Flex Your No - Terms & Conditions

Last modified: 2022

Agreement between User and www.flexyourno.com

Welcome to www.flexyourno.com. The www.flexyourno.com website (the "Site") is comprised of various web pages operated by Flex Your No. www.flexyourno.com is an E-Commerce Site. Flex Your No will sell online educational courses in the women empowerment space. www.flexyourno.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.flexyourno.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Binding Effect

By using this site, you agree, without limitation or qualification, to be bound by these Terms & Conditions, to which we reserve the right to make changes from time to time, consistent with applicable law. If you do not agree to these Terms & Conditions, do not use this site. 

The dispute resolution section of these Terms & Conditions contain a binding Arbitration Agreement and Class Action waiver that waives your right to a court hearing and jury trial.

Modification to these Terms and Conditions

We will post a notification on this Site in the event of any material changes to these Terms and Conditions. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Please check these Terms and Conditions periodically for changes. Your continued use of this Site following our posting of any changes to these Terms and Conditions means that you accept those changes.

Privacy

Your use of www.flexyourno.com is subject to Flex Your No's Privacy Policy. Please review our Privacy Policy [this will be linked], which also governs the Site and informs users of our data collection practices. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of this Site.

Electronic Communications

Visiting www.flexyourno.com or sending emails to Flex Your No constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Flex Your No is not responsible for third party access to your account that results from theft or misappropriation of your account. Flex Your No and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Flex Your No does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.flexyourno.com only with permission of a parent or guardian.

Age Requirements for Use of this Site

Individuals under the age of majority in their state of residence are not eligible to use this Site and may not submit any personal information to us. By using this Site, you hereby represent that you are at least the age of majority in your state of residence.

Links to Third Party Sites/Third Party Services

www.flexyourno.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Flex Your No and Flex Your No is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Flex Your No is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Flex Your No of the site or any association with its operators.

Certain services made available via www.flexyourno.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.flexyourno.com domain, you hereby acknowledge and consent that Flex Your No may share such information and data with any third party with whom Flex Your No has a contractual relationship to provide the requested product, service or functionality on behalf of www.flexyourno.com users and customers. 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.flexyourno.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Flex Your No that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Flex Your No or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Flex Your No content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Flex Your No and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Flex Your No or our licensors except as expressly authorized by these Terms.

Restrictions on Use

You may browse this Site and all associated content solely for your personal use and enjoyment. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

Accuracy of Information as Condition to Site Access

To access parts of this Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete.

Restricted Transmission

You agree not to use any device, software, or routine to interfere with the proper functioning of the Site. In using the Site, you may not:

• Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;

• Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;

• Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder;

• Transmit any information, software, or other material that contains a virus or other harmful component;

• Use any software, tool, data, device, or other mechanism to navigate or search the Site, other than generally available browsers or the search engine provided by Company;

• Frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or

• Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.

Other Restrictions

Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:

• Accessing content or data not intended for you or logging onto a server that you are not authorized to access;

• Attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;

• Interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”

• Using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

• Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or

• Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.

Any violation of system or network security may subject you to civil and/or criminal liability.

Copyrights, Trademarks, and Other Proprietary Rights

When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us.

All content on this Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, sound, or any other digital media is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content.

All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on this Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on this Site or these Terms and Conditions serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.

You may print or have printed by any third party any downloadable material contained on this Site provided that: (a) the material is solely for non-commercial and personal use; (b) no copyright, author attribution, trademark, legend, or other proprietary notice is removed from the material; and (c) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display, or in any way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.

Monitoring; Copyright Complaints

You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on this Site. Notwithstanding this right, we do not and cannot review all materials submitted to this Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

Feedback & User Content

Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site or us that you provide to us (but excluding your PII (as defined below) (collectively, “Feedback”) is deemed to be our proprietary information. We may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site, and we shall own all rights, title and interest in and to the Feedback and such improvements and modifications.

This Site may contain message boards, profiles, and other interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in these Terms and Conditions. By providing any User Content on this Site, you hereby grant to us and our affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates, and each of their respective licensees, successors, and assigns.

