Please read this Terms and Conditions of Use Agreement (the "Agreement") carefully as it sets forth the conditions of use of the Flexground, LLC FGMaintenance web application (the “Application”) and is a legally binding agreement between you, personally, and any entity on whose behalf you are using the Application (collectively "You" and/or "Your") and Flexground, LLC ("Flexground"). If You do not agree to the terms and conditions of this Agreement, You should immediately cease all usage of the Application. Flexground reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice to You. Modifications shall become effective immediately upon being posted on the Application and Flexground website. Your continued use of the Application after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
The Application may be used by individuals who can form legally binding contracts under applicable law, which are persons over the age of 18 years old. This means that persons under the age of 18 years old may only use this Application with the consent of their parent or legal guardian, who have capacity to form a legally binding contract.
You must (i) provide all equipment necessary for Your own Internet connection, including computer and/or tablet and/or mobile device, and (ii) provide for Your access to the Internet. Subject to the terms and conditions mentioned herein, You are hereby granted a limited, non-exclusive, non-transferable, restricted license solely for the purpose of using and accessing the Application and to request quotes through the Application. No other right, title or interest is granted in, and to the Application. You shall not modify the Application, nor adapt, translate, reverse engineer, decompile, disassemble, and/or otherwise attempt to discover the source code of the software, nor take any other steps to discover the confidential information and/or trade secrets contained in the Application.
All content included or available through the Application, including the Application design, text, graphics, interfaces, and the selection and arrangements thereof, and all trademarks, copyrights, database rights and other intellectual property rights related to it belong to Flexground. Any use of materials on or from the Application, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Flexground is strictly prohibited.
The Application is provided by Flexground on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Flexground makes no representations or warranties of any kind, express or implied, that the Application or the use thereof (i) will be free from defects, inaccuracies or errors, (ii) will be uninterrupted or secure (iii) will meet Your requirements or (iv) will operate in the configuration or with the other software You use.
Flexground disclaims all warranties with regard to the Application or information provided through the Application, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR PLAYGROUND EQUIPMENT AND THE RELATED DESIGN: (I) ARE SAFE AND (II) COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS (“LAWS”), INCLUDING THE AMERICAN WITH DISABILITIES ACT (“ADA”). Use of the Application and maintenance manuals and Your production or creation of maintenance reports or any other report are used and created at your sole risk and do not and will not guarantee compliance with Laws. Any reference in the Application to the ADA is limited to and related only to the ADA’s playground course of travel regulations. Flexground does not guarantee the playground clearances or course of travel information provided through the Application are up to date nor will use of such clearances and course of travel information guarantee any playground’s compliance with Laws.
You hereby grant to Flexground and its successors a worldwide, irrevocable, transferrable, sub-licensable, fully-paid, royalty-free, and non-exclusive license to publish, use, reproduce, transmit, display, distribute and delete any data, text, files, information, images, graphics, photos, profiles, video clips, sounds, links and other content or materials, including your name, email and address (“Material”) that you post on our Application. You further acknowledge and agree that you, and you alone, are responsible for the development and posting of your Material. Flexground does not want nor shall You disclose to Flexground any credit card, bank account, financial or related information to Flexground. You provide your personal information at your own risk.
FLEXGROUND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FLEXGROUND SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE APPLICATION, OR ITS USE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Flexground, its officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Your use of the Application, the violation of this Agreement, or infringement by You of any intellectual property or any other right of any person or entity.
You represent and warrant to Flexground that: (i) You have the full power and authority to enter into and perform your obligations under this Agreement; (ii) Your assent to and performance of Your obligations under this Agreement does not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) this Agreement constitutes legal, valid and binding obligations on You, enforceable in accordance with its terms and conditions; (iv) You will comply with all applicable laws, rules and regulations in Your use of the Application, as well as the agreed upon terms of this Agreement; and (v) You understand and acknowledge that Flexground may terminate this Agreement at any time in its sole discretion.
Flexground reserves the right to stop providing the Application with or without notice to You. Flexground shall not be liable to You or any third party should Flexground exercise its right to stop providing the Application. You acknowledge and accept that Flexground does not guarantee continuous, uninterrupted or secure access or use of the Application and operation of the Application and may be interfered with or adversely affected by numerous factors or circumstances outside of Flexground's control.
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You agree that this Agreement is made and partially performed in the State of Colorado, and that venue for any action at law or in equity arising out of or relating to this Agreement shall be exclusively limited to the state or federal courts located in the State of Colorado. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such action, and waive any defenses of lack of minimum contacts or forum non conveniens.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You shall not use or access the Application in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Flexground, in its sole discretion, to a third party in the event of a merger or acquisition or sale of all or substantially all of the assets of Flexground. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between You and Flexground.