Flipster

Terms of Use

This website (the “Site”) offers information regarding FLIPSTER Services.

FLIPSTER is a website provided to You by JLN Group, LLC and its related, affiliated and/or subsidiary companies (“Flipping Mastery”, “We”, “Us” or “Our”). The following user Agreement governs Site users’ (“Your” or “You”) access to and use of FLIPSTER and any other Content, including but not limited to the Members Only Training (collectively, "Content") available on or through the Site.

USER AGREEMENT

Please read through this user Agreement (“Agreement”) before accessing, using or browsing FLIPSTER Content or before selecting the “I AGREE” button associated with this Content or FLIPSTER services.

By accessing, browsing or using FLIPSTER Content or clicking on “I AGREE,” You, on behalf of Yourself or Your entity, as applicable, agree that:

  1. You have read and understand all of the terms of this Agreement;
  2. You agree to be bound by all of the terms of this Agreement;
  3. This Agreement is the legal equivalent of a written and signed contract between You and FLIPSTER; and
  4. If accessing, browsing or using FLIPSTER Content of behalf of an entity, You have full authority to bind Your entity to all of the terms of this Agreement.

If You cannot be bound or are not willing to be bound by this Agreement, then do not select the “I Agree” button associated with this Agreement or access, browse, or use FLIPSTER or access any of the Content. FLIPSTER does not grant You any right or license to access browse or use FLIPSTER or the Content without Your express consent to abide by the terms of this Agreement.

Proprietary Training

This Site contains proprietary training, systems and materials which may not be reproduced or shared for any reason with anyone except another member with fully paid dues. You agree by using the Content that You will not share, teach, train, publish, or in any other manner release the information and ideas herein to anyone other than as required to accomplish Your investing goals.

Multiple Options to Make Money

Our programs include multiple options for You to make money and we recommend You utilize all of those options while You are in a program. For example, our Power Flipper 3X and Lot Flipper Programs offer You the ability to wholesale deals that do not fit our criteria. Having the authority to wholesale deals with the help of our money gives You incredible flexibility to make money in our programs, so please take advantage of that option. Other options for making money are described in the training modules.

Changes

FLIPSTER reserves the right, at Our sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site and/or other training following the posting of any changes to this Agreement constitutes acceptance of those changes. FLIPSTER may also, in the future, offer new services and/or features through the Site or by using other methods (including, the release of new tools and resources). Such new features, trainings and/or services shall be subject to the terms and conditions of this Agreement, updates, changes, and Site downtime. The Site may at times operate slowly or become unavailable for use with or without notice due to the need to make updates, changes or for other reasons beyond Our control. As a part of this Agreement, You understand that such conditions are to be expected and thus agree to be patient while Our team makes changes or fixes any issues. In addition, You agree that because such outages or conditions are expected from time to time, there will be no adjustment whatsoever to the fees You have paid due to any such conditions.

Non Solicitation Covenant

You hereby covenant that during and upon termination of this Agreement, or and for a period of two (2) years after that You shall not do or cause or permit to be done any of the following: (a) induce or attempt to induce or influence any employee or independent contractor of FLIPSTER to terminate or alter his or her relationship with FLIPSTER; (b) induce or attempt to induce or influence any vendor supplying FLIPSTER to terminate or alter that relationship with FLIPSTER; or (c) induce or attempt to induce or influence any client of FLIPSTER to terminate or alter that relationship with FLIPSTER.

Non Disparagement

By participating in any training offered by FLIPSTER, You agree not to make any derogatory statements regarding the FLIPSTER, or the practices, skills, or procedures of the FLIPSTER in a public forum, the internet, or to a third party in any manner, whether written or verbal, in perpetuity. In the event You violate this Non-Disparagement portion of the Agreement, due to the fact that such disparagement can cause lasting and irreparable harm, You shall owe FLIPSTER a minimum of $50,000 as an initial penalty or $10,000 per person who reads or is otherwise exposed to such disparagement (whichever is greater) in addition to any other damages FLIPSTER may have incurred in costs or damage to its reputation and/or goodwill including all costs of enforcing the terms of this Agreement.