The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name and e-mail address (collectively, “PII”) that you may provide to us, and which is subject to the privacy standards set forth in our Privacy Policy. To access parts of this Site or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of this Site that all the information you provide on this Site, including, but not limited to, PII, is correct, current and complete.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Flex Your No has no obligation to monitor the Communication Services. However, Flex Your No reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Flex Your No reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Flex Your No reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Flex Your No's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Flex Your No does not control or endorse the content, messages or information found in any Communication Service and, therefore, Flex Your No specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Flex Your No spokespersons, and their views do not necessarily reflect those of Flex Your No.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.flexyourno.com or Posted on Any Flex Your No Web Page

Flex Your No does not claim ownership of the materials you provide to www.flexyourno.com (including feedback and suggestions) or post, upload, input or submit to any Flex Your No Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Flex Your No, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Flex Your No is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Flex Your No's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Flex Your No account to third party accounts. By connecting your Flex Your No account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

Third Party Links and Retailers

We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the contents of or any products or services offered in such Third-Party Sites. Access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products, or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers. Likewise, we are not the seller of products purchased from such retailers and are in no way responsible for shipping their products (“Third Party Products”). Complaints, claims, concerns, or questions regarding Third Party Products should be directed to the third party.

While we may provide links and locations of participating retailers and vendors who sell products on-line, we cannot control the completion or validity of the transactions of such retailers and vendors or the content of their Third-Party Sites. These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk. However, we seek to protect the integrity of this Site and the links placed upon it. We therefore welcome any feedback on not only our own Site, but also Third-Party Sites and retailers we link to and/or identify on our Site (e.g., if a specific link does not work).

International Users

The Service is controlled, operated and administered by Flex Your No from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Flex Your No Content accessed through www.flexyourno.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Site Updates

We will not be liable if, for any reason, all or part of this Site is ever unavailable. From time to time, we may restrict access to all or some of this Site. We undertake no obligation to update, amend, or clarify information on this Site, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.

On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Site is inaccurate.

Jurisdiction

This Site's content is intended to comply with U.S. state and federal laws and regulations.

Disclaimer

This site and the information, graphics, and materials in this site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, (1) warranties of merchantability, (2) warranties of fitness for a particular purpose, and (3) warranties against infringement of intellectual property rights of a third party. We do not warrant that the functions contained in this site, including, but not limited to, this site’s information, graphics, and/or other materials will be available, uninterrupted, or error-free; that defects will be corrected; or that this site, including, but not limited to, the hardware and infrastructure that make it available, is free from viruses or other harmful components. We do not warrant or make any representations regarding the use of the materials in this site or third-party sites in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Note that some jurisdictions, such as the state law of New Jersey, do not allow limitations on the length of an implied warranty, so the above limitations or exclusions may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Flex Your No, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers, and suppliers (collectively, the “Service Providers”) from and against all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages, and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Site using your Internet account. Flex Your No reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.

Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear his, her or its own costs and legal fees, costs, and expenses. The arbitration shall be completed within 120 days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

Final Arbitration

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Flex Your No agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. changes are periodically added to the information herein. Flex Your No and/or its suppliers may make improvements and/or changes in the site at any time.

Flex Your No and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Flex Your No and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall flex your no and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if flex your no or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, we and our licensors, service providers, content providers, members, employees, agents, officers, directors, and managers shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages that result from the use of, or the inability to use, the materials on this site, even if we (or our authorized representative(s)) have been advised of the possibility of such damages.

In no event shall the collective liability of us and our licensors, service providers, content providers, members, employees, agents, officers, directors, and managers to or through you for all damages, losses, and causes of action whether in contract or tort exceed $100.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our damages and the damages of our affiliates, agents, licensors, and suppliers in such jurisdictions shall be limited to the extent permitted by law.

Termination/Access Restriction

Flex Your No reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Flex Your No as a result of this agreement or use of the Site. Flex Your No's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Flex Your No's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Flex Your No with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Flex Your No with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Flex Your No with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

Notices

We may send you responses or notices by e-mail, posting to this Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Changes to Terms

Flex Your No reserves the right, in its sole discretion, to change the Terms under which www.flexyourno.com is offered. The most current version of the Terms will supersede all previous versions. Flex Your No encourages you to periodically review the Terms to stay informed of our updates.

Dispute Resolution

Governing Law

These Terms and Conditions and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of New Jersey, U.S.A., without giving effect to any principles of any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the laws of any jurisdiction other than those of the State of California to apply.

Jurisdiction

This Site, this Site’s content, and incentives are intended to comply with U.S. state and federal laws and regulations. If you are a non-U.S.-based user, be advised that other countries may have laws, regulatory requirements that are different from those in the U.S.

Timing of Claims

Any cause of action or claim you may have with respect to this Site must be commenced within 1 year after the claim or cause of action arises.

Miscellaneous

Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions. If any provision of these Terms and Conditions shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Some people who endorse our content may receive consideration for their endorsement.

Questions

If you have any questions or comments regarding these Terms and Conditions, our Privacy Policy, or this Site, please feel free to contact us by e-mail at hello@flexyourno.com.