Flxpoint Terms of Service

This user agreement specifies the terms and conditions under which the legal entity of Inventory Source, Inc. agrees to provide you with access to inventory, order, and financial information via API Integration (“the Information”). 

1. Eligibility; Registration

1.1 Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. Further, the Services are not available to parties whose use of the Services has been suspended or terminated.

1.2 To use the Services, you must submit a complete registration form on behalf of yourself or the corporation, partnership or other legal entity that will be using the Services. By accepting this Agreement, you represent that (a) you are eighteen (18) or older and, if applicable, (b) you are authorized to sign for and bind the corporation, partnership or other legal entity that will be using the Services. You shall provide current, complete and accurate registration information (including email address and credit card information), and then update the information as required to keep the registration information current, complete and accurate.

1.3 As a subscription service, Inventory Source, Inc. will collect payment information from you during the account setup. By providing such payment methods to Inventory Source, Inc., you are explicitly authorizing Inventory Source, Inc. to charge one or more of these methods as fees are due.

2. Fees and Payment Terms

2.1 The fees are set forth in this document. Changes to fees and payment terms are effective immediately unless otherwise indicated, and it is your responsibility to check for any changes, but we will also update the changes on our App and alert our member network of the change by sending you a notice to your email ID on file. You agree to pay us for using our services in accordance with our then current Fee Schedule. All fees are payable in U.S. Dollars and will not be treated as paid until actually received by Inventory Source, Inc. in same-day and freely available funds. Failure to pay any amounts when due may, in Inventory Source, Inc.’s sole discretion, result in your account being suspended or terminated.

2.2 Any claims for refunds or other adjustments to charges on your account must be submitted in writing. Any claim must be submitted within 30 days of the date such charges are placed on your account.

3. User Conduct

3.1 You agree to comply with all applicable laws, statutes, ordinances and regulations related to use of the Services. You may not use our Services to engage in fraud or other illegal activity, or to infringe the intellectual property rights of others.

3.2 You agree to comply with the terms and conditions of all agreements you have with third parties, including providers of drop ship Inventory, as such terms and conditions relate to use of the Services including, without limitation, terms and conditions related to types of items that may be sold or restrictions on concurrent sales.

3.3 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction conducted on the App. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or limits our ability to provide the Services. You agree that you will not collect, copy, reproduce, alter, modify, create derivative works, or publicly display any content or information (except for Your Materials) from the App without the prior expressed written permission of Inventory Source, Inc. or the appropriate third party. You agree that you will not use any robot, spider, or other automatic device or routine to access or interface with the App.

4. Inventory Source, Inc. and Third-Party Intellectual Property

4.1 All content included or available on any User Interface (UI), such as text, graphics, logos, button icons, images, audio clips and software, is the property of Inventory Source, Inc. and/or third parties and is protected by copyrights, trademarks or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement and assembly) of all content on any UI is the exclusive property of Inventory Source, Inc. and/or its licensors, third party integrated entities and is protected by copyrights or other intellectual and proprietary rights. All software used on any UI is the property of Inventory Source, Inc. and/or its of software third party partners and is protected by copyrights, patents or other intellectual and proprietary rights.

4.2 Subject to the terms and conditions of this Agreement, Inventory Source, Inc. grants a limited license to you to make personal use of the App and the Services only for their intended purposes. This license expressly excludes any resale of the App and the Services, making any derivative of the App or the Services, the collection and use of other users’ email addresses or other materials (for example, advertisements), or any data extraction or data mining whatsoever, except with the express consent of the owner of such materials.

4.3 Inventory Source, Inc. retains all right, title, and interest in and to its trademarks, service marks and trade names worldwide (collectively, the “Marks”). You shall only use Inventory Source, Inc.’s Marks with the express permission of Inventory Source, Inc. and then only in the manner authorized. Under no circumstances may you alter, modify, or change Inventory Source, Inc.’s Marks.

5. Suspension and Termination

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the App and Services if you breach any of the terms of this Agreement or if you take any actions that, in our sole judgment, may cause legal liability for or claims against you, our users, or us. In the event Inventory Source, Inc. suspends or terminates your access to the App or Services, you acknowledge that you may be denied any further access to the App.

6. Privacy

Inventory Source, Inc. is committed to protecting your privacy and we will only use and disclose your information in accordance with our then current Privacy Policy which is incorporated herein by reference.

6.1 PRIVACY STATEMENT

Flxpoint has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for the website www.flxpoint.com.