Termination

In Our sole option, Your access to all or any part of the Site may be terminated at any time, with or without cause, with or without notice, effective immediately. Violation of this Agreement will result in immediate termination of Your access to all or any part of the Site and You will not get a refund. In the unlikely case of such termination, Your ongoing access payments will also terminate. If You wish to terminate Your access to the Site, training materials or systems, You may receive instructions for how to do so by accessing the account tab found on the Member’s Only Training Site at any point in time under the following conditions and limitations: Previous Payments – if You meet the terms of a guaranty (see below) all payments of any type are 100% non-refundable at the time they are made. Regardless of Your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if You close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of Our customer base. This means that there are no prorations, refunds or credits issued for any reason whatsoever. While this is a strict policy, it is a necessary component as it allows Us to provide You with access to the Site under the existing pricing structure. Any exceptions to this policy would require additional support staffing, which would increase the cost to all members beyond the current pricing structure for You to access the Site. Because of this, You may cancel Your payment plan (if You have one) prior to Your billing date, however Your access to the Site will immediately stop once You cancel Your payment plan. In addition to this, Your access to any bonus materials or training that were included with Your access to the Member’s Training Site will also no longer be available once You cancel.

Money Back Guarantees:

Power Flipper 3X – You must submit at least one passing deal in the Deal Genie each 30 days for Your first 90 days in the program to qualify for a refund.

Lot Flipper Guarantee – You must submit at least one passing deal in the Deal Genie each 30 days for Your first 90 days in the program to qualify for a refund.

Note Flipper – You must submit at least one passing deal in the Deal Genie each 30 days for Your first 90 days in the program to qualify for a refund.

6 Figure Flips – There is a 10-day unconditional money back guarantee in this program. After 10 days there are absolutely no refunds in this program.

Quick Wholesale Profits – There is a 30-day unconditional money back guarantee in this program. After 30 days there are absolutely no refunds in this program.

10K Club - You must submit at least one passing deal in the Deal Genie each 30 days for Your first 90 days in the program to qualify for a refund.

Zero to 60 - There is a 10-day unconditional money back guarantee in this program. After 10 days there are absolutely no refunds in this program.

Craigslist Flipper - There is a 3-day unconditional refund policy for this software. After 3 days there is a 90-day conditional money back guarantee. To be eligible for the guarantee, all You need to do is make at least one offer per month within the first 90 days (3 offers total).

Inner Circle - We offer a 30-day refund/return policy, no questions asked. You may request a refund within 30 days of purchase. If You purchased a physical product that We shipped to You, You may be required to return the entire product back to Us before we process Your refund.

Limitations of Cancellation: When You cancel or return any of FLIPSTER'S products/services or any its Affiliated products/services, You understand and agree to a limit of one product cancellation, refund or exchange within the next 12 month period, beginning on the date of the cancel request (no exceptions).

Changing Guarantees: Once You are past the refund period for the original program You ordered, You cannot switch programs and get a new money back guarantee; You are legally bound to the original guarantee You agreed to with the program You ordered.

Talent Release and Success Confirmation

As part of Your participation in FLIPSTER training and deal finding, You hereby grant Us the unrestricted use of Your success story, including Your name and all other details for use in Our training, marketing and other uses as needed. As a condition of receiving payment from FLIPSTER, You hereby agree to provide Us with a photo of yourself and a short video explaining how You found Your deal(s) and how FLIPSTER helped to change Your life.

Testimonial and Typical Results Disclosure

We take pride in Our products, services and recommendations, and want Our visitors to get the maximum positive results from their purchases, whether this be in direct profit, education or peace of mind. In this light, We believe it’s important for You to understand the following facts before making a purchase from any of Our Sites, or any Site We may refer You to through third party links: FINANCIAL RELATIONSHIPS WITH ENDORSERS: If another website or person referred You to Our Site via a tracking link, they may receive a commission on any products or services You purchase. Because of this financial relationship, You should not rely solely on their endorsement in making a purchase decision and must exercise due diligence in evaluating Our products and services using information obtained beyond their specific endorsements and the sales Site in particular.

