Terms of Service

Last updated May 23, 2024

AGREEMENT TO OUR
LEGAL TERMS

We are Fluffy Systems LLC, doing business as Team OffBroadway (“Company,”
“we,” “us,” “our”), a company registered in Maryland, United States

We operate the website https://teamoffbroadway.com (the “Site”), as well
as any other related products and services that refer or link to
these legal terms (the “Legal Terms”) (collectively, the
“Services”).

We design and sell game console modifications.

You can contact us by email at admin@flippydrive.com

These Legal Terms
constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”), and Fluffy
Systems LLC, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms
and conditions or documents that may be posted on the Services from
time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or
modifications to these Legal Terms from time to time. We will alert
you about any changes by updating the “Last updated” date
of these Legal Terms, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically
review these Legal Terms to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are
posted.

The Services are intended for users who are at least 18 years old. Persons under the
age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. SOCIAL MEDIA
12. THIRD-PARTY WEBSITES AND CONTENT
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS
26. MISCELLANEOUS
27. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent permissible by applicable law, waive any and all moral rights to any such Submission; warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the
Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the
legal capacity and you agree to comply with these Legal Terms; (4)
you are not a minor in the jurisdiction in which you reside; (5) you
will not access the Services through automated or non-human means,
whether through a bot, script or otherwise; (6) you will not use the
Services for any illegal or unauthorized purpose; and (7) your use of
the Services will not violate any applicable law or regulation.

If you provide any
information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any
and all current or future use of the Services (or any portion
thereof).

4. USER REGISTRATION

You may be required
to register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that
such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort
to display as accurately as possible the colors, features,
specifications, and details of the products available on the
Services. However, we do not guarantee that the colors, features,
specifications, and details of the products will be accurate,
complete, reliable, current, or free of other errors, and your
electronic display may not accurately reflect the actual colors and
details of the products. All products are subject to availability,
and we cannot guarantee that items will be in stock. We reserve the
right to discontinue any products at any time for any reason. Prices
for all products are subject to change.

6. PURCHASES AND
PAYMENT

We accept the
following forms of payment:

– Visa- Mastercard- American Express- Discover- PayPal

You agree to provide
current, complete, and accurate purchase and account information for
all purchases made via the Services. You further agree to promptly
update account and payment information, including email address,
payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will
be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in US dollars.

You agree to pay all
charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen
payment provider for any such amounts upon placing your order. We
reserve the right to correct any errors or mistakes in pricing, even
if we have already requested or received payment.

We reserve the right
to refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed
by or under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.

7. RETURN POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

8. PROHIBITED
ACTIVITIES

You may not access
or use the Services for any purpose other than that for which we make
the Services available. The Services may not be used in connection
with any commercial endeavors except those that are specifically
endorsed or approved by us.

As a user of the
Services, you agree not to:

Systematically
retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database,
or directory without written permission from us. Trick, defraud,
or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords. Circumvent,
disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the
Services and/or the Content contained therein. Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any
information obtained from the Services in order to harass, abuse, or
harm another person. Make improper
use of our support services or submit false reports of abuse or
misconduct. Use the Services
in a manner inconsistent with any applicable laws or regulations. Engage in
unauthorized framing of or linking to the Services. 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 Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Services. 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. Delete the
copyright or other proprietary rights notice from any Content. Attempt to
impersonate another user or person or use the username of another
user. Upload or
transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”). Interfere with,
disrupt, or create an undue burden on the Services or the networks or
services connected to the Services. Harass, annoy,
intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you. Attempt to
bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the Services. Copy or adapt
the Services’ software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code. 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 Services. 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
offline reader that accesses the Services, or use or launch any
unauthorized script or other software. Use a buying
agent or purchasing agent to make purchases on the Services. Make any
unauthorized use of the Services, 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. Use the Services
as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavor or
commercial enterprise.



9. USER GENERATED
CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with
the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on
the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Services and
through third-party websites. As such, any Contributions you transmit
may be treated in accordance with the Services’ Privacy Policy. When
you create or make available any Contributions, you thereby represent
and warrant that:


The creation,
distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights of
any third party. You are the
creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Services, and other users of the Services to use your Contributions
in any manner contemplated by the Services and these Legal Terms. You have the
written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name
or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms. Your
Contributions are not false, inaccurate, or misleading.
Your
Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation. Your
Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone. Your
Contributions are not used to harass or threaten (in the legal sense
of those terms) any other person and to promote violence against a
specific person or class of people. Your
Contributions do not violate any applicable law, regulation, or rule. Your
Contributions do not violate the privacy or publicity rights of any
third party. Your
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or
well-being of minors. Your
Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap. Your
Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law
or regulation.

Any use of the
Services in violation of the foregoing violates these Legal Terms and
may result in, among other things, termination or suspension of your
rights to use the Services.

10. CONTRIBUTION
LICENSE

You and Services
agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy
Policy and your choices (including settings).

