Terms of Use Effective January 8, 2024
Quick Summary Of Our Terms And Conditions
- Please review the addressgenie.co Terms of Use carefully.
- By using any of the addressgenie.co Services, you consent to these terms or any updated Terms of Use.
- By using the addressgenie.co service you consent to our Privacy Policy.
- You can contact us via email at [email protected]
- The addressgenie.co service is a premium service (the "addressgenie.co Service") wherein addressgenie.co customers can notify everyone about their new address at the same time including all the companies with which you conduct business and which you select and authorize us to notify
- addressgenie.co charges a one time fee of $49.95.
Note: Please review the alittlehelphere.net Terms of Use
carefully.
addressgenie© is a private company that offers a 1-Stop Change Of Address Service™.
WE ARE NOT
AFFILIATED IN ANY WAY WITH THE USPS©. All references to and
trademarks of the USPS© used on this site are the exclusive
property of the United States Postal Service. We expressly
disclaim ownership of any products or services belonging to the
USPS.
addressgenie charges a 1-time fee of $49.95
for our service. If you only wish to file your address change
with the USPS, you can do so by visiting https://www.usps.com.
The USPS online service costs $1.05.
It is your
responsibility to file proper personal data and moving details
with us in order for our agents to properly facilitate valid
address changes with the USPS© and with your companies.
All users are subject to our website's Terms and Conditions and
Privacy Policy. All references to and trademarks of the USPS
used on this site are the exclusive property of the United
States Postal Service. We expressly disclaim ownership of any
products or services belonging to the USPS.
If you have
any questions about our Privacy Policy, you can contact us at
mail to [email protected]
and include 'Privacy Policy' in the subject line.
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE(S) AND OTHER SERVICES.
- THESE TERMS CONTAIN A BINDING GOVERNING LAW AND JURISDICTION CLAUSE
- SECTION 16 CONTAINS AN IMPORTANT NOTE TO NEW JERSEY CONSUMERS.
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.
General
These Terms govern your use of the interactive websites, mobile and connected applications, software, and other online interactive features and services, including, but not limited to, emails, newsletters, forums, communities, sweep stakes and contests (collectively, the "Services") operated by Flatirons LLC and its subsidiaries (collectively "Flatirons LLC" "we" "us" or "our"). Additional terms and conditions of use applicable to specific areas of the Services may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to collectively as the "Agreement." You can quickly learn more about the addressgenie Services or other terms and conditions by clicking on the links below. We reserve the right, in our discretion, to change or modify all or any part of the Agreement at any time, effective immediately upon notice published on this page. Your use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Flatirons LLC as permitted above. Please be sure to review the Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of the Agreement are no longer acceptable to you, you should immediately cease all use of the Services. It is your responsibility to refer to the Agreement upon accessing the Services.
Our site is a private business entity, dedicated to helping people who are moving save time and money! Our Change Your Address™ facilitates change of address requests for our customers with the USPS and all the dozens of companies with whom you do business (banks, credit cards, frequent flyers, utilities etc.). We are not affiliated with the United States Post Office. Upon completing your order, Change Your Address™ automatically files your address change requests with the United States Post Office. We pay all USPS fees associated with your change request! As you add companies to your list, Change Your Address™ automatically sends an address change request to those companies via email. You are copied on all emails!.
Our fee for this service includes your official USPS address change plus an unlimited number of company change requests and optional inclusion in our Moving GenieTM service. Upon completing your order, you authorize addressgenie to act as your agent for all your address change requests. We will use reasonable best efforts to notify the associated entities of your address change requests. Our service solely relies on the accuracy of the address change information provided by you. We expressly do not guarantee that any of the organizations notified by us will process the change requests we send as your agent. You acknowledge that we are not liable in any way for the failure of any such address change request. Your satisfaction is guaranteed.
We offer a 30 day "No Questions Asked" refund policy. Refunds are super easy; refund information is included in your order confirmation email.
