Privacy Statement & Terms Policy
FliP Brands L.L.C., WEB SITE TERMS OF USE
AND LEGAL NOTICES
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU ARE UNDER
18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS
OR GUARDIAN.
IF YOU DO NOT ACCEPT THESE TERMS ("TERMS OF USE"), DO NOT USE
THIS WEB SITE.
Use of Site.
FliP Brands L.L.C. ("FliP Brands L.L.C.") authorizes you to view and download the
materials at this Web site and other FliP Brands L.L.C. Web sites that are linked
to this site or affiliated with this site ("Site"), under the
condition that all the information, communications, software, scripting,
photos, text, video, graphics, sounds, images and other materials and services
found on the Site (collectively "Content") may not be copied
or distributed, or republished, uploaded, posted, publicly displayed, performed,
distributed or transmitted in any way, without the prior written consent
of FliP Brands L.L.C. EXCEPT: only for your personal, non-commercial use, and provided
that you retain all copyright and other proprietary notices contained in
the original materials on any copies of the materials. For purposes of
these Terms, any use of this Content on any other Web site or networked
computer environment for any purpose is prohibited.
Copyrights, Trademarks And Service Marks.
Unless otherwise noted, all Content and other materials on this site
are protected as the copyrights, trade dress, trademarks and/or other
intellectual properties owned by FliP Brands L.L.C. and/or its subsidiaries and
affiliates or by other parties that have licensed their material to FliP
llc. The Content of this Site is copyrighted and any unauthorized use
of the Content of this Site may violate copyright, trademark, and other
laws, in addition to being a material breach of the Terms of Use.
There are a number of proprietary logos, service marks, trademarks, slogans
and product designations ("Marks") found on this Site. By making
them available on this Site, FliP Brands L.L.C. is not granting you a license to
use them in any fashion. Access to this Site does not confer upon you any
license under any of FliP Brands L.L.C.'s or any third party's intellectual property
rights. Use of FliP Brands L.L.C.'s proprietary logos, service marks, trademarks,
slogans and product designations found on this Site by users is restricted
as set forth in the Terms of Use. A Franchise Agreement with the Franchisees
governs use of the Content and the Marks by Franchisees.
FliP Crepes TM , FliP Crepes TM Logo and Designs, are all registered trademarks,
pending applications, and/or common law marks of FliP Brands L.L.C. in the United
States.
FliP Brands L.L.C.'s trademarks may be used publicly with permission only from
FliP Brands L.L.C.. Fair use of FliP Brands L.L.C.'s trademarks in advertising and promotion
of FliP Brands L.L.C. products requires proper acknowledgment. No FliP Brands L.L.C. trademark
or service mark may be used as a hyperlink without FliP Brands L.L.C.'s prior written
permission.
All other names and brands are the proprietary marks of others.The various
marks on this site represent some of the marks currently owned or controlled
in the United States and/or in one or more other countries by FiP llc
or under license to FliP Brands L.L.C.. The display of these marks and of notices
associated with these marks is not intended to be a comprehensive compilation
of all FliP Brands L.L.C. worldwide proprietary ownership rights, and FliP Brands L.L.C.
may own or control other proprietary rights in one or more countries
outside of the United States.
User Submissions.
FliP Brands L.L.C. does not accept, nor does it solicit, any product or process
ideas, innovations suggestions, improvements or other user submissions.
All remarks, suggestions, ideas, innovations, graphics, materials, information,
data, concepts, submissions or other communications you transmit or post
to this Site (together, the "Communications") are assigned to, and will
forever be the property of, FliP Brands L.L.C. without any further compensation or
other benefit to the user submitting such Communications. Other than personally
identifiable information, which is covered under the FliP Brands L.L.C. Privacy Statement,
any Communications will be considered non-confidential and non-proprietary.
FliP Brands L.L.C. will not be liable for any ideas for its business (including without
limitation, product, or advertising ideas) and will not incur any liability
as a result of any similarities that may appear in future FliP Brands L.L.C.. FliP
llc will have exclusive ownership of all present and future existing rights
to the Communications of every kind and nature everywhere.
