ACCEPTANCE OF TERMS

IMPORTANT — READ CAREFULLY: BY CREATING AN ACCOUNT OR BY USING THE FLOIFY SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Welcome to the Floify service ("Service"). Your use of the Service is subject to these Terms of Service. This is a legal agreement ("Agreement") between You and Flux Corporation ("Flux"), a Nevada Corporation, for use of the Floify service. "You" refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You do not agree with the terms of this Agreement, do not use the Service. Flux reserves the right to update and change the Agreement from time to time without notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement.

The website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

E-SIGN ACT

By using the Service, You agree to receive disclosures and documents electronically.

DESCRIPTION OF SERVICE

The Service includes, and is limited to, a website allowing You access to and use of a single Floify Account. "Floify" referred to herein means Flux's Floify, an online document workflow management system. A "Floify Account" or "Account" referred to herein means a web site, provided by Flux, where You may use Floify to create, update, share, publish, and manage information, data, text, messages, or other materials ("Content").

Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from Flux, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Flux for use in accessing the Service. Flux will provide the Service in accordance with this Agreement. Flux may at its sole discretion modify the features of the Service from time to time without prior notice.

REGISTRATION

In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Flux with an electronic mail address and other information ("Registration Data"). You will choose an account designation for Your Account during the Service's registration process. You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Flux of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Flux cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current, and complete information about Yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Flux assumes no duty to verify such information as further detailed in CONTENT OF THE SERVICE. If You provide any information that is untrue, inaccurate, not current, or incomplete, or Flux has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Flux has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). If You are under 13 years of age then You are required to have a parent or guardian review and complete the registration process on your behalf.

TERMINATION, BREACH, SUSPENSION, AND CANCELLATION

Flux may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content contained in Your Account, and Flux may delete Your Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, Flux may also withdraw and at its discretion reallocate the public web address of the Service.

If You terminate Your Account, via means provided for cancellation on the Flux website or in Your Account, or via telephone call or electronic mail to Flux, and You request that Flux delete Content and files contained in Your Account, Flux will make all reasonable efforts to do so.

OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY

You are responsible for maintaining the security of Your Content and Floify Account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the Floify Account. You agree to immediately notify Flux of any unauthorized uses of the Account or any other breaches of security. Flux cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Flux be liable, in any way, for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS

Flux and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks, and service marks associated or displayed with the Service. You will not remove, deface, or obscure any of Flux's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile, or otherwise reduce to human readable form any software associated with the Service.

Floify is a registered trademark of Flux Corporation.

EXPORT RESTRICTIONS

You acknowledge that the Service, or portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer, or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

INJUNCTIVE RELIEF

You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Service, may cause irreparable injury to Flux, its affiliates, suppliers, and any other party authorized by Flux to resell, distribute, or promote the Service ("Resellers"), and under such circumstances Flux, its affiliates, suppliers, and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

PROPER USE

You understand that all Content are the sole responsibility of the person from which such Content originated. This means that You, and not Flux, are entirely responsible for all Content that You upload, post, transmit, or otherwise make available via Your Account. Flux does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content.

You understand that by using the Service, You may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Flux be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, 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 Service. You acknowledge that Flux does not pre-screen Content, but that Flux and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Flux and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not reasonably rely on any Content created by Flux or submitted to Flux. You acknowledge and agree that Flux may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Flux, its users, and the public.

You understand that the technical processing and transmission of the Service, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Flux's sole discretion as to what action should be taken. You agree that You will not:

(a) upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, a Flux official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(e) upload, post, or otherwise transmit any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", including but not limited to (a) sending mass email to recipients who haven't requested email from You or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting Your site by posting multiple submissions in public forums that are identical;

(h) upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

(j) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

(k) "stalk" or otherwise harass another;

(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices.

(m) offer for sale or sell any item, good, or service that (a) violates any applicable federal, state, or local law or regulation, (b) You do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Flux determines, in its sole discretion, is inappropriate for sale through the Service provided by Flux;

(n) use the Account website as a redirecting/forwarding service to another website;

(o) exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or having humans share User logins, or deleting, adding to, or otherwise changing other people's comments or content as an Account holder. If any user is reported to be in violation with the letter or spirit of these terms, Flux retains the right to terminate such account at any time without further warning.

GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that Flux has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. You acknowledge that Flux may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Flux retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.

You agree that You will not:

(a) upload, post, email, or otherwise transmit any computer routines, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(b) interfere with or disrupt our Service or networks connected to our website or through the use of our Service, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Service, or otherwise interfere with our Service in any way, including through the use of JavaScript, ActiveX, or other coding;

(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or

(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Flux or any other third party, except with the prior written consent of Flux or the appropriate third party.

CONTENT OF THE SERVICE

Flux takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Flux have any obligation to monitor such third-party content. Flux reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Flux also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Flux, its users, and the public. Flux will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

INTERNATIONAL USE

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.

NO RESALE OF THE SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Flux.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that (a) all of the information provided by You to Flux to participate in the Service is correct and current; and (b) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder.

NO WARRANTIES OR REPRESENTATIONS BY FLUX

You understand and agree that the Service is provided "as is" and Flux, its affiliates, suppliers, and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement, or bailment of your data on Flux's servers. Flux, its affiliates, suppliers, and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security, or performance of the Service remains with You. No oral or written information or advice given by Flux or its authorized representatives shall create a warranty or in any way increase the scope of Flux's obligations. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Flux, its affiliates, suppliers, and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.

INDEMNITY

You agree to indemnify, defend, and hold harmless Flux, its affiliates, officers, directors, employees, consultants, agents, suppliers, and Resellers from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of this Agreement, or the infringement or violation by You or any other User of Your Account, of any intellectual property or other right of any person or entity.

MODIFICATIONS TO SERVICE

Flux reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Flux shall not be liable to You or to any third party for any modification, suspension, termination, or discontinuance of the Service.

NO AGENCY

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between You and Flux Corporation is intended or created by this Agreement.

LIMITATION OF LIABILITY

In no event will Flux or its affiliates, suppliers, or Resellers be liable for any special, incidental, indirect, exemplary, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Flux, its affiliates, suppliers, or Resellers have been advised of the possibility of such damages. In any case, Flux's, its affiliates', suppliers', and Resellers' maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.

WAIVER AND SEVERABILITY

Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Flux services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

CHOICE OF LAW AND FORUM

This Agreement shall be governed by and construed under the laws of the State of Delaware, United States, as applied to agreements entered into and to be performed in Delaware by Delaware residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving the State of Delaware, United States.

ENTIRE AGREEMENT/GENERAL PROVISIONS

This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Flux may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Flux upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Flux, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to Flux under this Agreement must be sent to the following electronic mail address for such purpose:

support@floify.com

Or the following postal address:

Flux Corporation
500 Westover Drive #1604
Sanford, North Carolina 27330
United States

Last revision: 2014 January 18

WHO WE ARE AND WHAT THIS IS

Floify ("Floify" or the "Service") is a document workflow management system. It is owned and operated by Flux Corporation ("Flux").

We take the private nature of your personal information very seriously, and are committed to protecting it. To do that, we've set up procedures to ensure that your information is handled responsibly and in accordance with applicable data protection and privacy laws. We're grateful for your trust, and we'll act that way.

This privacy policy describes what information we collect when you visit Floify, how we use that information, and what choices we offer you to access, update, and control it.

Flux is committed to maintaining the confidentiality, integrity, and security of any personal information about our users. This Privacy Policy explains how we protect personal information provided through our website floify.com (the "Site") and how we use that information in connection with our service offered through the Site (the "Service"). "Personal information" for purposes of this Policy means information that identifies you, such as your name, address, phone number, fax number, or email address.

Flux stresses its privacy and security standards to guard against identity theft and provide security for your personal information. We regularly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges.

YOUR PRIVACY IS NOT FOR SALE

Simply put, we do not and will not sell or rent your personal information to anyone, for any reason, at any time. Flux uses and discloses your personal information only as follows:

  • to analyze site usage and improve the Service;
  • to deliver to you any administrative notices and communications relevant to your use of the Service;
  • to fulfill your requests for certain products and services;
  • for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud, or other criminal activity;
  • to third-party contractors that provide services to Flux and are bound by these same privacy restrictions;
  • to enforce Flux’s Terms of Service; and
  • as otherwise set forth in this Privacy Policy.