THE SERVICES ARE DIRECTED TO TEENAGERS AND ADULTS AND ARE NOT
DIRECTED TO CHILDREN UNDER THE AGE OF 13. YOU MUST BE 13 YEARS
OF AGE OR OLDER TO USE THE SERVICES. FLATIRONS LLC COMPLIES
WITH THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT AND DOES NOT
PERMIT REGISTRATION BY, AND WILL NOT KNOWINGLY COLLECT
PERSONALLY IDENTIFIABLE INFORMATION FROM, ANYONE UNDER 13. BY
REGISTERING FOR ANY SERVICE, YOU REPRESENT AND WARRANT THAT
YOU ARE 13 YEARS OF AGE OR OLDER. ADDITIONALLY, YOU MUST
PROVIDE TRUE, ACCURATE AND COMPLETE REGISTRATION INFORMATION
TO BECOME A MEMBER OF THE SERVICES ("MEMBER"). CREATING A
MEMBER ACCOUNT IF YOU ARE UNDER THE AGE OF 13, UNDER AUTOMATED
MEANS OR UNDER FALSE OR FRAUDULENT PRETENSES CONSTITUTES
UNAUTHORIZED USE OF THE SERVICES, AND SUCH ACCOUNTS WILL BE
DELETED BY FLATIRONS LLC.
As part of the
registration process, you may be asked to select a username
and password and you will be responsible for all activities
occurring under your username and for keeping your password
secure. We may refuse to grant you a username that
impersonates someone else, violates or infringes on the
trademark or proprietary rights of a third party, or is
vulgar, offensive, or otherwise inappropriate, as determined
by us in our sole discretion. You agree that your username and
password is personal to you and should not be used to provide
access to the Services to any other person or entity.
By using the Services, you agree to: (a) provide
accurate and complete information about yourself as prompted
by the registration form for a Service ("Registration
Data"), (b) maintain and promptly update the Registration
Data to keep it accurate and complete, and (c) maintain the
security of your password. In the event you compose a profile
upon registering for the Services (a "Member Profile"),
such profile must describe you, an individual person. Examples
of inappropriate profiles include, but are not limited to,
profiles that purport to represent an animal, place, inanimate
object, fictional character, or real individual who is not
you. If you wish to view or change your profile, you can do by
clicking on the appropriate link listed in the Updating
Your Registration Information section of the Flatirons
LLC Privacy Policy.
THE CHANGEYOURADDRESS SERVICE IS A PREMIUM SERVICE THAT
INCLUDES THE FOLLOWING SERVICES LISTED AND DESCRIBED BELOW.
WE CURRENTLY SUGGEST A FEE OF $39.95 FOR
ENROLLMENT INTO THIS SERVICE
, HOWEVER WE EMPLOY A "NAME YOUR OWN PRICE" PRICING MODEL THAT
LETS USERS CHOOSE THE PRICE THEY WISH TO PAY FOR THE ADDRESS
GENIE SERVICE. THE CHANGEYOURADDRESS SERVICE IS
UNCONDITIONALLY GUARANTEED. IF YOU DO NOT WISH TO UTILIZE THIS
SERVICE, YOU MAY REQUEST A REFUND AT ANYTIME WITHIN 30 DAYS OF
YOUR REGISTRATION FOR THIS SERVICE. WE CANNOT HONOR REFUND
REQUESTS AFTER THIS 30 DAY PERIOD. THERE ARE NO EXCEPTIONS TO
THIS POLICY.
The services included in the
addressgenie Service currently include:
Email
tips and offers
Text message tips offers
Free
USPS Change of Address Service with optional junk mail opt out
Cable, satellite, telephone, and cellular offers
Free
ByBuy.co and ByBuy app auto registration,
Location
triggered tips and offers, and our exclusive
Custom
Concierge Offer Service.
