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Terms and Conditions

Last Updated: February 08, 2024

 

Acceptance of Terms

These Terms of Use represent a legally binding agreement between you, whether as an individual or on behalf of an organization (referred to as "you"), and Flywheelr (referred to as "Company," "we," "us," or "our"). These terms govern your use of the website located at https://www.flywheelr.com and any associated media forms, channels, mobile websites, or applications (collectively referred to as the "Site").

In addition to these Terms and Conditions, users of the Flywheelr app (referred to as Flywheelr clients) are required to consider the specific service contract signed with Flywheelr.

Flywheelr is a registered entity in Texas, United States, with its registered office located at 17350 State Hwy 249, Ste220, Houston, Texas 77064. By accessing the Site or the app, you acknowledge that you have read, comprehended, and agreed to abide by these Terms of Use. If you do not consent to all of these terms, you are explicitly prohibited from using the Site or the app and should discontinue use immediately.

Supplementary terms and documents that may be posted on the Site are expressly integrated into these terms by reference. Flywheelr retains the sole right to make periodic changes or modifications to these Terms of Use. We will notify you of such changes by updating the "Last updated" date, and you relinquish any entitlement to receive specific notifications for each change. Please ensure that you review the applicable terms whenever you use our Site to understand the current terms. Your continued use of the Site after updated terms are posted implies that you are subject to and have been made aware of and accepted these revisions.

The information provided on the Site or the app is not meant for distribution or use by any individual or entity in a jurisdiction or country where such distribution or use would violate the law or regulations or necessitate registration within that jurisdiction or country. Consequently, individuals who choose to access the Site or the app from other locations do so of their own volition and are solely responsible for adhering to local laws, if applicable.

The Site is not customized to adhere to industry-specific regulations such as HIPAA (Health Insurance Portability and Accountability Act) or FISMA (Federal Information Security Management). Therefore, if your activities fall under such regulations, you should refrain from using this Site. Additionally, you may not use the Site in a manner that contravenes the Gramm-Leach-Bliley Act (GLBA).

Accessing the Site, sending us emails, and completing online forms constitute electronic communications. By using the Site and the app, you consent to receiving electronic communications. You also acknowledge that all agreements, notices, disclosures, and other communications provided by Flywheelr electronically through email or the app fulfill any legal requirements for written communication. By agreeing to these terms, you are also accepting the use of electronic signatures, contracts, orders, and records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by us or through the Site or the app. You hereby waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate original signatures, non-electronic record delivery or retention, or payment methods and credit granting other than electronic means.

Site Management

The Terms of Use, along with any posted policies or rules on the Site or the app, constitute the entire agreement between you and Flywheelr. Our failure to enforce any right or provision does not waive that right or provision. These Terms of Use operate to the fullest extent permissible by law. Flywheelr may assign our rights and obligations to others at any time, and we are not responsible for events beyond our reasonable control. If any provision is deemed unlawful, void, or unenforceable, it is deemed severable and does not affect the validity of the remaining provisions.

 

Flywheelr acts as an independent contractor, and neither party is considered an agent, partner, franchisee, franchisor, or joint venture of the other. Neither you nor Flywheelr has an obligation to act on behalf of the other, nor the power to unite the other in any way.

 

You expressly agree that the construction of these Terms of Use in favor of Flywheelr is not affected by our role as the drafter. By accepting these terms, you explicitly relinquish any defenses grounded in the electronic format of this agreement and the absence of signatures from the parties to execute these Terms of Use.

Flywheelr retains the right, though not the obligation, to: (1) vigilantly monitor the Site for any violations of these Terms of Use; (2) initiate appropriate legal action against individuals who, at our sole discretion, breach the law or these Terms of Use, including, but not limited to, reporting such users to law enforcement authorities; (3) exercise our sole discretion, with no limitations, to refuse, restrict access to, limit the availability of, or technologically disable any of your Contributions or any part thereof; (4) at our sole discretion and without limitation, issue notice or take action to remove from the Site or otherwise disable all files and content that exceed reasonable size limits or are in any way burdensome to our systems; and (5) proactively manage the Site in a manner crafted to safeguard our rights and property and ensure the seamless functioning of the Site.

