Flowvance Website Terms of Use

By using this website, ( ) (the “Site”), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these terms of use shall constitute a binding and enforceable contract between you and PC Dreamscape Opco, Inc. (dba Flowvance) and its affiliated companies (“Flowvance”, “We”, “Us”, or “Our”). These Terms of Use set forth the terms and conditions under which you may access and use the Site. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you may not use this Site.

Modifications

Flowvance may, in its sole discretion and at any time, modify these Terms of Use, in whole or in part, by posting a modified Terms of Use on the Site. Your continued use of the Site following the posting of changes will operate as an acknowledgement of your acceptance of the then current Terms of Use. We recommend that you re-visit the Site on occasion to learn of revised terms or policies. The Terms of Use will include the date Flowvance last updated the Terms of Use.

Use Of The Site

The information contained in this Site is for general information purposes only. Without limiting the foregoing, as a condition of your right to access the Site under these Terms of Use, you acknowledge and agree that you shall not directly or indirectly:

• · use the Site for any commercial purpose or the benefit of any third party;
• · frame or hyperlink the Site or any portion thereof;
• · remove any proprietary notices from the Site or any copy thereof;
• attempt to decompile, reverse engineer or hack the Site or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by Flowvance with respect to the Site and/or data transmitted, processed or stored by Flowvance;
• use the Site for any illegal or fraudulent purpose;
• use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
• use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
• use any device, software or routine that interferes with the proper working of the Site;
• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
• or otherwise attempt to interfere with the proper working of the Site.

Ownership

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, "Marks") found on the Site and any and all information and content available through the Site, such as for example graphics, logos, articles and other materials (collectively, “Content”) are proprietary to Flowvance or its licensors and are protected by intellectual property rights and unfair competition and other laws. The Marks may be registered or unregistered trademarks of Flowvance or others. You may not use any Mark or Content without the express prior written permission of the owner (whether Flowvance or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license, permission or right to use any Mark or Content. Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law.

Risks you assume

While we make reasonable efforts to provide accurate information, we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. To the extent permitted by applicable law, you agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site.

Third-Party Links

The Site may contain hyperlinks (“Links”) to other websites, or advertising or sponsorships operated by or referring to third parties and their goods and services (“Advertising”). Links and Advertising may be made available to assist you, the user. Flowvance does not control such Links or Advertising. Flowvance MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD-PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD-PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. Inclusion of such Links or Advertising does not imply any endorsement by Flowvance, including but not limited to opinions, statements, information, individuals or entities referred to on such Links or Advertising or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators or advertisers. Linked sites or other websites may also have a Link to this Site; Flowvance is not, and you agree that Flowvance is not, responsible for the content of any such website or the actions of any operator of any such website.

Limitation of Liability

To the extent permitted under applicable laws, Flowvance is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or the Content, including any decision made or action taken based on the Content or any feature of the Site or (2) your breach of any provision of these Terms of Use.Neither Flowvance nor any of Flowvance, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives will be liable for any damages or losses (including direct, indirect, incidental, consequential, special, punitive, or exemplary damages, lost revenues, lost profits, loss of business, loss of data or any other damages or losses) arising out of or in connection with these Terms of Use or your use of any service or Content, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory, even if advised of the possibility of the damages or if the damages could have been foreseen.

Indemnity

Except to the extent permitted under applicable law, you agree that you will be solely responsible for, and that you will defend, indemnify and hold Flowvance, its subsidiaries and other affiliates and each of their respective officers, managers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of these Terms of Use. Flowvance reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Flowvance for all liabilities, losses, or damages. You agree to provide Flowvance with whatever cooperation it reasonably requests.

Disclaimer of Warranties

The Site is provided on an “as is” and “as available” basis. Flowvance expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Flowvance makes no warranty that (i) the Site will be uninterrupted, timely, secure, or free from viruses or malicious code; or (ii) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations. Any material downloaded from or otherwise obtained through the Site is at your own risk. You will be solely responsible for any damage to your computer system or loss of data resulting from such download or use.

Privacy

Your privacy is very important to us at Flowvance. To better protect your rights we have provided the Flowvance Privacy Policy [MN1] to explain our privacy practices in detail.

Warning Against Hackers

It is possible that other users or unauthorized “hackers” may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such materials. It may also be possible for other users or “hackers” to obtain personal information about you. By using the Site, you assume the risk of such occurrences.

Miscellaneous Terms

Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Flowvance at any time or times to require the performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms of Use against or relating to Flowvance or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in New York and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement or any contemporaneous oral agreement. Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word "including" means "including without limitation."

Contacting Flowvance

If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please email [email protected]