These terms and conditions (“Terms”) are a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and FloWorks International, LLC, and all or any its subsidiary companies and any companies associated with it by virtue of the fact they are in the same common ownership (“FloWorks,” “we,” or “us”) for the access to and use of the websites floworkspvf.com, sunbeltsupply.com, which include text, media, documentation, pictures and other content (collectively, the “Website”).
By accessing or using the Website, you agree to be bound by these Terms, including the warranty disclaimers and limitation of liability provisions below. If you do not understand or agree to these Terms, do not access or use the Website and please exit the Website now.
1. Information You Provide
2. Accessing the Website
When retrieving information from the Website, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for an ordinary single use of the Website, (c) accessing data not intended for you, or (d) accessing the Website for the purpose of competing with FloWorks or its affiliates.
Use of the Website may require a login and password that you will create (your “ID”). For example, use of the Secured System and Storefront Login are subject to creation of an ID. You are responsible for maintaining the confidentiality of your ID, and you are fully and solely responsible for all activities that occur under your ID. It is up to you to take adequate precautions with your ID, and to immediately notify FloWorks of any unauthorized use of your ID.
By accessing or using the Website, you:
- Represent and warrant that you are legally entitled to enter into these Terms.
- Represent and warrant that you are at least 18 years old.
By accessing or using the Website, you also agree that:
- You shall provide accurate, true and current information as prompted during the account registration process and shall keep it current at all times.
- You shall not allow any other person or entity to access or use your account.
- You shall comply with all state and local laws of each location in which you access the Website.
- You shall be solely responsible for all activity associated with your account, including any uploaded data, text, images, audio, video, or any other content (collectively, the “Content”).
- You represent and warrant that all Content that you upload to the Website shall be your wholly original material (except for material that you are using with the permission of its owner), and does not infringe or violate any copyright, trademark or other rights of any third party including any rights of privacy or publicity.
- You shall be solely responsible for keeping a duplicate copy of all Content; we do not accept any responsibility or liability for the loss of your Content.
- You shall not share your password or any other login credentials with any other person or publicly disclose it.
- You shall not use the Website for any illegal or unauthorized purpose.
- You shall not transmit worms, viruses or any code of a destructive nature to FloWorks, other users, or third parties through the Website.
- You shall not use the Website to abuse, harass, threaten, harm or impersonate other FloWorks users or employees of any FloWorks Entities or any of its partners, at any time or for any reason.
- You shall not post Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct.
- You shall not access or attempt to access the Secured System unless you are granted access as an Investor by FloWorks.
- You shall not use the Secured System on the “Investor Relations” page of the Website if you are a competitor of the FloWorks Entities or a person working on behalf of a competitor of the FloWorks Entities. You shall not use the Secured System for the purpose of obtaining information in order to compete or assist third parties in competing with the FloWorks Entities.
- You shall not: (1) copy, reproduce or retransmit any part of the documents contained on the Secured System or transmitted through the FloWorks Entities’ periodic conference calls, and (2) distribute or transmit any part of such materials or disclose any of their contents to anyone, unless expressly authorized by FloWorks.
- Except as expressly provided in these Terms, any reproduction, display or other dissemination of information or content contained in this Website is strictly prohibited and constitutes copyright infringement.
Any violation of these Terms may result in, among other things, termination or suspension of your rights to use your ID and/or the Website. FloWorks reserves the right to monitor your use of the Website to ensure your compliance with these Terms, or pursuant to a court, administrative, or governmental order. Furthermore, we reserve the right to deactivate or suspend your use of the Website for any reason.
3. Intellectual Property Rights
The copyrights and other intellectual property in the Website are owned by FloWorks and its licensors. This includes the words “FloWorks” and the “FloWorks” logo, which are both trademarks of FloWorks. Subject to your compliance with these Terms, including Section 2 above, you are authorized to view, store, print, copy, and distribute the pages, data, text, images, audio, video, or other content within the Website for non-commercial use within your organization only. This right is non-transferable and non-sublicensable. All other rights are reserved. You may print off pages of the Website strictly for personal use; however if you do so, you agree that you do not acquire any ownership rights in any of that material. You may not copy, distribute, transmit, publish, sell, transfer, create derivative works of, or otherwise exploit any such material that you print off. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution.