Important Note: We may alter
the addressgenie Service at any time. We may also alter the
Service Fee at any time. We strongly encourage you to read our
Terms of Service and Privacy Policy Completely before agreeing
to our service.
Only upon completion of your successful registration and payment, you will receive access to the following addressgenie services:
- 1. Email tips and offers. Provided the email offer checkbox remains checked during your registration, you will receive contextually relevant promotions, coupons and promo codes to product and/or service deals and sales via the email address you provide during registration. The timing and frequency of these emails are solely at our discretion. You may of course unsubscribe from this portion of the Service at any time by following the instructions at the bottom of any email or by following the instructions contained within our Privacy Policy, Section 5 "How you can change or control what is collected".
- 2. Text message offers. Provided the text message offers checkbox remains checked during your registration, you will receive contextually relevant promotions, coupons and promo codes to product and/or service deals and sales via text message delivered to the mobile number you optionally provide during registration. You may of course unsubscribe from this portion of the Service at any time by replying "Stop" to any message you receive from us. For more information please read our Privacy Policy, Section 5 "How you can change or control what is collected".
- 3. USPS Change of Address Service. We offer a free
change of address service with the USPS upon registration
with the Service. Users can opt for permanent or temporary
moves for themselves, family members or any other individual
moving the same one address. addressgenie will process your
address change for you and will pay all costs associated with
the processing of your address change for all individuals who
are registered by you at the time of registration.
Important note: This free service is limited to individuals who are all moving to the same new address. We cannot accept change of address requests for individuals who are not included at the time of registration, nor can we edit or alter any request subsequent to the completion of your order. If you wish to edit, alter or delete your address change, you can visit USPS.com for more information.
- 4. Cable, satellite, telephone, and cellular offers. Provided the email tips and offers checkbox remains checked upon completion of your registration, we will arrange for local providers of television, phone and internet service providers to send you private offers based on your moving address location.
- 5. Free ByBuy.co and ByBuy app registration. Provided the email tips and offers checkbox AND Text Message Tips and Offers BOTH remain checked upon completion of your registration, we will auto enroll you with the ByBuy.co deal service. We will also arrange for you to receive an email and text message to download a version of the ByBuy app that is appropriate for your phone operating system. ByBuy is NOT affiliated with Flatirons LLC and ByBuy usage, terms and conditions, and privacy policy are distinct from Flatirons LLC. We strongly encourage you to read the relevant ByBuy Terms of Use and Privacy policies.
- 6. Location triggered tips and offers. Provided the Text Message Tips and Offers remains checked upon completion of your registration AND provided that you download the ByBuy app as described above and accept the location services permission therein, we will provide you with periodic offers triggered by your physical location. The timing and frequency of these emails are solely at our discretion. You may of course unsubscribe from this portion of the Service at any time by following the instructions contained within the Notifications section of the ByBuy app on your smartphone device.
- 7. Custom Concierge Offer Service. Subscribers to the addressgenie service can take advantage of our free Custom Concierge Offer service at anytime so long as they remain subscribed to our email service. You may request offers from any merchant or for any product or product category by emailing [email protected]. You must include the words "Custom Offer Request" in the subject line of your email. We will endeavor to find you the most relevant offer possible. WE EXPRESSLY DO NOT GUARANTEE THAT ANY OFFER WILL BE AVAILABLE FROM ANY SPECIFIC MERCHANT OR FOR ANY SPECIFIC PRODUCT OR PRODUCT CATEGORY AT THE TIME OF YOUR REQUEST.We will respond within 24 hours to every request with the best offers we can find that match or relate to your request.
For questions about your addressgenie Service, please visit www.addressgenie.co/ContactUs, or send an email to addressgenie Support..
You are responsible for paying any and all charges relating to
the addressgenie Service, including without limitation, the
Initial Sign Up Fee. You grant to Flatirons LLC third party
payment processor(s) permission to charge your credit card (or
other approved payment mechanism) to pay for all such charges.
