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Terms of Use Terms of Use Use of this website is subject to certain terms and conditions. The terms and conditions (“Terms of Use”) and the privacy policy (“Privacy Policy”), apply to use of this Flash Track Digital, LLC’s (“FTD”) services and website and platforms developed (collectively “Sites”) and analytics services provided by FTD for your business (the “Services”).  Acceptance of Terms: By accessing and using the Services, or by clicking “I Accept” when signing up for an account with FTD, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy referenced herein. If you do not accept these Terms of Use and the Privacy Policy you are not authorized to use the Services. FTD may make modifications to the foregoing at any time and such modification will be effective upon posting to the FTD’s website. Your continued use of the Services after any modifications to these Terms of Use shall indicate your agreement with such modified terms. Additional Terms: Some portions of the Services may have additional rules guidelines or terms posted. If there is a conflict between these Terms of Use and the rules, guidelines or terms for Services, the latter will prevail regarding your use of that area of the Services.  In addition, in order to activate your account, your employees and users of FTD services may involve agreeing to the terms and conditions of a license or other agreement.Access.  You will be granted access to FTD’s website and analytics that are produced for your use only.    Content: The Site may contain material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”). The Content may be owned by you, us or may be provided through an arrangement FTD have with others, including other users of the Services. The Content is protected by copyright under both United States and foreign laws and may not be modified or altered in any way. Unauthorized use of the Content may violate copyright, trademark, and other laws. No other use is permitted without prior written consent from us or the owner of the Content. If you violate any part of these Terms of Use, your permission to access and/or use the Content developed by FTD automatically terminates.Third Party Content: You shall be solely responsible for Content you submit and the consequences of our posting or publishing such Content. FTD also reserves the right to decide whether Content posted by you is appropriate and complies with these Terms of Use for copyright infringement and violations of intellectual property law, as well as other violations, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. FTD may remove such Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion. Links to External Sites: You Site(s) may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. Permitted Use: You may not access or utilize the Services or your Sites in any manner that could damage, disable, overburden, or impair any FTD accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of any FTD accounts, computer systems or networks. You may not use any robot, spider, scraper or other automated means to access any FTD accounts, computer systems or networks. You may not access, download, use or export Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. Site Security:  You are prohibited from violating, or attempting to violate, the security of FTD’s website and analytic data. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security include without limitation: • logging into or attempting to log into a server or account that you are not authorized to access;• accessing data or taking any action to obtain data, information or services not intended for you or your use;• attempting to probe, scan or test the vulnerability of any system or network;• tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;• transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of the site.Payment, Refunds, Upgrading and Downgrading Terms:  A valid credit card is required to activate your account. The Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.  All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.  For any upgrade or downgrade in services, your credit card that you provided will automatically be charged the new rate on your next billing cycle.Cancellation and Termination:  You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by given FTD thirty (30) days’ prior written notice. All of your Content may be deleted upon cancellation unless you concurrently provide information for where it can be sent. Deletion can occur as early as ten (10) days following cancellation.  This information cannot be recovered once your account is cancelled.  If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.  FTD, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account. FTD reserves the right to refuse service to anyone for any reason at any time.Modifications to the Service and Prices:  FTD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.  Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the FTD Site ( or the Service itself.  FTD shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.Password Protection: Access to, and use of, password protected areas of the Site is restricted to authorized users only and you may not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to your account. You agree to notify FTD immediately of any unauthorized use of your password(s) or account(s).Indemnification: You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Services. FTD shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. FTD reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. Disclaimer of Warranty and Limitation of Liability: FTD AND ITS AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. FTD SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK. FTD DOES NOT WARRANT THAT THE SERVICES OR ANY SITE DEVELOPED WILL OPERATE ERROR FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FTD SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FTD HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL FTD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT (INCLUDING THE USER CONTENT), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A FTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHER, FTD’S LIABIILITY FOR ANY CLAIM SHALL NOT EXCEED THE LESSER OF: (A) THE AGGREGATE AMOUNT OF PAYMENTS RECEIVED FROM YOU DURING THE TWELVE MONTHS PRIOR TO THE DATE OF THE CLAIM, OR (B) $10,000.Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.General Conditions: Technical support is only provided to paying account holders and is only available via email or telephone.  You understand that FTD uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.  You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with FTD.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by FTD.  Verbal, physical, written or other abuse (including threats of abuse or retribution) of any FTD customer, employee, member, or officer will result in immediate account termination.  You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.  You must not transmit any worms or viruses or any code of a destructive nature.  If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by FTD) of other FTD customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.  FTD does not warrant that (i) the service will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.  Arbitration of Disputes:  Any dispute arising under this Agreement shall be resolved through a mediation - arbitration approach.  The parties agree to select a mutually agreeable, neutral third party to help them mediate any dispute that arises under the terms of this Agreement.  Costs and fees associated with the mediation shall be shared equally by the parties. If the mediation is unsuccessful and except for provisional remedies which are expressly reserved for the appropriate superior or federal courts having jurisdiction, any dispute arising out of or related to this Agreement will be resolved by binding arbitration before a single arbitrator in Los Angeles, California.  The arbitrator shall apply California substantive law and shall have the power to award any legal and equitable remedy including punitive damages.  The prevailing party in the arbitration shall recover its reasonable attorneys’ fees and the costs of the arbitration in addition to other relief.  Except as provided above, the procedural aspects of the arbitration will be conducted pursuant to Part 3, Title 9, of the California Code of Civil Procedure, §§1281 et seq.Miscellaneous:  These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and our Service Providers without restriction. These Terms of Use are governed by the internal substantive laws of California, without respect to its conflict of law provisions. Except where arbitration is required, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Los Angeles, California. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to such subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.  Electronics or click through elections shall be deemed originals and enforceable in all respects.