Binding Agreement
These terms of use are entered into by and between you and Flour Power Studios (“we,” “us,” or “our”) which owns and/or operates the flourpowerstudios.com (the “Website”).
We provide the Website to you subject to the following conditions. Please read these Terms of Use, the Privacy Policy [[Add URL Link to Privacy Policy]], and any other terms and conditions on the Website that govern particular features of the Website (the “Additional Terms”), all of which collectively govern your use of, and access to, the Website and any and all content, data, information, and materials contained therein. These Terms of Use, the Privacy Policy, and the Additional Terms are collectively referred to as the “Terms.”
BY ACCESSING, BROWSING, AND/OR USING THE PAGES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS, INCLUDING THESE TERMS OF USE, THE PRIVACY POLICY, AND THE ADDITIONAL TERMS, AND AGREE TO BE BOUND BY ALL OF THE TERMS, AS WE MAY AMEND OR SUPPLEMENT EACH FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS.
Users
Unless otherwise expressly stated on the Website, the information on the Website is intended solely for use and access by persons residing in the United States, its territories and possessions. Use of the Website is not authorized in any jurisdiction that does not give effect to the Terms. The Website (excluding linked websites) is controlled by us from our offices within the United States. We make no representations or warranties that the Website IS appropriate for access or use in locations other than the United States. Additionally, you must be 18 years or older to access or use the Website. If you are under the age of 18 or under the legal age to enter into enforceable contracts in the jurisdiction from which you are accessing the Website, you may use the Website only with the consent of a parent or guardian. By accessing or using the Website, you represent that you meet this age restriction and we provide you access to the Website subject to your compliance with the Terms. We, and our affiliates, reserve the right to refuse service or cancel orders in our sole discretion.
Use and Website Access
We grant you a limited use license to access the Website for normal browsing only, and to download (for cacheing purposes only) or print a copy of the materials on the Website for your personal use only, and on the condition that you(a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with, achieve commercial gain, or damage, the goodwill associated with us; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by us); and (d) do not make any modifications to the material. Except as expressly provided in the Terms, you may not download (other than page cacheing), modify, copy, reproduce, republish, post, resell, upload, transmit, or distribute material (or any portion of it) from the Website, except with our express written consent. The limited use license granted herein does not include any right for resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
In addition, you agree to not (a) use or access the Website for any purpose that is unlawful or prohibited by the Terms; (b) frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form), without our express written consent; (c) use any meta tags or any other “hidden text” utilizing our trade names, trademarks, service marks, or logos without our express written consent; (d) make any commercial or non-fair use of our copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of us without our express written consent; (e) systematically retrieve data or other content from the Website to create or compile – directly or indirectly – a collection, compilation, database, or directory without written permission from us; (f) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; (g) circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use, or copying, of any content or enforce limitations on the use of the Website and/or the content contained therein; (h) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website; (i) use any information obtained from the Website in order to harass, abuse, or harm another person; (j) make improper use of our support Website or submit false reports of abuse or misconduct; (k) use the Website in a manner inconsistent with any applicable laws or regulations; (l) engage in unauthorized framing of, or linking to, the Website; (m) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website; (n) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (o) interfere with, disrupt, or create an undue burden on the Website or the networks or Website connected to the Website; (p) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you; (q) attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website; (r) copy or adapt the Website’s software including, but not limited to, Flash, PHP, HTML, JavaScript, or other code; (s) except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; (t) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system including, without limitation, any spider, robot, cheat utility, scraper, or off-line reader that accesses the Website, or use or launch any unauthorized script or other software; (u) use a buying agent or purchasing agent to make purchases on the Website; (v) take any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; or (w) use the Website as part of any effort to compete with us or otherwise use the Website and/or the content for any revenue-generating endeavor or commercial enterprise.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Linking to the Website and Social Media Features
You may link to our Home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must establish a link in such a way as to not suggest any form of association, approval, or endorsement on our part without our express written consent. The Website may provide certain social media features that enable you to (a) link from your own or certain third-party websites to certain content on the Website; (b) send e-mails or other communications with certain content, or links to certain content, on the Website; or (c) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed on, or appear to be displayed by any other site; for example, framing, deep linking, or in-line linking; (c) link to any part of the Website other than the Home page; or (d) otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of the Terms.
To request our permission to create a hyperlink to the Home page of the Website, please contact us by
e-mail at [email protected].