The addressgenie Service fee will be billed upon
registration. You may cancel this service and request a full
refund at any time within ten (10) days subsequent to the
registration date pursuant to the process set forth below.
Payment for the addressgenie Service must be made by
Visa, MasterCard, Discover, American Express or PayPal. If
Flatirons LLC does not receive payment from the credit card
issuer or its agent, you agree to pay all amounts due upon our
demand. Your card issuer agreement governs your use of your
designated card in connection with the addressgenie Services,
and you must refer to that agreement and not this Agreement to
determine your rights and liabilities as a card holder. YOU,
AND NOT FLATIRONS LLC, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS
BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, EVEN IF THEY WERE
NOT AUTHORIZED BY YOU.
FLATIRONS LLC
RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND/OR
BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES
OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY
FLATIRONS LLC, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE
POSTING ON THE APPLICABLE FLATIRONS LLC SERVICES. FLATIRONS
LLC MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA
EMAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY
CANCEL YOUR IGN CHANGEYOURADDRESS SERVICE SUBSCRIPTION YOUR
CONTINUED USE OF THE CHANGEYOURADDRESS SERVICES FOLLOWING THE
EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS
SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. FLATIRONS LLC
IS NOT RESPONSIBLE FOR ANY FAILURE TO CANCEL YOUR SUBSCRIPTION
EITHER IN WRITING BY EMAIL OR LETTER OR THROUGH THE WEBSITE.
YOU AGREE AND ACKNOWLEDGE THAT FLATIRONS LLC SHALL NOT BE
RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS
THAT YOU HAVE NOT SUBMITTED TO US AS DESCRIBED IN THESE TERMS
WITHIN 60 DAYS OF SUCH OCCURRENCE OR LACK THEREOF.
You grant to Flatirons LLC third party payment
processor(s) permission to automatically process your Service
Fee and charge your credit card upon completion of your
registration. You acknowledge and agree that the authorization
to charge your credit card or other payment mechanism for the
addressgenie Services shall automatically transfer to any
successors or assigns of the addressgenie Services for
substantially similar services at the same property. You may
not assign or transfer your service to any other person or
entity. You must be at least 18 years old (or have the
permission of a credit card holder who is) to subscribe for
addressgenie Services.
Refunds for your Initial
Service Fee. You may opt for a refund of your Initial Service
Fee, less $5.00, at any time within 30 days of the completion
of your registration and payment. We retain $10.00 to cover
costs associated with the processing of our address change
with the USPS, company notifications, and other administrative
expenses. Your right to a refund is unconditional with no
questions asked. To process your refund, send an email to [email protected].
You must include the words "Refund Request" in your email. You
must also include your phone number, and the first and last
name of the person who is moving and subscribing to the
Service. This may or may not be the same name of the card
holder used to pay for the service. If the card holder name is
different, please only include the first and last name of the
person(s) who are moving. You may also call at 720.420.7520
directly and leave a voice mail in accordance with
instructions therein.
We will process all refund requests within 24-48
hours after receipt. If you leave an email with your request,
we will send email confirmation of all your refund details.
Please note that your refund can take up to 3 to 5 business
days after we process your request, for the funds to be
credited to your account.
WE CANNOT HONOR OR PROCESS ANY REFUND REQUESTS
RECEIVED AFTER 30 DAYS SUBSEQUENT TO THE COMPLETION OF YOUR
ORIGINAL ORDER.
Cancellation of Your Service.
You can cancel any or all of your services by unsubscribing
from any email offer and/or replying "Stop" to any text
message offer. Unsubscribing from an email offer will
automatically remove you from receiving further email offers
but will not unsubscribe you from text message offers.
Replying "Stop" to any text message offer will automatically
terminate the receipt of any future text message orders but
will not unsubscribe you from email offers. To terminate
location based offers and push notifications, you must adjust
the appropriate notification settings from within the ByBuy
app in accordance with that apps instructions.
