1. About this Website
In these Terms of Use, "website" means https://fluxentis.com. Fluxentis, Inc., a Delaware corporation ("Fluxentis", "we", "us", or "the Company") is the owner or authorized licensee and operator of this website. "You", "user", and "client" mean the person or entity using the website.
2. About these Terms of Use
These Terms of Use of the website (“Terms”) and the associated Privacy Policy (“Privacy Policy”) govern your access to and use of the website. You should read these Terms of Use and the Privacy Policy carefully before using this website.
These terms apply only to the use of the website but do not apply to the use of any products or services (including software as a service products) of Fluxentis, which you may access through the website (Fluxentis Products). Each of the Fluxentis Products will have their own licence agreements or terms of usage which you must agree to separately as a condition of using the Fluxentis Products.
3. Your access/use implies agreement
The website is available for your use only on the condition that you agree to these Terms of Use. By accessing/using the website, you are signifying that you agree to be bound by these terms.
4. Modifications to the Terms
Fluxentis may revise and update these Terms of Use at any time. Your continued usage of the website after any changes to these Terms of Use will mean you accept those changes.
5. Modifications to the Information
Fluxentis does not warrant the accuracy, adequacy, or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Fluxentis.
6. No warranty for the Website
Whilst Fluxentis takes great care to ensure the service provided on the website is of the highest standard, we give no warranties to users as to the reliability or availability of the website, that the website will be free from viruses and other damaging programmes or code, whether replicating or otherwise, or that use of the website will not result in damage or loss to your hardware, software or any data stored on it. You agree that you are solely responsible for providing any software and other devices necessary to effectively deal with viruses and other damaging or destructive programs and code that may affect your data or other property.
7. License and Copyright
The copyright for this website is owned or licensed by Fluxentis and is protected under the United States Copyright Act and by other copyright laws in the United States and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Fluxentis.
All custom graphics, icons, and other items that appear on the website and all associated trademarks are trademarks of Fluxentis.
8. Intellectual property
Without limiting Clause 7 above, you acknowledge that all intellectual property contained on this site is and remains at all times the property of Fluxentis. You agree not to use the information or other material on this website for any unlawful purpose or in any manner that would, in any way, infringe Fluxentis’s intellectual property rights.
9. Ownership
All materials and the methodology used in the Fluxentis website are the property of Fluxentis including any copyright therein and/or trademarks used therein. You acknowledge and agree that Fluxentis may use any information (other than your personal information) and intellectual property you provide to us through the site at any time and for any purpose. In handling your information, Fluxentis will comply with the Fluxentis Privacy Policy.
10. Fluxentis Privacy Policy
The Fluxentis Privacy Policy governs the use of information collected from or provided by you on the website. You can read the policy
here.
11. Feedback, suggestions, comments or requests
Feedback, suggestions, comments or requests (“comments”) may be made to “ceo@fluxentis.com” (or other email addresses of similar purposes). If you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and Fluxentis is under no obligation to keep such information confidential, and Fluxentis will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments or suggestions in any manner it chooses.
12. Outbound links
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Fluxentis. Fluxentis makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked site or any content, software, service or application found at any linked site. Fluxentis may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third-party website from the Fluxentis website.
13. Inbound links
Fluxentis generally encourages and agrees to your linking to the website through a plain text link on your website without the need for agreement between yourself and Fluxentis.
14. Jurisdiction
The laws of the State of Delaware, United States, govern these terms and disputes arising from them, without regard to conflict-of-law rules. Subject to any mandatory rights or jurisdiction required by applicable law, the parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware. Nothing in these terms excludes rights or remedies that cannot lawfully be waived.
15. Disclaimer of warranties
Apart from warranties implied by law which are not capable of exclusion, Fluxentis makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
16. No liability to users
Fluxentis will not charge you any fees to access and use the website (however it may charge you to use the Fluxentis Products, as described in their applicable Terms of Use or Licence Agreements). Fluxentis, therefore, gives no warranty in relation to the service provided or supplied via the website. Under no circumstances is Fluxentis or any of its carriers or suppliers liable or responsible in any way to you or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), howsoever caused, including as a result, direct or indirect of any defect, deficiency or discrepancy in our services including its form, content, and timeliness of delivery, including, without limitation, for and in relation to any of the following:
- any services supplied to you;
- any delay in supply of the services;
- any failure to supply the services;
- any technical or non-technical failure; and/or
- any content or information accesses via the services with or without your authorisation.
The applicable United States federal and state consumer protection laws and other mandatory applicable laws may imply certain conditions and warranties into this Agreement. To the extent permitted by law those conditions or warranties are expressly excluded. Where they cannot be excluded, Fluxentis’s liability (if any) arising from the breach of those conditions and warranties is limited, in Fluxentis’s discretion to the supply of the services again or cost of resupplying the services again.
17. No guarantee to protect your information
Fluxentis accepts no liability for any loss or damage incurred by you as a result of information provided to us by you being copied, intercepted or otherwise unlawfully dealt with by unauthorised persons or entities, whether in transition to or from the site or whilst stored on the site.
18. No liability for loss or misuse of passwords and login names
You acknowledge that you are solely responsible for the maintenance, use and security of your password or login name (to the extent the forgoing are required to access and use any part of our website) and that Fluxentis will not be liable for any loss or damage you may incur as a result of the loss or misuse of either of them. You must maintain the confidentiality of your password and account, and are responsible for all activities that occur with your account. Where the current account details and password are provided, Fluxentis is entitled to assume that the access is by you, or authorised by you, and you indemnify Fluxentis completely against any claim of loss or damage that results from wrongful, fraudulent or other access (using the correct account details and password) to your account.
For more information, Fluxentis can be contacted via:
Contact: Fluxentis, Inc.
Post: 28 CHILKAT AVENUE, HAINES, AK 99827
Phone: +1 2672579770
Email: ceo@fluxentis.com