Third-Party Links
The Website may contain links to other websites not controlled, operated, or owned by us. Unless otherwise expressly stated by us, we provide no endorsement or representation of any kind regarding the products, services, content, or appropriateness of content of such websites, and explicitly disclaim any responsibility for the accuracy, content, or availability of the information, products, and/or services found on, or through, any such linked website. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products, or services contained on, or through, such third-party sites. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked website.
Open Areas and Limited Access Areas
Most areas of the Website may be accessible without password access control (the “Open Areas”). However, some areas of the Website are strictly reserved for use and access only by our Franchisees or other persons we authorize (the “Limited Access Areas”). You agree to not attempt to gain unauthorized entry into the Limited Access Areas. The materials contained in the Limited Access Areas include items that are proprietary to us and include our trade secrets that are not authorized for general distribution and have substantial value due to their contents and secrecy (the “LA Materials”). In addition to the restrictions set out in other provisions of the Terms or other agreement with us, you agree to (a) maintain the security and confidentiality of the LA Materials using at least the same standards you use to maintain the confidentiality of your own proprietary information and trade secrets, but in no case less than reasonable standards; (b) notify us immediately upon discovery or suspicion of compromise of the confidentiality of any of the LA Materials or any use of the LA Materials in violation of the Terms; (c) not disclose the LA Materials or any information contained therein to any third parties including, without limitation, any employees or other agents, except as specifically authorized by us in writing; (d) not use the LA Materials in a manner that would compete with, or damage, the goodwill associated with us; (e) not make any modifications to the LA Materials; and (f) strictly control and limit dissemination and use of the LA Materials, in accordance with any restrictions set out in the LA Materials themselves and/or in any and all Additional Terms.
Copyrights and Trademarks
All content included on the Website (such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations and software, and the compilation including the collection, selection, assembly, and arrangement of such materials) is our property or our licensors or content suppliers and protected by copyright, trademark, and other applicable laws in the United States and other jurisdictions.
Flour Power Studios and other related marks or logos are our registered trademarks. This is not intended to be a complete list of all of our trademarks, and we own or control the proprietary rights in trademarks not listed here and in one or more countries outside the United States. The domain names of the Website and our other websites are our property. All of our trademarks, copyrights, trade dress, and intellectual property used on the Website may not be used in connection with any product or service that is not offered for sale or otherwise provided by us or by our Franchisees (defined below), or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames us or the Website. All other trademarks, service marks, logos, designs, and trade dress, not owned by us that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us.
You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any applicable laws and for any direct, indirect, or contributory infringements of third-party rights caused by you.
Submissions
By sending any information, materials, messages, content of any sort, or any other submissions (“Submissions”) to us via the Website, you assign to us, free of charge, all worldwide rights, title, and interest in all copyrights and other intellectual property rights in such Submissions, and we (and our affiliates and related entities) may use, copy, sublicense, adapt, transmit, distribute, publicly perform, publish, display, or delete such Submissions as we see fit. You agree that you are not entitled to any compensation, credit, or notice whatsoever with regard to such Submissions and that by sending any Submissions to us, you waive the right to make any claim against us, our parents, or affiliates relating to Submissions including, without limitation, unfair competition, breach of implied contract, or breach of confidentiality. For this reason, we ask you not to send us any Submissions that you do not wish to assign to us.
Franchisees and Independent Contractors
Flour Power Studios centers may be independently owned and operated by third parties that are our franchisees (“Franchisees”). Franchisees are independent and not our agents, partners, or employees. Franchisees do not have any right to speak for us, or on our behalf, or bind us to any contracts or obligations. We are not responsible for any of the acts or omissions of Franchisees including, without limitation, in connection with their provision of products or services to you, fulfillment of orders, or in connection with the operation of a Flour Power Studios territory.
Infringement
If you believe any violation of the Terms or infringement of any of our rights has occurred, or if you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at [email protected].