Short Message Service (SMS Text Messaging)

If You provide Your phone number, You agree to occasionally receive SMS offers from FLIPSTER. Message and data rates may apply. By participating, You consent to receive text messages sent by an automatic telephone dialing system. Consent to these terms is not a condition of purchase. Text "STOP" to opt out. Text "HELP" for help. Privacy Notice: We take Your privacy seriously and will not share Your information with others. Our Privacy Notice is incorporated into this Agreement by reference and may be found here.

GENERALLY EXPECTED RESULTS FROM OUR PRODUCTS AND SERVICES:

NOTE FROM US:

WE BOTH KNOW THAT JUST BECAUSE JERRY NORTON TESTED SOME COOL TECHNIQUES AND STRATEGIES AND MADE A BUNCH OF MONEY DOESN’T MEAN (OR IMPLY) THAT THE SAME WILL HAPPEN TO YOU OR ANYBODY ELSE.

JERRY HAS BEEN DOING THIS FULL-TIME FOR 10 YEARS AND IT TOOK A LOT OF VERY VERY HARD WORK TO GET TO WHERE HE IS TODAY.

THERE IS NO PRODUCT, WEBINAR, SEMINAR, GURU, COACHING PROGRAM, POTION OR ANYTHING ELSE THAT WILL MAKE YOU SUCCESSFUL.

YOU HAVE TO WORK LIKE A PSYCHOTIC ANIMAL RELENTLESSLY REACHING FOR YOUR GOALS.

THE ONLY GUARANTEE YOU CAN COUNT ON IS THIS: YOU MIGHT EXPERIENCE HARDSHIP. YOU MIGHT EXPERIENCE FAILURE. YOU MIGHT EXPERIENCE DISAPPOINTMENT. IT IS IN THE MOMENTS THAT YOU GET UP, BRUSH YOURSELF OFF, AND CLIMB BACK INTO THE RING TO CONTINUE FIGHTING THAT YOU WILL FIND SUCCESS.

THE GOOD NEWS IS WITH OUR TEAM AND SYSTEM, YOU ALREADY HAVE WAY MORE THAN WHEN JERRY NORTON HAD WHEN HE GOT STARTED – YOU CAN DO THIS!

Please also be sure You have reviewed our Disclaimers here.

Forms and Contracts

By downloading any of the forms, contracts and/or paperwork, You understand that such forms, contracts and/or paperwork are provided for Your convenience and You understand that real-estate law is governed state by state, and laws and regulations change from time to time. You also understand that You may seek legal and professional advice before using said forms, contracts and/or paperwork and You agree to hereby hold Us harmless from any liability by using said forms, contracts and/or paperwork.

SUBMISSIONS

All comments, concepts, feedback, graphics, ideas, illustrations, remarks, suggestions and other materials that You communicate to FLIPSTER (collectively, the “Submissions”) become the property of FLIPSTER and You waive any and all rights, except moral rights, if applicable. Further, You hereby forever assign all rights in regards to the Submissions, now known or future existing.

FLIPSTER will not be required to treat any Submissions as confidential and will not be liable for any of its business ideas (including and not limited to product or advertising ideas) and will not incur any liability as a result of any similarities (whether actual or perceived) that may or may not appear in future FLIPSTER operations or other business ventures. Except as otherwise provided for in this Agreement, FLIPSTER will have full right of use for the Submission for any commercial or other purpose in its sole discretion without compensation to You.

Any Submissions You provide are voluntary. You are responsible for the Content of the Submissions and agree to defend (at FLIPSTER’S sole option and discretion), indemnify and hold FLIPSTER harmless from any costs, damages, losses, or expenses including attorney’s fees, which FLIPSTER may incur as a result of Your Submissions.

You also agree that You are responsible to the full extent under the law for all activities that occur under Your account whether or not You are the individual or other entity who undertakes such activities. This includes any unauthorized access or use of Your account on either a personal or public computer system.

FLIPSTER retains the right to review and/or delete faulty, illegal, offensive, suspicious or other inappropriate Submissions that violate the terms and conditions of this Agreement.

AGE

You must be at least 18 years of age to use the FLIPSTER Site and any Content or Licensed Content.