For any Communications that cannot be legally assigned to FliP Brands L.L.C., you
hereby grant FliP Brands L.L.C. and its designees an unrestricted, perpetual, royalty-free,
irrevocable license to use, reproduce, display, perform, modify, transmit
and distribute the Communications for any and all commercial or non-commercial
purposes, and agree that FliP Brands L.L.C. is free to use any ideas, concepts,
know-how or techniques that you send FliP Brands L.L.C. for any purpose whatsoever
without compensation to you or any other person sending the Communication.
In addition, you warrant that all so-called "moral rights" with respect to
the Communication have been waived.
You are prohibited from posting or transmitting to or from this Site
any unlawful, threatening, libelous, defamatory, obscene, pornographic,
or any other material that would violate any law, or that could give
rise to any civil or criminal liability under the law.
Links To Third Party Web Sites.
This Site may provide links to other third party Web sites or resources.
Such links to third party Web sites on this Site are provided solely
as a convenience to you, and do not constitute or imply an endorsement,
sponsorship or recommendation of, or affiliation with the third party
or its products and services. FliP Brands L.L.C. has not reviewed all of these
third party sites and does not control and is not responsible for any
of these sites or their content. Thus, FliP Brands L.L.C. makes no representations
whatsoever about any other web site, which you may access through this
Site, or any information, software or other products or materials, found
there, or any results that may be obtained from using them. If you decide
to access any of the third party sites linked to this Site, you acknowledge
and agree that FliP Brands L.L.C. is not responsible for the availability of such
external sites or resources and is not responsible or liable for any
content, advertising, products, services or other materials on or available
from such sites or resources. It is up to you to take precautions to
ensure that whatever you select for your use is free of such items as
viruses, worms, Trojan horses and other items of a destructive nature,
and you do so entirely at your own risk. Accordingly, you agree that
FliP Brands L.L.C. shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such third-party materials, content, products
or services available on or through any such site or resource.
Disclaimer.
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY.
FliP Brands L.L.C. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY,
USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR
THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE
SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE.
FliP Brands L.L.C. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE FliP Brands L.L.C. MAY
MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT
FliP Brands L.L.C. ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED
IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION
AVAILABLE ABOUT FliP Brands L.L.C.. FliP Brands L.L.C. UNDERTAKES NO OBLIGATION TO VERIFY
OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. INFORMATION PUBLISHED
AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT
AVAILABLE IN YOUR COUNTRY.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
THE SECTION OF THE SITE FOR PROSPECTIVE FRANCHISEES IS NOT AN OFFER TO
SELL A FRANCHISE. SUCH OFFERS CAN ONLY BE MADE THROUGH THE DELIVERY OF
A UNIFORM FRANCHISE OFFERING CIRCULAR (UFOC). FILING OF AN APPLICATION
FOR REGISTRATION IN A PARTICULAR STATE DOES NOT CONSTITUTE APPROVAL,
RECOMMENDATION OR ENDORSEMENT BY ANY STATE REGULATORY AGENCY NOR A FINDING
THAT THE INFORMATION PROVIDED HEREIN IS TRUE, COMPLETE AND NOT MISLEADING.
Limitation of Liability. IN NO EVENT WILL FliP Brands L.L.C., ITS SUPPLIERS, OR
OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED
TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE,
INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED
TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT
ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY
OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS
SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING
THE FOREGOING, FliP Brands L.L.C.'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT,
TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT
OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
Procedure for Making Claims of Copyright Infringement.
FliP Brands L.L.C. respects the intellectual property rights of others, and expects
its users to do the same. FliP Brands L.L.C., upon receiving proper notice, act
to remove or disable access to any such material as set forth in the
Digital Millennium Copyright Act (17 USC § 512) (DMCA)DMCA Website. Any notifications
of claimed copyright infringement must be sent to FliP Brands L.L.C. at the following
address: legal@flipcoffee.com. When notifying FliP Brands L.L.C. of the alleged copyright
infringement, please provide complete and sufficient information, including
identification of the copyrighted work alleged to have been infringed,
the alleged infringing material, the address and contact information for
the owner of the alleged copyright material, and a statement that the information
in the notification is accurate, and, under the penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of the
alleged copyright.
GENERAL TERMS
Applicable Laws.