By submitting
suggestions or other feedback regarding the Services, you agree that
we can use and share such feedback for any purpose without
compensation to you.

We do not assert any
ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely
responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.

11. SOCIAL MEDIA

As part of the
functionality of the Services, you may link your account with online
accounts you have with third-party service providers (each such
account, a “Third-Party Account”) by either: (1) providing
your Third-Party Account login information through the Services; or
(2) allowing us to access your Third-Party Account, as is permitted
under the applicable terms and conditions that govern your use of
each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party Account, without breach by
you of any of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the
third-party service provider of the Third-Party Account. By granting
us access to any Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that
you have provided to and stored in your Third-Party Account (the
“Social Network Content”) so that it is available on and
through the Services via your account, including without limitation
any friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the
Services. Please note that if a Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account
is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the
Services. You will have the ability to disable the connection between
your account on the Services and your Third-Party Accounts at any
time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social Network
Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate the
connection between the Services and your Third-Party Account by
contacting us using the contact information below or through your
account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such
Third-Party Account, except the username and profile picture that
become associated with your account.

12. THIRD-PARTY
WEBSITES AND CONTENT

The Services may
contain (or you may be sent via the Site) links to other websites
(“Third-Party Websites”) as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Services or any Third-Party Content
posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content. Inclusion of,
linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and
access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these
Legal Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any
applications you use or install from the Services. Any purchases you
make through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us blameless
from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.

13. SERVICES
MANAGEMENT

We reserve the
right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services
or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.

14. PRIVACY POLICY

We care about data
privacy and security. Please review our Privacy Policy:
https://teamoffbroadway.com/privacy-policy-2/. By using the Services,
you agree to be bound by our Privacy Policy, which is incorporated
into these Legal Terms. Please be advised the Services are hosted in
the United States. If you access the Services from any other region
of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in
the United States, then through your continued use of the Services,
you are transferring your data to the United States, and you
expressly consent to have your data transferred to and processed in
the United States.

15. TERM AND
TERMINATION

These Legal Terms
shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or
suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate
legal action, including without limitation pursuing civil, criminal,
and injunctive redress.

16. MODIFICATIONS
AND INTERRUPTIONS

We reserve the right
to change, modify, or remove the contents of the Services at any time
or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We also
reserve the right to modify or discontinue all or part of the
Services without notice at any time. We will not be liable to you or
any third party for any modification, price change, suspension, or
discontinuance of the Services.

We cannot guarantee
the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Legal Terms
and your use of the Services are governed by and construed in
accordance with the laws of the State of Maryland applicable to
agreements made and to be entirely performed within the State of
Maryland, without regard to its conflict of law principles.

18. DISPUTE
RESOLUTION

Informal
Negotiations

To expedite
resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a “Dispute” and
collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”),
the Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other
Party.

Binding Arbitration

If the Parties are
unable to resolve a Dispute through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be
finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association (“AAA”) and, where
appropriate, the AAA’s Supplementary Procedures for Consumer
Related Disputes (“AAA Consumer Rules”), both of which are
available at the American Arbitration Association (AAA) website. Your
arbitration fees and your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. If such costs are determined by the
arbitrator to be excessive, we will pay all arbitration fees and
expenses. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will
make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator
fails to do so. Except where otherwise required by the applicable AAA
rules or applicable law, the arbitration will take place in
Baltimore, Maryland. Except as otherwise provided herein, the Parties
may litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the
award entered by the arbitrator.

If for any reason, a
Dispute proceeds in court rather than arbitration, the Dispute shall
be commenced or prosecuted in the state and federal courts located
in Baltimore, Maryland, and the Parties hereby consent to, and waive
all defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in such state and
federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from these
Legal Terms.

In no event shall
any Dispute brought by either Party related in any way to the
Services be commenced more than one (1) years after the cause of
action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction
of that court.

Restrictions

The Parties agree
that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or
any other persons.

Exceptions to
Informal Negotiations and Arbitration

The Parties agree
that the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction
of that court.

19. CORRECTIONS

There may be
information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior
notice.

20. DISCLAIMER

THE SERVICES ARE
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE
OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED
TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO US DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE
OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION

You agree to defend,
indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) use of the Services;
(2) breach of these Legal Terms; (3) any breach of your
representations and warranties set forth in these Legal Terms; (4)
your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Services with whom you connected via the
Services. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming
aware of it.

23. USER DATA

We will maintain
certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to
your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.

24. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the
Services, sending us emails, and completing online 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 email and on the Services, 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 SERVICES. You
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by
any means other than electronic means.

25. CALIFORNIA USERS
AND RESIDENTS

If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by
telephone at (800) 952-5210 or (916) 445-1254.

26. MISCELLANEOUS

These Legal Terms
and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce
any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the
fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision
or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal
Terms or use of the Services. You agree that these Legal Terms will
not be construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the
parties hereto to execute these Legal Terms.

27. CONTACT US

In order to resolve
a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:

admin@flippydrive.com