You acknowledge that Flatirons LLC, in its sole
discretion, may terminate your user ID, password, account (or
any part thereof) or use of the addressgenie Services for a
variety of reasons, including, without limitation, if
Flatirons LLC believes that you have violated or acted
inconsistently with the letter or spirit of the Agreement.
Flatirons LLC may also, in its sole discretion, at any time
discontinue providing the addressgenie Services, or any part
thereof, with or without notice. You agree that any
termination of your access to the addressgenie Services under
any provision of the Agreement may be effected without prior
notice, and acknowledge and agree that Flatirons LLC may
immediately deactivate or delete your account and/or bar any
further access to the addressgenie Services. If your account
is terminated by Flatirons LLC, it will not be automatically
renewed and access will be terminated, without refund.
Further, you agree that Flatirons LLC shall not be liable to
you or any third-party for termination of your access to the
addressgenie Services. YOU AGREE AND ACKNOWLEDGE THAT
FLATIRONS LLC SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS,
REFUNDS OR ACCOUNT OVERSIGHTS PAST 60 DAYS OF SUCH OCCURRENCE.
You agree to provide and maintain true, accurate, current and
complete information about yourself as prompted by the
addressgenie Services registration process. You must promptly
inform Flatirons LLC of any of the following: changes in the
expiration date of any credit card used in connection with the
addressgenie Services; changes in home or billing address;
and apparent breaches of security, such as loss, theft, or
unauthorized disclosure or use of an ID or password. You agree
to notify Flatirons LLC immediately upon learning of any
potential breach of your addressgenie Services account.
Use Restrictions. The material and content on the
addressgenie Services is for the private, enjoyment of
addressgenie Services Members only. Any other use is strictly
prohibited. Flatirons LLC spends a great deal of time and
money to obtain the information appearing on our sites. You
agree that you will not copy, publish, or in any way make
available publicly any news, pictures, interviews, features,
or any other information, content or materials from the
addressgenie Services, without express written permission
from Flatirons LLC. You agree that if you do so, Flatirons LLC
reserves the right to cancel your subscription to the
addressgenie Services immediately without refund.
Additionally, reuse of copyrighted information (including but
not limited to pictures, interviews, features, videos, audio,
etc.) will be prosecuted to the fullest extent of the law.
You acknowledge that the Services contain information,
software, articles, reviews, content, photographs, audio and
video clips, graphics, links, logos, trademarks, the "look and
feel" of our websites, applications and software and other
material (collectively, the "Content") that are
protected by copyright, trademark and/or other proprietary
rights of Flatirons LLC or third parties. All Content on the
Services is protected by applicable copyright laws. You agree
to comply with all copyright laws and any copyright notices,
information, or restrictions contained in any Content
available on or accessed through the Services. Users of the
Services may use the Content only for their personal use.
Businesses, may become Members, butare not permitted to use
the Services for any purpose other than as proscribed herein,
including but not limited to collecting usernames and/or email
addresses of Members by electronic or other means for the
purpose of sending unsolicited email and unauthorized framing
of, or linking to, the Services or users on the Services.
Except as expressly permitted, you may not (i)
modify, publish, transmit, reproduce, create derivative works
from, distribute, perform, display, adapt, aggregate, sell,
transfer or in any way exploit any of the Content, code or
Material (defined below), in whole or in part, or (ii) use any
robot, spider, site search and/or retrieval application, or
other device to retrieve or index any portion of the Services.
Content consisting of downloadable or web-based software may
not be reverse engineered unless specifically authorized by
the owner of the software's patent and/or copyright. You also
agree not to circumvent, disable or otherwise interfere with
any security related features of the Services or the Content,
including features that prevent or restrict use or copying, or
that enforce limitations on use.
