TERMS AND CONDITIONS

This website is provided by SynergyWiz Inc. (“SynergyWiz ” or “We” or “Us”).


OUR DISCLAIMER

This website is for informational purposes, and is not responsible for the accuracy, usefulness or availability of any information transmitted via the website. The website is also not responsible for any errors or omissions in that information, or liable for liability resulting from the use of this website.
 

TERMS OF USE

By accessing the FLEXCLIP website or you agree to accept the FLEXCLIP Terms of Use, and agree to be bound by these terms and provisions outlined below.

Do not use this site if you do not agree to any of the terms above. Using this site in any form will be an acceptance of this agreement.
 

ENTIRETY OF THE AGREEMENT

The Terms of Use outlined here in its current form constitutes the entire agreement between you and us;  this supersedes any and all prior agreements.
 

PRODUCTS, CONTENT AND SPECIFICATIONS

All of the content, products, prices and/or services on this Site, www.TheFLEXCLIP.com (this "Site"),  are subject to edits at any time, without any notice. The weights, measures and descriptions are just approximate and are provided for convenience purposes only.  SYNERGYWIZ INC.  ("FLEXCLIP", "we" or "us") and its service suppliers make reasonable efforts to display the attributes of the products accurately, but we cannot guarantee that your computer will accurately display all the features of the products, like colors.
 

ORDERING, SHIPPING AND RETURNS

When you  place an order on our Site, you agree that the products you ordered will be used only in a lawful manner.  When an order is placed, it ships to the address that was designated by the purchaser, under the condition that the shipping address is compliant with the shipping restrictions of this Site. The risk of loss and title for any items that are purchased from this Site are passed to you upon the moment of delivery to the carrier. You will be responsible for filing claims with carriers for lost or damaged packages. You may return or exchange a product or service purchased from this Site in accordance with our Return and Exchange Policy found on the site's FAQs. If jurisdictions provide additional statutory rights we will abide by them. Nothing stated here is meant to limit our customer's return or cancellation rights under local law.
 

FEES

SYNERGYWIZ or its vendors or agents will bill your bank card or alternative payment method for all charges or deposits for any events or products you purchase through the Site. When place an order and provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent that you are the authorized user of the payment method that is used to pay for the products and services. If legal action is needed to collect on any balances due, you agree to reimburse SYNERGYWIZ or its vendors or agents for all expenses incurred to recover sums due, this includes but is not limited to attorneys' fees and other legal expenses. You understand that FLEXCLIP or its vendors or agents will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
 

ACCOUNT REGISTRATION AND SECURITY

You agree that you understand that you may need to create an account to place orders or to have access to all of the parts of the Site. In order to use various restricted portions of the Site, you will need to: provide your current and complete information about yourself or business as prompted by the Site's registration and/or subscription pages. Additionally your will need to maintain and promptly update the Registration Data to keep it as current and complete as possible. SYNERGYWIZ has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) for any reason or no reason at any time. You are entirely responsible for any and all activities that occur under your account, including keeping your password secure. You agree not to share your account information (including your user name and password) with any third party or permit any third party to logon to our  Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site.

SYNERGYWIZ or its vendors or agents have the right to provide user billing, account, content, purchase or use records, and related information under certain circumstances (Example: in response to legal request, lawful process, subpoenas, warrants, or to protect our rights, customers or business).
 

NO WARRANTIES

Please read the following clauses carefully. These clauses exclude and limit our legal liability for the site.

The use of this site is at your sole risk. Information on the site is provided on “as is” basis. We do not make any warranty or representation of any kind, whether express or implied, including but not limited to all warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and quiet enjoyment.

You have the sole responsibility to back up data, protect your equipment, and to scan for computer viruses or other destructive properties. We do not guarantee that access to our site will be uninterrupted, that this site will be available, that the site will meet your requirements, that the site has no viruses, and that the site will cause no damage to your computer system.
 

Any third party software that may be used in connection with this site is to be used at your own risk, and we take no responsibility for it.
 

LIMITIATION OF DAMAGE

For any breach of these terms your only remedy (including the privacy policy) and for any damages due to you (or any others related or represented by you) by the foundation or any of the third parties for any reason relating to any part of the site will be the correction of the part of the site or the service causing said damage.
 

NO CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES

We will not be held liable to you for lost profits, damages (punitive, consequential, incidental, or indirect) relating to any aspect of your use of this site or to a breach of these terms including without limitation, the privacy policy of this site.

 

ENDORSEMENTS AND THIRD PARTY SITES

We are not to be held responsible for content on any other third party. We provide hypertext links to other locations on the internet for information purposes only. We have not verified the content of any sites we provide hypertext links to. Following any links we provide will be at your own risk. We are not liable for any damages you may incur from these sites.  The use of any software you download is governed by the terms of the license agreement that is provided with the software (if any). The site provides no approval of any third party information, products, or services. Without a written confirmation, we do not consent to anyone setting up a link from their website, or similar property, to our site.

 

USING SYNERGYWIZ's INTELLECTUAL PROPERTY

SYNERGYWIZ retains sole ownership of the intellectual property rights to our website’s content, trademarks and other logos, text, graphics, icons, images, audio clips, video clips, digital downloads and the “look and feel” of our website and all services offered by us (“Our Property”).