USER ID AND PASSWORDS

Access to certain areas of FLIPSTER or the Content may be limited by a user identifier ("User ID") and password, which are selected as part of the registering for a subscription with FLIPSTER. By registering, You covenant, represent, and warrant that: (i) You are at least 18 years of age; (ii) You are using Your actual identity; (iii) You have provided only accurate, complete, current and true information about Yourself during the registration process; and (iv) You will maintain and promptly update the information that You provide to keep it accurate, complete, current and true.

By logging into Your subscription account using any password, You covenant, represent, and warrant that You are authorized to use such password and to engage in the activities that You conduct with the subscription account. You agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through Your subscription account. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password.

FLIPSTER reserves the right to deny, revoke or prevent access to FLIPSTER, or any part thereof, at any time in Our sole discretion, with or without cause. Your access to FLIPSTER will terminate upon the termination of this Agreement for any reason. If You wish to cancel a password, or if You become aware of any loss, theft or unauthorized use of a password, please notify FLIPSTER immediately.

You may choose to access some of the Content of FLIPSTER without creating a User ID and password or subscription account. By accessing, using or browsing FLIPSTER or any of the Content, You are agreeing to be bound by all the terms and conditions of this Agreement.

SITE MONITORING

FLIPSTER may monitor or review any areas on FLIPSTER where You or other users convey, transmit or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness and suitability of use. However, FLIPSTER does not undertake to screen or review every post, communication or Submission; and FLIPSTER disclaims any liability related to the Content of any post, communication or Submission, whether or not arising under the laws of copyright, libel, obscenity, privacy, trademark or otherwise.

While FLIPSTER may monitor the Content of the communications from time to time, FLIPSTER does not agree with, encourage, endorse, sanction, support, verify the comments, opinions or Submissions posted on FLIPSTER. Any information or material placed online, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of FLIPSTER, its officers, managers, owners, employees, agents, designees or other users. FLIPSTER, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.

FLIPSTER may disclose any records, electronic communications, information, materials or other Content of any kind (i) if FLIPSTER believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate FLIPSTER; or (iii) to protect the rights or property of FLIPSTER, its users or business partners. However, We are not responsible for editing, monitoring, policing or screening FLIPSTER.

INTERACTIVE AREAS

FLIPSTER may, at its discretion, edit, monitor or review any areas of FLIPSTER where You transmit or post communications or communicate with FLIPSTER or other users, including, but not limited to blogs, bulletin boards, chat rooms, forums, instant messaging sessions, newsgroups and other user-interactive areas (collectively "User-Interactive Areas"), and the Content or any such communications. FLIPSTER, however, will have no liability related to the Content of any such communications, whether or not arising under laws of copyright, libel, obscenity, privacy, trademark or otherwise.

If You submit any material to any of the User-Interactive Areas, You agree and represent that Your material: (i) is not offensive, obscene, or otherwise contrary to the laws of where such User-Interactive Areas may be accessed; (ii) is the original work of Your authorship or that You have the right to make the Submission without violating the copyright, trademark, patent or other intellectual property rights of any person or entity; and, (iii) is true and truthful and does not constitute libel, slander, invasion of privacy, defamation or any violation of law.

FLIPSTER retains the right to remove communications that include any material deemed abusive, offensive, obscene, defamatory, faulty or otherwise inappropriate. Thus, if notified of an allegation that FLIPSTER contains damaging, defamatory, electronic communications, illegal or offensive records, information, infringing, materials or other Content, FLIPSTER may, in its sole discretion, investigate the allegation and determine whether to remove or request the removal of the same from FLIPSTER. Notices to FLIPSTER regarding any alleged copyright infringement should be sent to [email protected]

PRIVACY NOTICE

You may find our Privacy Notice here.

COPYRIGHT

Except as otherwise provide for herein, FLIPSTER and the Content contained and referenced herein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited. If You wish to reproduce any of the Content contained herein, please send e-mail request to [email protected]

TRADEMARKS

“FLIPSTER" is a service mark of FLIPSTER, and except as provided in this Agreement, FLIPSTER does not grant You any rights thereunder. As such, FLIPSTER and FLIPSTER may not be used in any way varying with the provisions of this Agreement, without the prior written permission of FLIPSTER.