You may post on the Services only content owned by
you (such as your original statements or video clips), content
for which you have received express written permission from
the owner and content in the public domain (collectively, the
"Material"). You assume all risk and responsibility for
determining whether any Material is in the public domain. You
hereby grant, transfer and assign to Flatirons LLC and its
affiliates, successors, assigns and licensees (collectively, "Licensee")
a fully-paid, royalty-free, irrevocable, perpetual, worldwide
right and license to publish, distribute, reproduce, transmit,
use, translate, display, perform, modify, revise, create
derivative works of and archive the Material, in any form or
media now known or hereafter developed (including without
limitation in print, magnetic or electronic form), on any
number of occasions in any form, and to sublicense third
parties (including other users of the Services) to do any of
the foregoing with further right of sublicense (the "License"),
without compensation to you. You represent and warrant that
you are authorized to grant all rights set forth in the
preceding sentence and that the exercise by Licensee of
Licensee's rights under the License shall not violate any
laws, defame or libel any person, invade any person's right of
privacy or publicity or otherwise violate, misappropriate or
infringe the rights of any person (including but not limited
to any copyright or moral right).
You may download, copy and make any personal, use of
the Content and use that is expressly permitted by the United
States Copyright Act of 1976, as amended ("Copyright
Act") and not prohibited by any section of the Copyright Act
or by any other applicable law, rule or regulation; provided,
however, that you maintain all copyright and other notices
contained in such Content; and provided further that you shall
not store electronically any significant portion of any
Content.
To the extent that you provide us with any
suggestions, feedback or other information relating to our
business or the Services (including, but not limited to,
suggested new products or services or improvements to existing
products and services), such information is provided to us on
a non-confidential and unrestricted basis, and you hereby
grant to the Licensee (as defined above) a non-exclusive,
worldwide, perpetual, royalty-free, fully transferrable and
sublicensable right and license to reproduce, display,
distribute, use and fully exploit such suggestions, feedback
and information.
For questions regarding use of Content please email
[email protected].
Flatirons LLC has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Services, you may not:
- Use the Services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
- Post on the Services any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
- Reformat or frame any portion of any web page that is part of the Service;
- Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Submit any Material that falsely implies sponsorship or endorsement of that Material by the Services, Flatirons LLC and/or any third party, falsify or delete any author attributions in any Material, or promote any information that you know is false or misleading;
- Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Services or otherwise attempt to interfere with the proper working of the Service or the use and enjoyment of the Services by other users;
- Promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful, or violates the rights of any third party or that promotes or encourages illegal activity; or
- Harvest or collect email addresses or other contact information of other users by electronic or other means.
The above is not a complete list of illegal and/or prohibited
uses of the Service.
Use of the Services is
subject to existing laws and legal process. Nothing contained
in the Agreement shall limit our right to comply with
governmental, court, and law-enforcement requests or
requirements relating to your use of the Services.
FLATIRONS LLC MAY RECEIVE A COMMISSION, FEE AND/OR OTHER
COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH OR
LINKED FROM THE SERVICES.
THIS MEANS
FLATIRONS LLC MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN
ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON
CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS OR NEWSLETTERS,
OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.
Flatirons LLC does not represent or endorse the
accuracy or reliability of any Content or other material
posted on any interactive area or elsewhere on the Services
and you acknowledge that any reliance upon such Content or
other material shall be at your sole risk. Any Content or
other material placed on any interactive area by users
represents the views of the user posting the statement, and
does not represent the views of Flatirons LLC.
The
Services may contain links to sites on the Internet which are
owned and operated by third parties (the "External Site(s)").
You acknowledge that Flatirons LLC is not responsible for the
availability of, or the content located on or through, any
External Site. Any third-party content or a link to a
third-party site is not an endorsement of that content or
third-party site. You should contact the site administrator or
webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External
Sites.