In the event that you access the Service as brought to you by one of our co-brand partners, through a co-branded URL, your email address used for registration on the Service may be provided to that co-brand partner.

WE LIMIT THE COLLECTION AND USE OF PERSONAL INFORMATION

Certain areas and features of Floify are available to you without registration or the need to provide to us any information. However, other features of the Site or the Service may require registration, which involves provision to Flux of an email address and a password (collectively the "Registration Information").

From time to time we may request other personal information to provide you with other benefits of the Service. In all such instances, you will be given the opportunity to provide or to decline to provide that information, and it will be used only for the stated purpose. Flux may make anonymous or aggregate personal information and disclose such data only in a non-personally identifiable manner to:

  • Advertisers and other third parties for their marketing and promotional purposes, such as the number of users who applied for a loan or how many users clicked on a particular Flux Offer;
  • Organizations approved by Flux that conduct research into consumer lending.

Such information does not identify you individually. Access to your Registration Information, Account Information, and any other personal information you provide is strictly restricted and used in accordance with specific internal procedures and safeguard governing access, in order to operate, develop, or improve the Service. These individuals have been selected in accordance with our security policies and practices and are bound by confidentiality obligations. They may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We may also use third party vendors or service providers to help us provide the Service to you, such as sending email messages on our behalf or hosting and operating a particular feature or functionality of the Service. Our contracts with these third parties outline the appropriate use and handling of your information and prohibit them from using any of your personal information for purposes unrelated to the product or service they're providing. We require such third parties to maintain the confidentiality of the information we provide to them.

CHANGES TO YOUR REGISTRATION INFORMATION

If your Registration Information changes during your subscription to Floify, you may update it any time via the Service.

ONLINE SESSION INFORMATION AND USE IS ONLY USED TO IMPROVE YOUR EXPERIENCE

When you visit Floify, we may collect technical and navigational information, such as computer browser type, Internet protocol address, pages visited, and average time spent on our Site. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our Web design and functionality.

"Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer’s hard drive. Flux may set and access cookies on your computer to track and store preferential information about you. Flux may gather information about you through cookie technology. For example, Flux may assign a cookie to you, to limit the amount of times you see a particular Flux Offer or to help better determine which Flux Offers to serve to you. Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to delete cookies stored on your computer. If you choose to eliminate cookies, the full functionality of the Service may be impaired for you.

We encode our cookies so that only we can interpret the information stored in them.

Web beacons are images embedded in a Web page or email for the purpose of measuring and analyzing site usage and activity. Flux, or third party service providers acting on our behalf, may use Web beacons to help us analyze Site usage and improve the Service.

We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on Floify. We may permit these service providers to use cookies and other technologies to perform these services for Flux. We do not share any personal information about our customers with these third party service providers, and these service providers do not collect such information on our behalf. Our third party service providers are required to comply fully with this Privacy and Security Policy.

THIRD PARTIES OFFERING OTHER PRODUCTS OR SERVICES WILL NOT BE GIVEN YOUR PERSONAL INFORMATION WITHOUT YOUR PERMISSIONS

There are a number of separate products and services offered by third parties advertised by us on our Site and through the Service that may be complementary to your use of Floify, such as lenders, banks, credit card issuers and brokerage institutions (collectively, "Flux Offers"). If you choose to use these separate products or services, disclose information to the providers, or grant them permission to collect information about you, then their use of your information is governed by their privacy policies. You should evaluate the practices of external services providers before deciding to use their services. Flux is not responsible for their privacy practices. If you click on a link to a third party site, Flux encourages you to check the privacy policy of that site. Flux may present links in a format that enables us to keep track of whether these links have been followed and whether any action has been taken on a third party Web site. We use this information to improve the quality of the Flux Offers and customized content on the Service.

CONTESTS, GIVEAWAYS, AND SURVEYS

From time to time, Flux may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy and Security Policy, except as specifically set forth in the rules for those contests, giveaways or promotions. From time to time, Flux may also ask you to participate in surveys designed to help Flux improve the Site. Any personal information provided to Flux in connection with any survey will be used only in relation to that survey and as elsewhere set forth in this Policy.