Investigations
We may seek to gather information from any user of the Website who is suspected of violating the Terms and from any other user of the Website. In connection with your use of the Website, you consent to our recording of any communication – electronic or otherwise – between you and us and our retaining any information and data obtained from you. We may suspend access or use by any users whose conduct or postings are under investigation and may remove such material from our servers as we deem appropriate, without notice. If we believe, in our sole discretion, that a violation of the Terms has occurred, we may edit or modify any Submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users, terminate access to Limited Access Areas, terminate accounts, or take other corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails or publishing or otherwise making available any materials that are believed to violate the Terms. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR AS A RESULT OF, OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
Electronic Communications, Transactions, and Signatures
Visiting the Website, sending us e-mails, and completing on-line forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery, or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Indemnification
You agree to indemnify us, and hold harmless, us, our franchisees, our affiliates and subsidiaries, and all of our/their respective managers, members, directors, officers, agents, employees, suppliers, vendors, franchisees, and service providers (the “Indemnified Parties”) from any claims, judgments, liabilities, and expenses, including reasonable attorneys’ fees whether in tort, in contract, or otherwise, that it, or any of the Indemnified Parties, may incur by reason of, or arising out of, or related to (i) your use of the Website; (ii) your breach of the Terms; (iii) Submissions; and/or (iv) claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity by any third party.
Termination
We reserve the right, in our sole discretion, to terminate or suspend access or ability to use the Website at any time, without notice. Upon such termination, all rights granted to you under the Terms will cease immediately, and you agree that you will immediately (a) discontinue use of the Website and (b) discontinue use of – and destroy or return to us – all of our materials. Notwithstanding the foregoing, any provisions of the Terms, including the Privacy Policy and the Additional Terms, expressly identified or that would by their nature survive such termination, shall so survive.
Disclaimer
THE WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS, INCLUDED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE WEBSITE AND ON THE INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE FUNCTIONS CONTAINED ON THE WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE. IF ANY INFORMATION IN OR ON THE WEBSITE IS INACCURATE, INCOMPLETE, OR OUT-OF-DATE, WE RESERVE THE RIGHT TO CORRECT, CHANGE, OR UPDATE SUCH INFORMATION OR TO CANCEL ORDERS RELATED TO SUCH INFORMATION WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER). YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOU ARE DOING SO AT YOUR OWN RISK.
Limitation of Liability
NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGESARISING FROM, OR IN ANY WAY CONNECTED WITH, THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED PRODUCTS/SERVICES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. IF YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE WEBSITE, OR WITH ALL OR ANY OF THE TERMS, INCLUDING THE PRIVACY POLICY AND/OR ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. SOME JURISDICTIONS MAY NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, IN WHICH CASE THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS ON DIRECT AND INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARE INDEPENDENT OF ONE ANOTHER AND ANY OTHER LIMITATIONS SET FORTH IN THE TERMS.
Applicable Law
The Terms, and any purchases made through the Website, shall be governed by, and construed under, the laws of the North Carolina, United States of America, without regard to conflicts of law principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, OR RELATING TO, THE WEBSITE OR THE USE OR ACCESS THEREOF MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN NORTH CAROLINA, UNITED STATES OF AMERICA. Nothing herein shall limit our right to seek and obtain equitable or injunctive relief, without the posting of a bond, and the foregoing sentence shall not apply to your violation of the Terms relating to our trademarks, copyrights, and other intellectual property. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, OR RELATED TO, THE WEBSITE SHALL BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR SUCH ACTION OR CLAIM SHALL BE BARRED.
Miscellaneous
The Terms set forth the entire, final, and exclusive agreement between us and you with respect to your use of, and access to, the Website and any and all content, data, information, and materials contained therein and transactions completed thereon, and supersede all previous oral and written terms, representations, or understandings concerning your use of, and access to, the Website and any and all content, data, information, and materials contained therein and transactions completed thereon. Our failure to exercise or enforce any right or provision of the Terms including, without limitation, the Privacy Policy and/or the Additional Terms, shall not constitute a waiver of such right or provision. We may assign our rights and duties hereunder to any party, at any time, without any notice to you. The Terms may not be assigned by you without our prior written consent. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions
Questions or comments regarding the Website or the Terms, including the Privacy Policy and/or the Additional Terms, should be directed to [email protected]. Please do not send any time-sensitive communications to us by e-mail as we cannot be responsible for responding to any such communications.
Version and Changes
The Terms of Use are effective as of February 1, 2024. From time to time, we may change the Terms, including the Terms of Use, and will post the revised version here. So, we suggest that you check back periodically for the most up-to-date version of our Terms. If you do not agree to the new posted Terms, your only remedy is to discontinue use of the Website.
Copyright ©2024, Flour Power Studios. All Rights Reserved.