Typically, we do not directly sell,
resell, or license any of the products or the services that we
review, list, or advertise on our sites, and we disclaim any
responsibility for or liability related to them. Your
correspondence or related activities with third parties,
including payment transactions and goods-delivery
transactions, are solely between you and that third party. All
product and deal information such as discount, price and
availability are believed to be accurate as of the time of
publication and are subject to change. Please verify these
details with the merchant site and check the merchants terms
and conditions before you buy. You agree that we will not be
responsible or liable for any loss or damage of any sort
incurred as the result of any of your transactions with third
parties. Any questions, complaints, or claims related to any
product or service should be directed to the appropriate
vendor. However, in the event we do sell, resell, or license
products or services, any terms and conditions related to your
purchase or license of such products and services from us or
any affiliates will be accessible on the applicable site page.
Please note that we may allow certain manufacturers
to license, use and/or reprint a Flatirons LLC trademark,
logo, or a review in whole or in part, in its own marketing
materials and advertisements in exchange for a license fee.
You agree to indemnify, defend and hold Flatirons LLC and its
affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the
"Flatirons LLC Parties") harmless from and against any and all
claims, liability, losses, damages, costs and expenses
(including attorneys' fees) incurred by any Flatirons LLC
Party in connection with:
- Your use of, or connection to, our Services;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- The content, the quality, or the performance of Material that you submit;
- Your violation of the Agreement or the Flatirons LLC Privacy Policy; or
- Your violation of the rights of any other person or entity.
Flatirons LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Flatirons LLC defense of such claim.
Flatirons LLC reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your access to the Services at any time by immediately ceasing use of the Services. If you would like to delete a particular account on the Services, please review the Updating Your Registration Information section of the Flatirons LLC Privacy Policy and use the contact instructions for the particular property where you with to delete your account. Once your access terminates, you will have no right to use the Services. The terms of the Agreement shall survive any termination of your access. Flatirons LLC may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
The Services and the Content are distributed on an "as is, as
available" basis. None of Flatirons LLC, third party vendors
or content providers or their respective agents makes any
warranties of any kind, either express or implied, including,
without limitation, warranties of title or implied warranties
of merchantability or fitness for a particular purpose, with
respect to the Services, any Content or any products or
services sold through the Services. Neither Flatirons LLC nor
any third party content provider warrants that any files
available for downloading through the Services will be free of
viruses or similar contamination or destructive features.
Neither Flatirons LLC nor any third party content provider
warrants that any of the goods or services linked to or
advertised in the Services comply with data protection or
other relevant legislation and Flatirons LLC accepts no
liability whatsoever for any claim arising from such goods or
services.
You expressly agree that the entire
risk as to the quality and performance of the Services and the
accuracy or completeness of the Content is assumed solely by
you and Flatirons LLC cannot guarantee the continued
availability of any particular component of the Services. You
specifically acknowledge that Flatirons LLC is not responsible
or liable for any unauthorized access to or alteration of your
materials, data or other transmissions entered into through
the Services or for any threatening, defamatory, obscene,
offensive or illegal Content or for conduct of any other party
or for any infringement of another's rights.
FLATIRONS
LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. FLATIRONS LLC,
ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION,
LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR
LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF
OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN
CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS
AGREEMENT, FLATIRONS LLC IS FOUND TO BE LIABLE TO YOU FOR ANY
DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO
YOUR USE OF THE SERVICES, LIABILITY OF FLATIRONS LLC SHALL IN
NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY
SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR
FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE
DATE OF THE INITIAL CLAIM MADE AGAINST FLATIRONS LLC, OR (II)
ONE HUNDRED U.S. DOLLARS ($100.00).