These Terms of Use will persist in full force and effect throughout your usage of the Site or the app. WITHOUT DIMINISHING ANY OTHER PROVISION OF THESE TERMS OF USE, FLYWHEELR RETAINS THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, REFUSE ACCESS TO AND USAGE OF THE SITE (INCLUDING BLOCKING SPECIFIC IP ADDRESSES), TO ANY INDIVIDUAL FOR ANY REASON OR FOR NO REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, FOR A BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. FLYWHEELR MAY TERMINATE YOUR USAGE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

Should Flywheelr terminate or suspend your account for any reason, you are strictly forbidden from registering and establishing a new account under your name, a fictitious or borrowed name, or the name of any third party, irrespective of any representation of acting on behalf of the third party. In addition to terminating or suspending your account, Flywheelr retains the right to undertake appropriate legal action, including, but not limited to, pursuing civil, criminal, and injunctive redress.

Data Privacy

We utilize your data to promptly address your service requests and ensure the seamless provision of our Applications and Products. In specific cases mandated by law, permitted by your consent, or in alignment with our Privacy Policy, which you can access https://www.flywheelr.com/privacy-policy, we may share your data with third parties. Your agreement encompasses all actions taken regarding your data that adhere to our Privacy Policy.

Prior to sharing your data, we take deliberate steps to ensure that any third-party service provider upholds commercially reasonable data practices, prioritizing the confidentiality, and security of your data to prevent unauthorized access. It's important to note that we do not share your data with third parties for their independent marketing purposes.

By using our services, you affirm that your Content has been collected, stored, and transferred to us in compliance with all applicable laws, regulations, and contractual obligations. You hold sole responsibility for the accuracy, quality, and legality of your Content, as well as the methods through which you obtained it.

Flywheelr Mobile App

To utilize the Mobile Applications, as defined in the Mobile Application Terms, you will need a compatible mobile device. The Mobile Applications may undergo automatic upgrades based on your user settings. By using these applications, you give your consent to these automatic upgrades and acknowledge that standard carrier data charges may apply to your usage. For more details regarding your use of the Mobile Applications, please refer to the specific Mobile Application Terms available https://www.flywheelr.com/privacy-policy .


 

Submissions

 

You recognize and consent that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to Flywheelr are non-confidential and will become the property of Flywheelr. By submitting such content, you waive all moral rights associated with these Submissions and affirm that they are either original or that you possess the right to submit them. Furthermore, you agree that there will be no recourse against Flywheelr for any claimed or actual infringement or misappropriation of any proprietary right in your Submissions.

 

Intellectual Property Rights

 

Unless otherwise stated, the Site is the property of Flywheelr. This includes all source code, databases, functionality, software, website/app designs, audio, video, text, photographs, and graphics on the Site, collectively referred to as the "Content." The trademarks, service marks, and logos on the Site ("Marks") are either owned or controlled by Flywheelr or licensed to Flywheelr. These elements are safeguarded by copyright and trademark laws, as well as various intellectual property rights, unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as explicitly outlined in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

However, if you are eligible to use the Site, you are granted a limited license to access and use the Site. You may download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. Flywheelr reserves all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Prohibited Activities

When accessing or using the Site, it is imperative to adhere to the specified purposes for which Flywheelr has made the Site available. The Site must not be utilized for any commercial endeavors unless explicitly endorsed or approved by us.

As a user of the Site, you are expressly prohibited from:

  1. Uploading or attempting to upload material that serves as a passive or active information collection or transmission mechanism. This includes, but is not limited to, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (commonly known as “spyware” or “passive collection mechanisms” or “pcms.”)

  2. Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site.

  3. Attempting to bypass any measures implemented on the Site to prevent or restrict access, whether in whole or in part.

  4. Copying or adapting the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  5. Except as permitted by applicable law, deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or forming a part of the Site.

  6. Using a buying agent or purchasing agent to make purchases on the Site.

Modifications, Corrections, and Interruptions

 

The Site may contain information that could include typographical errors, inaccuracies, or omissions, such as descriptions, pricing, and availability. Flywheelr reserves the right to rectify any such errors, inaccuracies, or omissions and to alter or update the information on the Site without prior notice.

Flywheelr retains the discretion to change, modify, or remove the contents of the Site at its sole discretion without notice. While Flywheelr is not obligated to update information on the Site, it reserves the right to modify or discontinue all or part of the Site without prior notice. Flywheelr shall not be held liable for any modification, price change, suspension, or discontinuance of the Site.

The availability of the Site cannot be guaranteed at all times. Flywheelr may encounter hardware, software, or other issues, or may need to perform maintenance related to the Site, leading to interruptions, delays, or errors. Flywheelr reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice. You acknowledge that Flywheelr bears no liability for any loss, damage, or inconvenience resulting from your inability to access or use the Site during any downtime or discontinuance. These Terms of Use do not impose any obligation on us to maintain, support, or provide corrections, updates, or releases related to the Site.

Disclaimer

 

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FLYWHEELR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

FLYWHEELR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND FLYWHEELR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

 

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.