6.2 GATHERING OF SYSTEM INFORMATION

When you use Flxpoint’s services we track your activity on our website. Your personal information is used to identify you in our system allowing Flxpoint to charge for your use of subscribed Flxpoint services, and to contact you about the status of our service and any changes to our service via e-mail or telephone. We also use the information gathered from tracking user activities to improve our service. We also track your Internet Protocol (IP) address, domain name (if applicable), browser type, session duration, and transaction data-which is available to any site to which you connect. Flxpoint uses this information to administer the site and to further improve our service to you.

6.3 TRACKING OF COOKIES

A “cookie” is a small piece of data that is sent to your browser from a web server and stored on your computer’s hard drive. Cookies do not damage your computer. We use cookies to save your password so you don’t have to enter your password on every page.

6.4 CUSTOMER IDENTIFIABLE INFORMATION

Our site’s registration form requires users to give us in-depth contact information, this information is used to help us serve you better, it is never shared with third parties, except when you specifically authorize us. See section (5) below. Your contact information is also used to contact you, by our staff when necessary. Financial information that is collected is used to check the users’ qualifications for registration and to bill the user for products and services only and we do not share this information with our partners unless you explicitly authorize us to.

6.5 FOREIGN SYSTEMS

This site contains links to other, non Flxpoint Partner sites. We are not responsible for the privacy practices or the content of such Web sites. Flxpoint will only transmit your information to Flxpoint partners when you have elected to sign up for a co-branded service that is linked with the Flxpoint system. For your convenience we will then transmit only the information required by the partner, through a secure channel to avoid you needing to re-enter the information. However it is your responsibility to ensure that you agree to the third parties privacy policy, and relevant licensing statements prior to authorizing us to transmit your information. For your convenience a link may be provided allowing you to review any privacy policies and licensing statements prior to data transmission.

6.6 INTERNAL USE OF INFORMATION

Our site provides a mechanism for people to send feedback and request more information. This information is not uniquely stored, but may be aggregated with other data to ensure that we properly meet users’ expectations and have the necessary resources planned to accommodate future growth. A users’ contact information is also used to get in touch with the user when necessary. Financial information that is collected is used to check our users’ qualifications and bill the user for products and services.

6.7 COPYRIGHT POLICY

Copyright. Without limiting any other remedies, Flxpoint may suspend or terminate your account if you are found to be infringing upon the copyright, trademark or other rights of third parties. Copyright, or Trademark owners can report infringing items, and have such items removed. Once the identity of a copyright or trademark owner is established, the owners may have limited access to some of your personally identifiable information as described in the Flxpoint Privacy Policy.

6.8 UPDATE POLICY

This site gives users the following options for changing and modifying information previously provided. Log in to account via http://www.flxpoint.com/ and upon entering registered email and password.

6.9 NOTICE TO RESIDENTS OF THE EUROPEAN ECONOMIC AREA

In accordance with applicable laws, you may have the right to request access to, rectification, and erasure of your personal information; restriction of processing of personal information; objecting to certain processing of personal information; and the right to data portability. Where any processing of personal information is solely dependent upon your consent, you have the right to withdraw such consent at any time. For example, we suggest by using any unsubscribe link contained in an applicable marketing message, or emailing us at support@flxpoint.com.

Where you believe that we have not processed your personal information in accordance with applicable laws, you may lodge a complaint with the respective supervisory authority or data protection regulator. The provision of personal information by you will be for contractual, marketing, or analytical purposes as referred to in this Privacy Policy.

To exercise your rights under these provisions, please contact us at the contact details below. When we receive your request, we may ask you to verify your identity before we can act on your request. We may withhold information where we are required by law to do so or the search for that information would require disproportionate effort or have a disproportionate effect to, for example, the cost of providing the information, the time it would take to retrieve the data, or how difficult it may be to obtain the information requested.

6.10 CONTACTING FLXPOINT

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact:

Flxpoint
320 1st St N
Jacksonville Beach, FL 32250
support@flxpoint.com

7. Warranty Disclaimer

THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Inventory Source, Inc. AND OUR SUPPLIERS OR DISTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. Inventory Source, Inc. AND OUR SUPPLIERS OR DISTRIBUTORS SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING WITHOUT LIMITATION:

(A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

(B) THAT THE APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;

(C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

(D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Inventory Source, Inc. OR OUR SUPPLIERS OR DISTRIBUTORS.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not fully apply to you. You may also have other legal rights which vary from state to state.