YOU
EXPRESSLY AGREE TO WAIVE YOUR RIGHT TO FILE ANY DISPUTE WITH
YOUR ISSUING BANK WITH RESPECT TO YOUR PAYMENTS RELATED TO
YOUR ORDERING OF THE CHANGEYOURADDRESS SERVICE. YOU RELEASE
FLATIRONS LLC FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY
KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH
SUCH A DISPUTE, AND AGREE TO HOLD FLATIRONS LLC HARMLESS IN
CONNECTION WITH ANY SUCH DISPUTE.IN THE EVENT THAT YOU FILE A
DISPUTE WITH YOUR ISSUING BANK WITH RESPECT TO THE
CHANGEYOURADDRESS SERVICE OR PAYMENT THEREFOR, WE EXPRESSLY
RESERVE ALL RIGHTS AND REMEDIES AVAILABLE TO US UNDER LAW TO
RESPOND TO AND REFUTE SUCH DISPUTE. THIS INCLUDES THE RIGHT TO
FILE SUIT AGAINST YOU SEEKING RESTITUTION FOR LOST FEES AND
OTHER ACTUAL AND PUNITIVE DAMAGES.
Some
jurisdictions do not allow exclusion of implied warranties or
limitation of liability for incidental or consequential
damages, punitive or exemplary damages, bodily or moral
(reputational) damages, gross negligence, death or personal
injury caused by negligence, personal injury or loss of or
damage to property caused by defective products, fraud and/or
fraudulent misrepresentation, or recklessness, so the above
limitations or exclusions may not apply to you. In such
jurisdictions, the liability of Flatirons LLC, third party
content providers and their respective agents shall be limited
to the greatest extent permitted by applicable law.
We make no claims that any Material, Services or any Content is appropriate or may be downloaded outside of the United States or outside the country where such Material, Services or any Content was produced. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any Material, Services or Content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: (i) all local rules regarding user conduct on the Internet and acceptable content; and (ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you are located.
Flatirons LLC does not accept unsolicited ideas of any kind, including ideas for: advertising; promotions; new products, technologies, processes, or materials; marketing plans; or product names. Please do not send us any such ideas or materials relating to such ideas. This is to avoid any potential misunderstanding or dispute should our products or marketing strategies seem similar to unsolicited ideas submitted to us. If, despite this request, you do send us any unsolicited ideas or materials, we make no assurances that such ideas or materials will be treated as confidential or proprietary.
The laws of the State of Colorado will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Boulder County, Colorado, USA, and you and Flatirons LLC consent to personal jurisdiction in those courts.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or the Agreement must be filed within one(1) month after such claim or cause of action arose or be forever barred.
We may be required by international, state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. Subject to the arbitration provision above and for all purposes of this Agreement, this Agreement shall be construed in accordance with the laws of the State of Colorado, without reference to principles of choice of law. You and Flatirons LLC each irrevocably consent to the personal jurisdiction of the federal or state courts located in Boulder, Colorado, (the "Courts") with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non convenience or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof,
and supersedes all previous written or oral agreements between
the parties with respect to such subject matter. If any
inconsistency exists between the terms of this Agreement and
any additional terms and conditions posted on the Services,
such terms shall be interpreted as to eliminate any
inconsistency, if possible, and otherwise, the additional
terms and conditions shall control. If any provision of this
Agreement is held invalid, illegal or unenforceable in any
respect, (i) such provision shall be interpreted in such a
manner as to preserve, to the maximum extent possible, the
intent of the parties, (ii) the validity, legality and
enforceability of the remaining provisions shall not in any
way be affected or impaired thereby, and (iii) such decision
shall not affect the validity, legality or enforceability of
such provision under other circumstances.
If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in Sections 6 (insofar as any claims may arise from, or relate to, consumer protection or fraud and/or misrepresentation, or result in attorney's fees), 9 and 14 do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence. Subject to the foregoing, Flatirons LLC, third party content providers, and their respective agents reserve all rights, defenses, and permissible limitations under New Jersey law. Nothing in this Section shall modify the binding arbitration clause and waiver for class action and jury trial in Section 13.
The Flatirons LLC Privacy Policy will be made available on the property from which you accessed these Terms. Such Privacy Policy is incorporated by reference into these Terms.
Please contact [email protected] and insert "Terms of Use" in the subject line if you have any questions or comments about the Agreement, or to report user conduct violating the Agreement.