbitrability of Claims and these arbitration terms are governed by the Federal Arbitration Act (FAA). Arbitration must proceed with either the American Arbitration Association or with Judicial Arbitration and Mediation Services, Inc (JAMS), utilizing the AAA Commercial Arbitration Rules. The proceedings shall take place before a single arbitrator selected by the Parties, but if the Parties cannot agree, then the arbitration forum will select a single arbitrator. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a Party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the Parties for purposes of enforcement. All proceedings in the arbitration and all materials, evidence and other information disclosed or used in the arbitration shall be held strictly confidential. The fees of the arbitrator shall be borne equally by the Parties. Evidentiary rules of the arbitration tribunal shall govern issues or questions relating to evidence in the arbitration proceeding. Discovery shall be limited to a degree and amount that is consistent with the nature of the case and the value of the Claims at issue.
    8. Notices. We may notify you via postings on the Website and via e-mail or any other communications means through contact information you provide to us. We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. When we change this Agreement in a material manner, we will update the 'last modified' date at the bottom of this page. All notices given by you or required from you under this Agreement or the Privacy Policy shall be in writing and addressed to the address in this Section 14.

      Flatirons Solutions, Inc.
      5755 Central Avenue, Suite A
      Boulder, Colorado 80301

    9. Assignment. Visitors may not assign their rights or obligations under this Agreement without the Company’s prior written consent, and any unauthorized assignment or delegation is void. The Company may assign or delegate this Agreement to any person or entity at any time without Visitor’s consent.
    10. ENTIRE AGREEMENT. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT AMONG THE PARTIES AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS, PROPOSALS, CONTRACTS, REPRESENTATIONS, AND UNDERSTANDINGS, WRITTEN OR ORAL, CONCERNING ITS SUBJECT MATTER, WHETHER ELECTRONIC, ORAL OR WRITTEN, OR WHETHER ESTABLISHED BY CUSTOM, PRACTICE, POLICY OR PRECEDENT. NO STATEMENTS, REPRESENTATIONS, WARRANTIES, PROMISES, OR UNDERSTANDINGS, EXPRESSS, OR IMPLIED, SHALL BE DEEMED TO HAVE BEEN MADE BY ANY PARTY, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TERMS OR SOWS. EACH PARTY AGREES THAT IT HAS NOT RELIED UPON, AND WILL NOT RELY UPON ANY STATEMENT, REPRESENTATIONS WARRANTY, PROMISE, OR UNDERSTANDING NOT SPECIFICALLY SET FORTH IN THIS AGREEEMENT; ANY SUCH RELIANCE IS HEREBY EXPRESSLY DISCLAIMED.
    11. Severability. If any portion of this Agreement is found illegal or unenforceable, by any court of competent jurisdiction, such portion shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability in any other jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect.
    12. International Use. Although the Website may be accessible worldwide, we make no representation that Website Content is or will be appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Visitors who access the Website from other locations, do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Website is void where prohibited.

Your Comments and Concerns

This website is operated by Flatirons Solutions, Inc.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]

This Agreement was last modified on June 3, 2022.