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TERMS OF USE

Last Updated June 18 2020

FlackTek Inc. (“we,” “us,” or “our”) is proud to offer https://speedmixer.com (the “Website”), to provide users in the United States (“you,” “your”) access to information about our SpeedMixer™ products and services (the “Services”). Please read these Terms carefully, as they constitute a legally binding agreement between you and us. By using or accessing our Website, you are agreeing to be bound by these Terms and by our Privacy Policy, which is expressly incorporated in these Terms. If you do not agree to these Terms, you are not authorized to use or access our Website.

These Terms apply to this Website and to Services offered by FlackTek™ in the United States. These terms do not apply to any website, product, or service offered by Synergy Devices Ltd. in the United Kingdom.

Permission To Access Our Website

Provided you abide by these Terms, we grant you permission to access our Website for any authorized purpose, including acquiring information about us and our Services.

Intellectual Property Rights

The content on our Website is protected by the copyright, trademark, and other intellectual property laws of the United States. We reserve all intellectual property rights to our Website and to any registered or unregistered trademark, service mark, logo, or other proprietary material appearing on our Website. Nothing in these Terms grants you a right or license to use any registered or unregistered trademark, design right, or copyright owned or controlled by us or by any third party, except as specifically provided in these Terms.

The information on our Website, including all text, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names, or other material (the “Content”) is proprietary to us and is protected by United States copyright and trademark laws. You may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without our prior, express consent.

Third-Party Links and Information

Our Website may provide links to other websites that are owned and operated by third parties. We have no control over the content of such websites, and we make no warranty or representation as to the accuracy, timeliness and/or completeness of the information contained on such websites. The availability of links to third-party websites does not imply that we sponsor, endorse, or are affiliated with or associated with such third parties.

Our Website may contain product specifications and other information provided by third parties or collected from publicly available sources. While we will make reasonable efforts to ensure that such information is correct and up-to-date, we make no warranty or representation as to the accuracy or reliability of any such information or with regard to any product or service offered by any third party.

Prohibited Activities

By accessing our Website and accepting these Terms, you agree that you will not:

  • Use our Website or any of the Content for any commercial purpose, except as specifically authorized by us.
  • Violate, circumvent, or infringe our rights or the rights of any other person or entity, including without limitation any intellectual property, contract, privacy, or publicity rights;
  • “Frame,” “mirror,” or otherwise replicate or incorporate any portion or aspect of our Website, our name, logo, trademarks, or proprietary information, into any other website without our express written consent;
  • Damage, disable, or overburden our servers or network, impair or impede the operation of our Website, or interfere with someone else’s access to our Website.
  • Post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law, ordinance, regulation, or court order.
  • Modify, adapt, decipher, translate, decompile, disassemble, edit or reverse engineer any of the software used by us in connection with our Website, or attempt to do so, without our express written permission;
  • Solicit, encourage, or assist any person in doing, or attempting to do, any of the foregoing actions.

Availability

Our goal is to ensure that our Website is available at all times. However, from time to time our Website may be unavailable due to scheduled maintenance, service up¬grades, or unscheduled disruptions of service.

Disclaimer of Warranties

To the maximum extent permitted by law, our Website is provided “AS IS” without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed.

We cannot and do not guarantee or warrant our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for reconstruction of any lost data.

Limitation of Liability

Use of our Website is at your own risk. To the maximum extent permitted by law, we will not be liable for any loss or damage, under any legal theory and in any form, arising out of or in connection with your use of, or inability to use, our Website.

Indemnification

You agree to defend, indemnify and hold harmless us and our parents, subsidiaries, affiliates, licensors, and service providers, including our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any and all claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website.

Governing Law and Jurisdiction

Our Website is operated and provided in South Carolina. All matters arising from or relating to our Website or these Terms, including any dispute or claim, shall be governed by the law of the state of South Carolina without giving effect to any choice- or conflict-of-law provision or rule.

Jurisdiction for any court proceedings arising out of or relating to our Website or these Terms shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in South Carolina. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Non-Waiver; Severability

Any failure by us to enforce or assert our rights under any provision in these Terms shall not constitute a waiver or our right to enforce or assert rights under that provision or any other provision of these Terms.

If any provision of these Terms is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining parts of that provision, and all other provisions of these Terms, will continue in full force and effect.

Effective date and modifications

These Terms are effective as of the “last updated” date, above. We reserve the right to modify these Terms at our discretion and without notice by posting the changes here. We encourage you to visit this page periodically in order to remain informed of any changes. Changes to these Terms will be effective as of the date they are posted to this page.

Contacting Us

If you have any questions or concerns regarding these Terms, please contact us as follows:

Sharon Clark – Customer Services
FlackTek Inc.
1708 Highway 11 Bldg. G
Landrum, SC 29356
Tel.: 864.895.7441
Email: [email protected]