DISCLOSURE OF YOUR INFORMATION TO PROTECT OUR RIGHTS OR IF REQUIRED BY LAW

Notwithstanding the foregoing, Flux reserves the right (and you authorize Flux) to share or disclose your personal information when Flux determines, in its sole discretion, that the disclosure of such information is necessary or appropriate:

  • To enforce our rights against you or in connection with a breach by you of this Privacy and Security Policy or the Floify Terms of Service;
  • To prevent prohibited or illegal activities; or
  • When required by any applicable law, rule regulation, subpoena, or other legal process.

YOU CAN TRANSPORT OR DELETE YOUR DATA

Your data is yours. You can remove it anytime you want. When you request us to delete your account for the Service, your data will be permanently expunged from our primary production servers and further access to your account will not be possible. We will also promptly disconnect any connection we had established to your Account Information. However, portions of your data, consisting of aggregate data derived from your Account Information, may remain on our production servers indefinitely. Your data may also remain on a backup server or media. Flux keeps these backups to ensure our continued ability to provide the Service to you in the event of malfunction or damage to our primary production servers. We also reserve the right to use any aggregated or anonymous data derived from or incorporating your personal information.

YOUR DATA IS SECURE

We use a combination of firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of your online session and to protect Floify accounts and systems from unauthorized access.

When you register for the Service, Flux requires a password from you for your privacy and security. Flux transmits information such as your Registration Information for Floify securely.

Our servers are in a secure facility. Access requires multiple levels of authentication, including biometrics recognition procedures. Security personnel monitor the system 7 days a week, 24 hours a day.

Our databases are protected from general employee access both physically and logically. We encrypt your Service password so that your password cannot be recovered, even by us.

We enforce physical access controls to our buildings.

No employee may put any sensitive content on any insecure machine (i.e., nothing can be taken from the database and put on an insecure laptop).

it is important to understand that these precautions apply only to our Site and systems. We exercise no control over how your information is stored, maintained or displayed by third parties or on third-party sites.

FLOIFY ENSURES SECURE COMMUNICATIONS WITH ENCRYPTION

From the time you submit your Login ID and Password, these communications between your computer and Floify are encrypted. This enables client and server applications to communicate in a way that is designed to prevent eavesdropping, tampering and message forgery.

YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN ID AND PASSWORD

We maintain strict rules to help prevent others from guessing your password. We also recommend that you change your password periodically. You are responsible for maintaining the security of your Login ID and Password. You may not provide these credentials to any third party. If you believe that they have been stolen or been made known to others, you must contact us immediately at support@floify.com, but in any event you should change your password immediately via the Service. We are not responsible if someone else accesses your account through Registration Information they have obtained from you or through a violation by you of this Privacy Policy or the Floify Terms of Service.

If you have a security related concern, please contact us at support@floify.com. We will work closely with you to ensure a rapid and personal response to your concerns.

WE POST UPDATES ON FLOIFY WHENEVER THERE IS A CHANGE TO OUR PRIVACY POLICY

We update this Privacy Policy periodically. The date last revised appears at the bottom of the Policy. Changes take effect immediately upon posting.

CONTACT US IF YOU HAVE ANY QUESTIONS OR CONCERNS

If you have questions, comments, concerns or feedback regarding this Privacy Policy or any other privacy or security concern, send an email to:

support@floify.com

Or the following postal address:

Flux Corporation
500 Westover Drive #1604
Sanford, North Carolina 27330
United States

Last revision: 13 August 2013

SECURITY

We provide this overview so that you can better understand the security measures we’ve put in place to protect the information that you store using Floify.

Floify is a document workflow management system. It is owned and operated by Flux Corporation.

We take the private nature of your personal information very seriously, and are committed to protecting it. To do that, we've set up procedures to ensure that your information is handled responsibly and in accordance with applicable data protection and privacy laws. We're grateful for your trust, and we'll act that way.

Flux stresses its privacy and security standards to guard against identity theft and provide security for your personal information. We regularly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges.

