Terms and Conditions

Terms and Conditions 

Effective Date: November 18, 2022 

The following terms and conditions govern your access and use of Flowcess, LLC  

 ("Flowcess") website (collectively, "Website"),  and social media platform sites (collectively, the “Services”). 

Please read the Terms and Conditions carefully before you start to use the Services.  Your access or use of any of the Services signifies your agreement to Terms and Conditions and our Privacy Policy, incorporated by reference.  

The Services are offered and available to users who are 16 years of age or older.  By using the Services, you represent and warrant that you are of legal age to form a binding contract with Flowcess and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use any of the Services. 

Changes to the Terms and Conditions 

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them. 

Your continued access to or use of the Services following the posting of revised Terms and Conditions signifies that  you accept and agree to the changes. 

Accessing the Services  

We reserve the right to withdraw or amend any of the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to users. 

You are responsible for: 

• Making all arrangements necessary for you to have access to the Services. 

• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them. 

• To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that all information you provide, including but not limited to through the use of any interactive features of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

• If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

• We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms and Conditions. 

Intellectual Property Rights 

The Services and all content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Flowcess, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 

The Terms and Conditions permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material presented in the Services, except as follows: 

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. 

• You may store files that are automatically cached by your Web browser for display enhancement purposes. 

• If we provide social media features with certain content, you make take such actions as are enabled by such features. 

You may not: 

• Modify copies of any materials from this site. 

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. 

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. 

• You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms and Conditions, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content therefor is transferred to you, and all rights not expressly granted are reserved by Flowcess. Any use of the Services not expressly permitted by the Terms and Conditions is a breach, and may violate copyright, trademark and other laws. 

Trademarks 

You may not use Flowcess’ trademarks without its prior written permission. 

Prohibited Uses 

You may use the Services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Services: 

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. 

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation. 

• To impersonate or attempt to impersonate Flowcess, or its employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). 

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Flowcess or users of the Services or expose them to liability. 

Additionally, you agree not to: 

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.  

• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services. 

• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent. 

• Use any device, software or routine that interferes with the proper working of the Services. 

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. 

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services. 

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack. 

• Otherwise attempt to interfere with the proper working of the Services. 

User Contributions 

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features ("Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons content or materials ("User Contributions") on or through the Services. 

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings. 

You represent and warrant that: 

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers. 

• All of your User Contributions do and will comply with these Terms and Conditions. 

• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Flowcess, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. 

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services. 

Monitoring and Enforcement; Termination 

We have the right to: 

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion. 

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Flowcess. 

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. 

• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms and Conditions. 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS FLOWCESS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FLOWCESS AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

However, we cannot undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: 

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. 

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. 

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. 

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy. 

• Be likely to deceive any person. 

• Promote any illegal activity, or advocate, promote or assist any unlawful act. 

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. 

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. 

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

Copyright Infringement 

Flowcess is committed to respecting the rights of copyright holders. If you believe that any User Contributions violate your copyright, please contact us and provide the following information: 

1. A description and copy of the copyrighted work you claim has been infringed; 

1. A description of where the material you claim is infringing is located on the site; 

1. Your address, telephone number, and email address; 

1. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; 

1. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and 

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 above. 

Designated Agent for Notification of Claimed Copyright Infringement 

By mail: 

Flowcess, LLC  

4155 Twilight Court 

Oshkosh, WI 54904 

By email: privacy@flowcess.com  

Reliance on Information Posted 

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

The Services may include content provided by third parties, including materials provided by other users such as bloggers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Flowcess, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Flowcess. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Changes to the Website 

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Website 

All information we collect on the Services is subject to our Privacy Policy. By accessing or using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Online Purchases and Other Terms and Conditions 

All purchases through our site or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms and Conditions. 

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions. 

Linking to the Website and Social Media Features 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. 

This Website may provide certain social media features that enable you to: 

• Link from your own or certain third-party websites to certain content on this Website. 

• Send e-mails or other communications with certain content, or links to certain content, on this Website. 

• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. 

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: 

• Establish a link from any website that is not owned by you. 

• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. 

• Link to any part of the Website other than the homepage. 

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. 

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Services 

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE WEBSITE, ITS CONTENT, THE SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE SERVICES, AND ITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLOWCESS NOR ANY PERSON ASSOCIATED WITH FLOWCESS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FLOWCESS NOR ANYONE ASSOCIATED WITH FLOWCESS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE SERVICES  WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

FLOWCESS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation on Liability 

IN NO EVENT WILL FLOWCESS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Indemnification 

You agree to defend, indemnify and hold harmless Flowcess, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’  content, services and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Services. 

Governing Law and Jurisdiction 

All matters relating to the Services and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. 

Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in the City of Madison and Dane County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Waiver and Severability 

No waiver of by Flowcess of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Flowcess to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. 

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

Entire Agreement 

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Flowcess with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. 

Your Comments and Concerns 

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to privacy@flowcess.com.