8. General Release

8.1 BECAUSE INVENTORY SOURCE, INC. AND OUR SUPPLIERS OR DISTRIBUTORS ARE NOT INVOLVED IN DEALINGS BETWEEN OUR USERS OR BETWEEN OUR USERS AND MARKETPLACE/WAREHOUSE USERS, IF A DISPUTE ARISES BETWEEN YOU AND ANOTHER PARTY, YOU RELEASE INVENTORY SOURCE, INC. (AND ITS AGENTS AND EMPLOYEES, SUPPLIERS AND DISTRIBUTORS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. FURTHER, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE 542 (OR ANY OTHER SIMILAR STATUTE) WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR A THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

8.2 YOU ACKNOWLEDGE AND AGREE THAT INVENTORY SOURCE, INC.. IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUPPLIERS OR YOUR SALES CHANNEL AS DEFINED BY AN APP URL OR MARKETPLACE ADDED IN YOUR INVENTORY SOURCE ORDER MANAGEMENT UTILITY, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY SERVICES, CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SUPPLIERS OR YOUR SALES CHANNELS. YOU AGREE THAT INVENTORY SOURCE, INC. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH SERVICES, CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS.

8.3 YOU ACKNOWLEDGE AND AGREE THAT INVENTORY SOURCE, INC. DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR INFORMATION PROVIDED BY OTHER USERS WHICH IS MADE AVAILABLE ON THE App. YOU MAY FIND OTHER USER’S INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU AGREE THAT INVENTORY SOURCE, INC. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH INFORMATION.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL INVENTORY SOURCE, INC.. OR THIRD PARTY INTEGRATED ENTITIES OR SALES CHANNELS USED IN THE INVENTORY SOURCE APP WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, CONTENT, FILES, PROFIT OR GOODWILL, OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE APP, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

10. Indemnity

You hereby agree to, at your own expense, indemnity, defend and hold Inventory Source, Inc. and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content on the App; (b) any fraud, manipulation, or other breach of this Agreement by you; (c) any third-party claim, action or allegation brought against Inventory Source, Inc. arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use, or Inventory Source, Inc.’s provision, of the Services or use of your account by any third party. Inventory Source, Inc. will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on Inventory Source, Inc.’s behalf without the prior written consent of Inventory Source, Inc..

11. Notices

Inventory Source, Inc. shall provide notice to you via email to the email address you provide in your registration information. Such notice shall be deemed given 24 hours after it is sent, or earlier if actually received by you earlier. Alternatively, Inventory Source, Inc. may choose to provide notice to you via certified or registered mail to the mailing address you provide in your registration information. In such case, notice shall be deemed given 3 days after the date of mailing. You shall provide notice to Inventory Source, Inc. via email to support@flxpoint.com.

12. Service Provider License

Inventory Source, Inc. shall have rights to use this project content, trademarks, and brand names in our portfolio, marketing materials, print materials, advertisements, in order to promote our Services.

13. Company Promotion

Inventory Source, Inc. may post web pages, blog articles, Tweets, Facebook posts and posts to other social media and social networking services regarding the project and customer’s brand with screenshots, and images about a project currently in development and post development. Additionally Inventory Source, Inc. may use projects as examples in any training or educational endeavors pursued by Inventory Source, Inc. or by its employees or agents on its behalf, to include blogs, books, lectures, and seminars, for free and for profit.

14. Termination

Notwithstanding the notice provision above, you may terminate this Agreement at any time by notifying Inventory Source, Inc. via email at support@flxpoint.com. During this process, you may be asked to contact 

Inventory Source, Inc. via telephone during normal business hours to complete the termination and to ensure that the termination process is completed quickly and effectively. If you were registered for any paid services, your last bill from Inventory Source, Inc. will be for the month in which you have canceled the service. Inventory Source, Inc., in its sole discretion, may terminate this Agreement or suspend or terminate your access to the App or the Services immediately without notice for any reason including, without limitation, for your infringement of the intellectual property rights of others. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, provisions related to intellectual property, warranty disclaimers, general releases, limitations of liability, indemnity and the general provisions.

15. General

This Agreement is not assignable, transferable or sublicensable by you without Inventory Source, Inc.’s prior written consent, and any such conveyance shall be null and void. Inventory Source, Inc. may assign this Agreement in whole or in part. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the Florida State and U.S. federal courts having within their jurisdiction the location of Inventory Source, Inc.’s principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.