SECURITY OVERVIEW

All information and files are uploaded, downloaded, stored, and processed using secure encryption.

All communications are transmitted over SSL (HTTPS) for both access to the public website as well as the API.

Our data center is guarded 24/7/365 by onsite security personnel. The data center has security cameras that monitor both the facility premises as well as each area of the data center internally. Each facility is unmarked so as not to draw any additional attention from the outside.

We regularly update our software infrastructure to incorporate patches and updates.

All data is backed up on a regular basis.

Account passwords are stored with one-way encryption so even we do not have access to them.

FOREWORD

Our partners are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following partner agreement with you in mind, as well as to protect our company's good name. So please bear with us as we take you through this legal formality.

If you have any questions, please don't hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at support@floify. You can also reach us via phone at +1 702-605-0093.

PARTNER AGREEMENT

PLEASE READ THE ENTIRE AGREEMENT.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FLUX CORPORATION, WHICH OPERATES THE FLOIFY.COM SERVICE.

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

OVERVIEW

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Floify.com's Partner Program. The purpose of this Agreement is to allow HTML linking between your web site and the Floify.com web site. Please note that throughout this Agreement, "we," "us," and "our" refer to Floify.com, and "you," "your," and "yours" refer to the affiliate.

PARTNER OBLIGATIONS

To begin the enrollment process, you will complete and submit the online application at the ShareASale.com server. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:

  1. Promotes sexually explicit materials.
  2. Promotes violence.
  3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  4. Promotes illegal activities.
  5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
  6. Includes "Floify" or variations or misspellings thereof in its domain name.
  7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
  8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
  9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Floify.com or any other affiliated business.

As a member of Floify.com's Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the Floify.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

Floify.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.

FLOIFY.COM RIGHTS AND OBLIGATIONS

We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Floify.com Affiliate Program.

Floify.com reserves the right to terminate this Agreement and your participation in the Floify.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the Floify.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Floify.com shall not be liable to you for any commissions for such fraudulent sales.

This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

TERMINATION

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of website notification or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

MODIFICATION

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and Floify.com's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Floify.com's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

SALES COMMISSIONS

Each time you refer a sales lead to Floify.com through your customized partner web link, Floify.com places a cookie on the lead's computer, if one doesn't already exist. If that lead later signs up for Floify.com with their credit card and becomes a customer ("Customer"), Floify.com looks for a cookie attributed to you. If it is found, Floify.com credits you with that sale.

Subsequently, as each payment is received from Customer, you are paid a sales commission by Floify.com, up to a maximum of USD $150 for that Customer.

Floify.com pays its partners electronically. You will be contacted to determine a method of payment of your earned commissions.

ACCESS TO PARTNER DASHBOARD

You will create a password so that you may enter Floify.com's secure dashboard interface. From there you will be able to receive your reports that will describe our calculation of the commissions due to you.

PROMOTION RESTRICTIONS

You are free to promote your own web sites, but naturally any promotion that mentions Floify.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Floify.com. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Floify.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Floify.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Floify.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Floify.com Partner Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Floify.com, floify, www.floify, www.Floify.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Floify.com’s Partner Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Floify.com's service).

Affiliate shall not transmit any so-called "interstitials," "Parasiteware," "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations and/or Add-ons," "Shopping Wallets" or "deceptive pop-ups and/or pop-unders" to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Floify.com’s site (i.e., no page from our site or any Floify.com’s content or branding is visible on the end-user’s screen). As used herein a. "Parasiteware" and "Parasitic Marketing" shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Floify.com site in IFrames, hidden links and automatic pop ups that open Floify.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

GRANT OF LICENSES

We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Floify.com's Partner Program. You agree that all uses of the Licensed Materials will be on behalf of Floify.com and the good will associated therewith will inure to the sole benefit of Floify.com.

Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

DISCLAIMER

FLOIFY.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING Floify.com SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF Floify.com ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

REPRESENTATIONS ANDN WARRANTIES

You represent and warrant that:

  1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
  2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
  3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL FLOIFY.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless Floify.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

CONFIDENTIALITY

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

MISCELLANEOUS

You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Floify.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware without regard to the conflicts of laws and principles thereof.

You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.