All other company names, domain names, logos, service marks, trademarks (collectively "Other Trademarks") referred to on FLIPSTER are company names, domain names, logos, service marks or trademarks of, or are otherwise the property of FLIPSTER or its affiliates or licensors. In countries where any of the FLIPSTER and FLIPSTER company names, domain names, logos, service marks or trademarks are not registered, FLIPSTER claims other rights associated with company names, domain names, logos, service marks or unregistered trademarks. Other company names, domain names, logos, service marks, trademarks referred to on FLIPSTER may be trademarks of their respective owners.

OTHER INTELLECTUAL PROPERTY RIGHTS

All interest, right and title in and to the Content, and all intellectual property rights embodied therein, are the property of FLIPSTER or its affiliates, licensors or suppliers.

Without limiting the foregoing, with respect to the databases ("Databases") used to store the Content and Submissions, You agree and acknowledge that:

  1. The Content, Submissions, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to FLIPSTER, and that no proprietary rights are being transferred to You in such materials or in any of the Content contained therein;
  2. You will not, either indirectly or directly, use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
  3. You will not, directly or indirectly, use the Content, Submissions, Databases and any other information contained therein to compile mailing lists or other lists of food manufacturers or retailers for commercial purposes;
  4. You will not, either indirectly or directly, use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
  5. You will not, either indirectly or directly, use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations;
  6. You shall not publish or distribute in any medium Content, Submissions, Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity;
  7. In the event of any misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause serious damage to FLIPSTER and that in such event money damages may not constitute sufficient compensation to FLIPSTER; consequently; and
  8. In the event of any misappropriation or misuse, FLIPSTER shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which FLIPSTER may be entitled.

In addition, You acknowledge that the Content, Submissions, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.

NOTICE OF ENFORCEMENT

FLIPSTER robustly enforces our intellectual property rights to the fullest extent under the law. Except as specifically contained herein, FLIPSTER will prosecute any unauthorized use or reproduction of any of the Content, Submissions, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

LINKS

On FLIPSTER, links to other internet addresses (“External Sites”) can be accessed. Such External Sites contain information created, maintained, published, or otherwise posted by organizations independent of FLIPSTER. FLIPSTER does not approve, certify, endorse, maintain, or control these External Sites and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located at such External Sites. FLIPSTER provides the links only as a convenience. Use of any information obtained from such External Sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, timeliness or correct sequencing of information. Neither the inclusion of the link in FLIPSTER nor reference therein to any specific commercial product, process or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation or favoring by FLIPSTER.

There may be circumstances where access to FLIPSTER is provided by a link located at an External Site. FLIPSTER has no responsibility for the Content of such other website. FLIPSTER does not make any representations or give any warranties or conditions with respect to any information contained in or at such other External Sites and FLIPSTER shall not be liable for any damages or injury arising from the Content of or access to any External Site. FLIPSTER does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to FLIPSTER. Unless approved in writing in advance by FLIPSTER, You agree not to create any frames at any other websites pertaining to any of the Content located at FLIPSTER.

DISCLAIMERS

FLIPSTER AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. FLIPSTER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. FLIPSTER AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. FLIPSTER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH FLIPSTER.

FLIPSTER DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT FLIPSTER AND YOUR USE OF FLIPSTER WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FLIPSTER OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLIPSTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF FLIPSTER AND/OR THE CONTENT IN TERMS OF THEIR ACCURACY, APPLICABILITY, CORRECTNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT FLIPSTER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF FLIPSTER AND THE CONTENT IS AT YOUR OWN RISK.

LIMITATIONS ON LIABILITY

FLIPSTER WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF FLIPSTER AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY COMPUTER VIRUS, DEFECT, DELAY IN OPERATION OF TRANSMISSION, ERROR, FAILURE OF PERFORMANCE, INTERRUPTION, OMISSION, OR LINE FAILURE. FLIPSTER WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, FLIPSTER AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH FLIPSTER, EVEN IF THERE IS NEGLIGENCE BY FLIPSTER OR BY AN AUTHORIZED FLIPSTER REPRESENTATIVE, OR AN AUTHORIZED FLIPSTER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. FLIPSTER’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO FLIPSTER, IF ANY, TO ACCESS FLIPSTER OR ACCESS THE LICENSED CONTENT.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FLIPSTER, ITS OFFICERS, DIRECTORS EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL ATTORNEYS’ FEES, CLAIMS, COSTS AND EXPENSES, DAMAGES, INJURIES, LIABILITIES, LOSSES, PROCEEDINGS, RELATING TO OR ARISING FROM:

  1. YOUR USE OF FLIPSTER AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH FLIPSTER;
  2. ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH FLIPSTER;
  3. ANY BREACH BY YOU OF THIS USER AGREEMENT;
  4. AND ANY ACTIVITY RELATED TO YOUR SERVICE ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR FLIPSTER ACCOUNT.

