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Terms of Services

Overview

THEFLUXION operates the Website located at THEFLUXION.com (the “Website”). Throughout these Terms (as defined below), the terms “we,” “us,” and “our” refer to THEFLUXION. THEFLUXION offers this Website, including all the text, data, software, information, graphics, tools, photographs, and more (“Materials”) as well as making available goods for purchase (“Products”) and all other services available from this Website to you, the user (collectively, the “Services”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our Website and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced and incorporated herein and/ or available by hyperlink. These Terms of Service apply to all users of the Website.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/ or changes to our Website. It is your responsibility to check this page periodically for changes. If you object to any such modifications, your sole recourse shall be to cease using this Website. Your continued use or access to the Website following the posting of any changes constitutes acceptance of those changes.

General Terms

By using this Website, you represent that you are at least 13 years of age. Suppose you are not yet the age of majority in your jurisdiction of residence. In that case, you must have the permission of an adult to use this Website, which the adult must be a parent or legal guardian who is willing to be responsible for your use of this Website.

We invite You to use this Website for individual, consumer purposes (“Permitted Purposes”).

In these Terms, we are granting you a limited, personal, non-exclusive, and non-transferable license to use and display the Materials; Your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in this Website or any Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If You make copies of any of these Websites while engaging in Permitted Purposes, we ask that you keep on the copies all our copyright and other proprietary notices as they appear on this Website.

· Accuracy Completeness, and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

· Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve rights to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.

· Products or Services (if applicable)

Certain products or services may be available exclusively online through the Website. According to our Return Policy, these products or services may have limited quantities and are subject to return or exchange only.

We made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the rights but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction.

We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, and/or we will correct service errors according to your expectations.

· Accuracy of Billing and Account Information

We may limit or cancel quantities purchased per person, household, or order at our sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/ or orders that use the same billing and/ or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email and/ or billing address/phone number provided when you made your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We reserve the right to refuse any order you place with us.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration date, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return and refund Policy.

· Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the Site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/ or features through the Website (including the release of new tools and resources). Such new features and/ or services shall also be subject to these Terms of Service.

· Third-party Links and Payment Methods

Certain content, products, and services available via our service may include materials from third-party (including Payment Methods).

Third-party (including Payment Methods) links on this Site may direct you to third-party Websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party (including Payment Methods) materials or Websites or other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please carefully review the third-party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

· Proprietary Rights

THEFLUXION is our trademark in the United States and other countries. Other trademarks, names, and logos on this Website are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Website, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of THEFLUXION, Copyright © 2023. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

· Submissions

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, and other content or material that you submit, upload, post, or otherwise make available on or through the Website (each a “Submission”) and the Services available in connection with this Website. You may not upload, post, or otherwise make available on this Website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right owned by a third party. The burden of determining whether any such right protects any material is solely on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy, publicity rights, or any other harm resulting from any Submission that you make. You have complete responsibility for each submission you make, including its legality, reliability, and appropriateness.

Unless otherwise explicitly stated herein or in our Privacy Policy, you agree that any submission provided by you in connection with this Website is provided on a non-proprietary and non-confidential basis. You now grant to us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. You now waive all your moral rights in your Submissions. ‎We may modify or adapt your submissions to transmit, display or distribute them over computer networks and in various media and/ or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services, or media. We agree to use any personally identifiable information contained in any of your submissions following our Privacy Policy.

You agree to pay for all royalties, fees, damages, and any other monies owing to any person because of any Submissions posted by you to or through this Website.

You agree that those submissions shall not violate the “Unauthorized Activities” paragraph below when you provide submissions. Those prohibitions do not require us to monitor, police, or remove any Submissions or other information submitted by you or any other user.

· Privacy Policy

Your submission of information through the Website is governed by our Privacy Policy, which explains how we collect, use and disclose personal information. You consent to the collections, uses, and disclosures of your personal information for the ‎purposes described in our Privacy Policy.

· Unauthorized Activities

When using this Website and/ or the Services, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (such as rights of privacy and publicity).
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes, or any other form of such solicitation.
  • Use any robot, spider, scraper, or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site.
  • Post anything contrary to our public image, goodwill, or reputation.

This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to (a) terminate access to your account, your ability to post to this Website (or use the Services), and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Website or any other user of this Website and/ or Services. We may report to law enforcement authorities any actions that may be illegal and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or the Internet.

The unauthorized use of any Materials contained on this Website may violate specific laws and regulations.

You agree to indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) we or any other indemnified party suffers about, arising from, or avoiding, any claim or demand from a third-party that your use of this Website or the use of this Website by any person using your user name and/ or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

· Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, In no case shall THEFLUXION, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, lost profits, lost revenue, special, or consequential damages of any kind, including, without limitation lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website, any of the services or any products procured using the service, or for any other claim related in any way to your use of the Website, services or any product, including, but not limited to, any errors or omissions in any content, or any loss or Damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

· Indemnification

You agree to indemnify, defend and hold harmless THEFLUXION and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are practical unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our Site.

Suppose in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service. In that case, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/ or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

Changes to Terms and Conditions
You can review the most current version of the Terms of Service at any time on this page. At our sole discretion, we reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You should send questions about the Terms of Service to us at support@Thefluxion.com