By uploading Content to the Website, you hereby grant FloWorks a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Content when operating the Website, and for FloWorks’ internal business purposes.
You acknowledge that use of the Website may involve fees charged by FloWorks, such as products purchased through the private “Storefront Login” page. Pricing information displayed on the Website is subject to change. FloWorks may increase or decrease fees as it deems necessary. All fees are non-refundable and shall be paid by you immediately when due.
5. Third Party Websites; Third Party Services
6. Disclaimers; Limitation of Liability
FloWorks provides information through this Website. While FloWorks has undertaken efforts to provide accurate information, it is not comprehensive and FloWorks makes no commitment to update the information at any particular time. Information on the Website may also be changed at any time without notice. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. Any decisions you make based on information contained in this Website are your sole responsibility. FloWorks cannot guarantee the security of the Website and makes no representations or warranties as to whether the Website is free of any viruses or other forms of data corruption. You choose to access and/or use the Website at your own risk.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FLOWORKS OR ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “FLOWORKS ENTITIES”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE WEBSITE SHALL BE TO REQUEST THAT FLOWORKS CORRECT THE MATTER OR, IF FLOWORKS FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE, OR FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. FLOWORKS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED, OFFERED OR SHIPPED BY A THIRD PARTY THROUGH THE WEBSITE, OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FLOWORKS WILL NOT BE A PARTY TO AND IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NOTWITHSTANDING THE FOREGOING, FLOWORKS SHALL PASS THROUGH TO YOU ANY TRANSFERABLE MANUFACTURER’S STANDARD WARRANTIES WITH RESPECT TO ANY PRODUCTS PURCHASED THROUGH THE WEBSITE. YOUR SOLE AND EXCLUSIVE WARRANTY IS THAT PROVIDED BY THE PRODUCTS’ MANUFACTURER. YOU SHALL SEEK RECOURSE EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION WITH ANY DEFECTS IN OR FAILURES OF SUCH PRODUCTS, AND THIS SHALL BE YOUR EXCLUSIVE RECOURSE FOR DEFECTIVE PRODUCTS, WHETHER YOUR CLAIM SOUNDS IN CONTRACT, TORT, STRICT LIABILITY, PURSUANT TO STATUTE, OR FOR NEGLIGENCE. YOU SHALL PASS THESE TERMS TO SUBSEQUENT BUYERS AND USERS OF SUCH PRODUCTS. FLOWORKS EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO SUCH PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FLOWORKS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (C) ANY CLAIM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER OF ANY PRODUCTS ADVERTISED, OFFERED OR SHIPPED BY A THIRD PARTY THROUGH THE WEBSITE.
7. Controlling Law; Venue
These Terms and any action related to the access or use of the Website will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in Harris County, Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the State of Texas (excluding its choice of law provisions that would apply the laws of another jurisdictions).
8. Entire Agreement; No Third Party Beneficiaries
If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may revise these Terms from time to time, and the most current version will be at http://www.gofloworks.com/website-terms-of-use/. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms. We do not assume any obligation to notify you of changes to these Terms.
The headings used in these Terms are for convenience only and have no legal meaning or effect. Terms defined in the singular have the corresponding meanings in the plural, and vice versa. Unless the context of these Terms clearly requires otherwise, words importing the masculine gender include the feminine and neutral genders and vice versa. The terms “include,” “includes” or “including” mean “including without limitation.” The words “hereof,” “hereto,” “hereby,” “herein,” “hereunder” and words of similar import, when used in these Terms, refer to these Terms as a whole and not to any particular section or article in which such words appear. The word “or” will not be construed as exclusive.
Other than the FloWorks Entities (solely for purposes of Sections 6 and 7), no other person or company will be third party beneficiaries to these Terms.