  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE.

  3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

  4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.

  5. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.

  6. ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

FLYWHEELR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. FLYWHEELR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Indemnification

You agree to defend, indemnify, and hold Flywheelr, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Use of the Site or the app.

  2. Breach of these Terms of Use.

  3. Any breach of your representations and warranties set forth in these Terms of Use.

  4. Your violation of the rights of a third party, including but not limited to intellectual property rights.

  5. Any overt harmful act toward any other user of the Site or app with whom you connected via the Site or app.

Flywheelr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. Flywheelr will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL FLYWHEELR, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THESE DAMAGES INCLUDE BUT ARE NOT LIMITED TO, LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR ANY OTHER FORM OF DAMAGE ARISING FROM YOUR USE OF THE SITE, EVEN IF FLYWHEELR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Governing Law

 

These Terms of Use and your utilization of the Site or the app are subject to the laws of the State of Texas. They are construed and governed in accordance with the laws of the State of Texas, applicable to agreements made and intended to be fully performed within the State of Texas, without consideration of its conflict of law principles.

Dispute Resolution

Informal Negotiations

 

In an effort to promptly resolve and manage the expenses associated with any dispute, controversy, or claim arising from these Terms of Use (each referred to as a "Dispute," collectively as "Disputes") initiated by either you or us (individually, a "Party," collectively, the "Parties"), the Parties mutually agree to initially seek an informal resolution for any Dispute, except those Disputes explicitly excluded below. The Parties commit to engaging in informal negotiations for a minimum period of thirty (30) days, commencing upon written notice from one Party to the other Party.

 

Binding Arbitration

Should the Parties be unable to reach a resolution through informal negotiations, any Dispute (excluding those explicitly exempted below) will be conclusively settled through binding arbitration. This arbitration process will be initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, as applicable, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both accessible at the AAA website: www.adr.org. Arbitration fees and the apportionment of arbitrator compensation will adhere to the AAA Consumer Rules and may be restricted by them. The arbitration proceedings can take place in person, via document submission, over the phone, or online. The arbitrator is obliged to render a written decision, though a statement of reasons is not obligatory unless requested by either Party. The arbitrator must adhere to relevant law, and any award may be contested if the arbitrator fails to do so. Unless otherwise stipulated by applicable AAA rules or law, the arbitration will occur in Houston, Texas. The Parties retain the right to seek recourse in court to enforce arbitration, stay proceedings pending arbitration, or affirm, modify, vacate, or enter judgment on the arbitrator's award unless otherwise provided herein.

Should, for any reason, a Dispute be adjudicated in court rather than arbitration, such proceedings shall be initiated or conducted in state and federal courts situated in Houston, Texas. The Parties hereby express their consent to and waive any defenses concerning lack of personal jurisdiction and forum non conveniens in relation to venue and jurisdiction in these state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is expressly excluded from these Terms of Use.

Under no circumstances shall any Dispute brought forth by either Party relating to the Site be initiated more than one (1) year after the cause of action arose. If this provision is deemed illegal or unenforceable, then neither Party will opt for arbitration for any Dispute falling within that portion of this provision found to be illegal or unenforceable. Instead, such Dispute will be adjudicated by a court of competent jurisdiction within the specified courts for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

 

The Parties mutually stipulate that any arbitration proceedings shall solely address the Dispute between the Parties individually. To the maximum extent allowed by law, (a) the consolidation of any arbitration with other proceedings is expressly forbidden; (b) there is no entitlement or authorization for the arbitration of any Dispute on a class-action basis or employing class-action procedures; and (c) there is no entitlement or authorization for the initiation of any Dispute in an asserted representative capacity representing the general public or any other individuals.

 

Exceptions to informal negotiations and arbitration

 

The Parties acknowledge that the subsequent Disputes are not subject to the aforementioned provisions pertaining to informal negotiations and binding arbitration: (a) any Disputes intending to uphold or safeguard, or related to the validity of, the intellectual property rights of either Party; (b) any Dispute connected to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim seeking injunctive relief. Should this provision be deemed illegal or unenforceable, then neither Party shall opt for arbitration concerning any Dispute falling within the segment of this provision identified as illegal or unenforceable. Instead, such Dispute shall be adjudicated by a court with competent jurisdiction, within the courts designated for jurisdiction above, and the Parties mutually consent to the personal jurisdiction of that court.

 

Contact Us

To address a complaint concerning the Site or to acquire additional information regarding the use of the Site, please reach out to us at:

Flywheelr LLC
17350 State Hwy 249, Ste220,

Houston, Texas, 77064
United States


Email: support@flywheelr.com

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