RELEASE FOR FORCE MAJURE

You absolve and release FLIPSTER and its affiliates from any claim of harm resulting from any cause(s) over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

TERM AND TERMINATION

This Agreement will take effect at the time You click "I Agree" or access, browse or use FLIPSTER or any of the Content, and continues in perpetuity unless terminated by You and/or FLIPSTER. FLIPSTER reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to FLIPSTER and any of the Content; (ii) to change, remove or discontinue any of the Content or services available on or through FLIPSTER; or (iii) to terminate this Agreement.

You may terminate this Agreement at any time by destroying: (a) all of the Content obtained from FLIPSTER, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, and upon FLIPSTER'S request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive will survive the termination or expiration of this Agreement for any reason.

NOTICES

Any notice or other document or communication required or permitted hereunder to FLIPSTER will be deemed to have been duly given only if in writing and delivered by email to [email protected] and receipt acknowledged by FLIPSTER. Notices to FLIPSTER shall be deemed delivered when actually received by FLIPSTER.

Any notice or other document or communication required or permitted hereunder to You will be sent to the e-mail address that You provide to Us when You register. Such notice will be deemed received by You the next business day after the e-mail is sent.

Should You elect to send or receive e-mail communications of any kind to or from FLIPSTER, You represent and warrant to FLIPSTER that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.

JURISDICTION; COMPLIANCE WITH LAWS

Except as described otherwise, FLIPSTER controls and operates FLIPSTER from the United States of America and makes no representation that the Content is appropriate or available for use in other locations. If You use FLIPSTER from other locations, You are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria or Yugoslavia; (b) to anyone in the U.S. Treasury Department's Specially Designated national list, or (c) to anyone on the U.S. Commerce Department's Table of Denial Orders. If You download or use the Content You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.

Access, browsing and use of FLIPSTER, the Content and the terms and conditions of the user Agreement are governed by U.S. federal law and/or the laws of the State of Arizona, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.

SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO OR USE OF THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF ARIZONA, U.S.A.; YOU AND FLIPSTER AGREE TO SUBMIT TO THE JURISDICTION OF ARIZONA, AND AGREE THAT VENUE IS PROPER IN ARIZONA, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

ARBITRATION

Any controversy or dispute between You and FLIPSTER (“Party or Parties”) concerning FLIPSTER or the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Arizona. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the Parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during or after arbitration, each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court, including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either Party's right to compel arbitration.

WAIVER

No delay or omission by FLIPSTER to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by FLIPSTER of any of the agreements, covenants, or conditions to be performed by You will not be construed to be a waiver of any succeeding breach thereof, or of any covenant, condition or agreement herein contained.

SEVERABILITY

Any of the provisions in this Agreement that are found to be unenforceable or invalid, the remainder of the Agreement shall remain in full force.

INDEPENDENT CONTRACTOR

FLIPSTER is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between You and FLIPSTER.

CONTINUED USE DEEMED ACCEPTANCE

FLIPSTER reserves the right, at its sole discretion, to change, alter, amend or otherwise modify this Agreement from time to time. All modifications will be posted on the Site and such modifications will become effective immediately upon the posting thereof. After any such modification becomes effective, FLIPSTER will deem Your continued use of FLIPSTER or any of the Content to constitute Your acceptance of and agreement to such modification. It is Your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications.

ENTIRE AGREEMENT

This document constitutes the entirety of this Agreement between You and FLIPSTER and Your use of FLIPSTER. Any and all discussions prior to this document, entered into agreements are terminated and cancelled in their entity have no force or effect in law.