FliP Brands L.L.C. from its offices within the United States of America controls
this Site. FliP Brands L.L.C. makes no representation that the Content in this
Site is appropriate or available for use in locations other than the
United States, and access to them from territories where their content
is illegal is prohibited. Those who choose to access this site from other
locations do so on their own initiative and are responsible for compliance
with applicable local laws. You may not use or export the Content in
violation of U.S. export laws and regulations.
These Terms of Use and any disputes arising under or related to these
Terms of Use (whether for breach of contract, tortuous conduct or otherwise)
and any claim relating to the Content shall be governed by the internal
substantive laws of the State of Florida. By using this Site, and agreeing
to the Terms, you agree to be subject to personal jurisdiction in the
Federal and State courts of the State of Florida. In addition, you hereby
accept and submit to the personal jurisdiction of these Florida courts
with respect to any legal actions, suits or proceedings arising out of
these Terms of Use. You also waive to the fullest extent permitted by
law any right to a trial by jury in any action, suit or proceeding brought
to enforce, defend or interpret any right or remedies under, or arising
in connection with or relating to, these Terms of Use.
Equal Opportunity.
FliP Brands L.L.C. is an equal opportunity employer committed to a diverse workforce.
FliP Brands L.L.C.'s franchisees each hire their own employees and establish their
own terms and conditions of employment, which may differ from those described.
The franchisee is the entity responsible for all employment related decisions.
To be considered for a posted job opportunity, you must submit an application.Termination.
FliP Brands L.L.C., in its sole discretion, may terminate or restrict your use
or access to this Site (or any part thereof) for any reason, including,
without limitation, if FliP Brands L.L.C. believes you have violated or acted inconsistently
with the letter or spirit of these Terms, or if you are in breach of
the terms of this Agreement. Upon termination, you will immediately destroy
any copies of Content of this Site, whether in printed or software format.
Notices. Notices to you may be made via either email or regular mail.
FliP Brands L.L.C., may also provide notices of changes to the Terms of Use or
other matters by displaying notices or links to notices to you generally
on the Site.
Privacy.
FliP Brands L.L.C. recognizes the need to protect the privacy of users of this
Site, and to provide additional privacy protection to children. FliP
llc encourages parents to supervise their children's online activities.
Children 12 years old and younger may visit this Site without disclosing
any personally identifiable information. However, it is sometimes necessary
to collect some personally identifiable information about children from
their parent or legal guardian in order to allow them to use some features
of our site. Please see our Privacy Statement for more information.
Revisions.
FliP Brands L.L.C. may make changes to the materials and services at this Site,
or to the products and prices described in them, at any time without
notice. You should visit this page from time to time to review the then-current
Terms of Use because they are binding on you. Certain provisions of these
Terms of Use may be superseded by expressly designated legal notices
or
terms located on particular pages at this Site. The materials and services
at this Site may be out of date, and FliP Brands L.L.C. makes no commitment to
update the materials and services at this Site.
Additional Terms.
Certain products or services offered by this Site, whether by FliP Brands L.L.C.
or its partners, and certain areas within this Site may be governed by
additional terms of use and/or other agreements ("Additional Terms")
presented in conjunction with those products or services. You must agree
to these Additional Terms before using those areas. The Additional Terms
and this Terms of Use shall apply equally. In the event of an irreconcilable
inconsistency between the Additional Terms and this Terms of Use, the Additional
Terms shall control.
Waiver.
FliP Brands L.L.C. failure to enforce any part of these Terms of Use shall not
constitute a waiver of any of FliP Brands L.L.C.'s rights under these Terms of
Use, whether for past or future actions on the part of any person. Neither
the receipt of any funds by FliP Brands L.L.C. nor the reliance of any person on
FliP Brands L.L.C.'s actions shall be deemed to constitute a waiver of any part
of these Terms of Use. A specific, written waiver signed by an authorized
representative of FliP Brands L.L.C. may only provide a legal waiver.
Severability.
If any provision of these Terms of Use shall be found to be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the validity
and enforceability of any remaining provisions.
Acceptance of Terms.
You acknowledge you have read, and agree to be bound by these Terms and
to comply with all applicable laws and regulations, including without
limitation U.S. export and re-export control laws and regulations regarding
the transmission of technical data exported from the United States or
the country in which you reside. You further agree to comply with all
local laws, regulations and rules regarding online conduct and acceptable
Content. You represent you have the legal authority to accept these Terms
on behalf of yourself or any party you represent.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.