ACTIONS THAT ARE PROHIBITED

If you breach these restrictions, you may be subject to prosecution and/or damages and are thereby prohibited from using our website.
 

You agree not to:

  • Bypass, modify, reverse-engineer, or tamper with any of the security features of our website

  • Use our website or services for illegal purpose, or any purpose not permitted in the Terms of Use;

  • Change or translate any part of our website without getting our written permission first;

  • Interfere or damage our website or our servers in any fashion;

  • Collect information about other users or our website;

  • Submit false / misleading information to us or the site;

  • Impersonate any other entity, or misrepresent your affiliation with a person or entity (including us), or use a false identity;

  • Engage in any activity that interferes with anyone's ability to use or enjoy the website;

  • “Deep link”, frame, inline link, or mirror any part of our website without our written permission;

  • Engage in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation relating to our site;

  • Assist or encourage any third party to engage in any restricted activity by these Terms of Use; and/or


YOUR CONTENT PUBLICLY AVAILABLE

We might post opportunities for interactive activities that allow users to communicated with each other.  If you use this feature, then you are responsible for your content, and you absorbing the content of others. This content includes, but is not limited to comments, testimonials, feedback, ideas, and other submissions on or about our website. We take no responsibility for this content or repercussions of this content. We do not claim ownership of this content.

Any content posted to our site is expected to courteous and you are not allowed to post any unlawful, abusive, harassing, sexually explicit, or objectionable material of any kind. We may review materials posted to our site and remove or edit materials, suspend or terminate users/accounts or access to our website whenever we choose.

 

WHAT IS DONE WITH YOUR CONTENT

When you post content to our site you agree that this is exclusively your content, and that you grant us full transferable, non-exclusive, sub-licensable, perpetual, royalty-free, irrevocable, reproduce, publish, translate, right and license to use, sublicense, copy, modify, delete, enhance, distribute and otherwise exploit your content in any way we see fit.

We do not provide any confidentiality, attribution, or compensation for any content you post. Additionally, your agree to hold SYNERGYWIZ harmless against any claims from this content.

 

SPONSORSHIP OF USER POSTS

Any actions resulting from the use of our website or interaction with others on our website is solely the responsibility of the user. We do not control or endorse user generated content posted by any 3rd party and we do not accept any liability with regard to user generated content.

 

PERSISTENCE OF CONTENT

Content can be deleted at any time by us or by users of the site. We might keep backup copies of site content and we reserve the right to use this content is any way we see fit.

 

TRANSFER OF DATA (INTERNATIONAL)

By using this website you approve to have your information (personal or otherwise) transferred, processed, and/or stored in the United States.

 

OMEGA RPIZE INDEMNIFICATION

By using this website you agree to hold SYNERGYWIZ and it's representatives, agents, employees, shareholders, attorneys ("Indemnified Parties") harmless from any damages, losses, costs, or expenses in relation to any claim, demand, or action (first or third party) brought against the Indemnified Parties.

We may control the disposition of any claim at your sole cost and expense if you breach of any provision of these terms of use with your comments, by you or your employee using our site, or you or your employee violating any rights of another. Without our express written consent you may not settle, compromise or in any other manner dispose of any claim.

 

WARRANTIES AND REPRESENTATIONS

You signify and guarantee to us that: (i) you have the power and authority to enter into and perform your  obligations outlined here (including that you grant us the right to Your user generated content), and under these Terms of Use; (ii) you agree that by complying with these Terms of Use you are not breaching or conflicting with any other agreements or arrangement that you are bound to, or any applicable laws, regulations or rules; (iii) these Terms of Use are your valid, legal, and binding obligation. They are enforceable in accordance with their terms and conditions; (iv) Additionally, you agree that you will not infringe on any patents, copyrights, trademarks, trade secrets, right of publicity or any other intellectual property or proprietary right of FLEXCLIP or any third party in your use of our website; and (v) you agree to comply with any and all applicable laws, rules, and regulations in using our website, including these Terms of Use.

 

MISCELLANEOUS

At any time and for any reason we may deny you access to all or part of our website. At our discretion we may modify, suspend or discontinue any aspect of our website at any time without prior notice and without any liability. Even if your account is terminated, if you breached the provisions outlined to you while using our website, we have the right to sue you for damages or injunctive relief.

 

LAWS

Our relationship with you and these Terms of Use are governed exclusively by the laws of the State of Florida, without any regard to its conflicts of laws rules. Any litigation arising out of or relating to this Agreement must be filed and pursued exclusively in the State or Federal courts in Pinellas County, Florida, and you consent to the jurisdiction of and venue in such courts. The prevailing party will be entitled to an award of all its costs and reasonable attorneys’ fees in any legal action relating to our relationship.

 

DELIVERY OF NOTICE

By using the contact information available at https://www.TheFLEXCLIP.com you may contact us with any and all questions, claims or complaints. We may deliver a notice to you by any method that we deem reliable.
 

CLAIM TIMING

Any claim that arises out of use of our website or these Terms of Use must be filed within one year after the claim arose or it is forever barred regardless of any statute or law to the contrary. Any failure on our part to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.