These Terms and Conditions (these "Terms") of Flipcoo, Inc., ("Flipcoo"), are a legally binding agreement between you and Flipcoo and its affiliates relating to your use of Flipcoo’s website and related services (collectively, the "Services"), including, without limitation, the purchase of a membership subscription to utilize the Services (a "Membership"). These Terms do not apply to any content or services provided by third parties, whether or not such third-party services (or links thereto) appear on Flipcoo’s website or are otherwise incorporated into the Services. These Terms affect your rights, so please read them carefully.
Subject to these Terms, Flipcoo will use commercially reasonable efforts to provide you the Services and commercially reasonable technical support via Flipcoo’s website and/or mobile applications available on various platforms in accordance with Flipcoo’s standard practices.
By using the Services, you are expressing your acceptance of and willingness to be legally bound by these Terms, as amended from time to time. Your use of a particular Flipcoo webpage included within the Flipcoo website may also be subject to additional terms outlined elsewhere on such a webpage. You may not use the Services without accepting these Terms.
Individuals must be 18 years of age or older to use the Services, or, if under 18, be at least 13 years old and have the consent and active involvement of a parent or legal guardian. If you agree to these Terms on behalf of a legal entity, you represent to Flipcoo that you have the authority to bind such entity and its affiliates to these terms. In such a case, the term "you" or "your" as used herein will also refer to such entity and its affiliates.
Subject to your compliance with these Terms, Flipcoo grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your Membership.
Notwithstanding anything to the contrary, Flipcoo shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning your User Content and data derived therefrom), and Flipcoo will be free (during and after the term hereof) to (a) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Flipcoo offerings, and (b) disclose such data solely in aggregate or another de-identified form in connection with its business. In furtherance of the foregoing, if you provide any suggestions, enhancement requests, recommendations, comments or other feedback relating to the Services to Flipcoo, you agree that Flipcoo and its affiliates may freely use, reproduce, license, distribute, and otherwise commercialize the feedback in connection with the Services and/or for any other lawful purpose, on a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual basis. Flipcoo will not be obligated to implement any feedback or correct any defects, bugs, or errors in the service identified in the input or otherwise.
You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services; use the Services for time sharing or service bureau purposes or otherwise for the benefit of a third party, or remove any proprietary notices or labels.
Further, you may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation are "commercial items," and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of these Terms and will be prohibited except to the extent expressly permitted by the terms of these Terms.
You represent a covenant and warrant that you will use the Services only in compliance with Flipcoo’s standard published policies then in effect (the "Policy") and all applicable laws and regulations. Although Flipcoo has no obligation to monitor your use of the Services, Flipcoo may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, "Equipment"). You shall also be responsible for maintaining the security of the Equipment, your account, passwords and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
You are not permitted to (a) transfer or otherwise make the Services available to any third party; (b) provide any service based on the Services without our prior written permission; (c) post links to third-party sites or use their logo, company name, etc. without their prior written permission; or (d) use the Services for spamming and/or other illegal purposes.
You agree that you will not upload to the Services or create any content that depicts violence, nudity, partial nudity or is unlawful, sexually suggestive, pornographic, offensive, discriminatory, threatening, libelous, defamatory, obscene, or otherwise violates any third party’s rights, including intellectual property and/or privacy rights, or that otherwise violates these Terms.
After registering for and "logging on" to your Flipcoo account, you can review and modify the specific details of your Membership status, purchases and billing information at any time by clicking the "Billing Details" link in the "My Account" section of your Flipcoo account webpage. Without limiting the following, you agree to Flipcoo’s Fees and Cancellations policy.
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices. You may not share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities that may arise therefrom. Users of public or shared computers should log out of the Flipcoo website at the completion of each visit.
If you discover that you are a victim of identity theft and that involves a Flipcoo account, you will notify Customer Support immediately. You should also report the identity theft to all of your credit card issuers, as well as your local law enforcement agency.
Flipcoo reserves the right to suspend and terminate your account at any time with or without notice if Flipcoo believes that such an account is involved in fraudulent activity. You are not entitled to any refund or other consideration in connection with the suspension of your account by Flipcoo for any reason.
This section applies to you in your capacity as a purchaser of products from Suppliers (as defined below) using the Services, even if you are also a Supplier. Suppliers are subject to additional terms and conditions which are made available to them in connection with qualifying to offer products through the Services.
As a reseller, it is your responsibility to obtain payment or assurance of payment from your customers before ordering products through the Services. Flipcoo strongly recommends obtaining proper address verification systems for credit card purchases from your customers and making sure all physical payments therefrom are deposited and cleared before placing the order through the Services. As described above, Flipcoo product orders may or may not be canceled, and returns are subject to applicable charges and fees.
You agree to purchase products through the Services for resale in compliance with applicable law and all rules and regulations imposed by applicable product manufacturers. Without limiting the foregoing, some manufacturers may require strict adherence to rules relating to product advertising (including the use of a manufacturer’s intellectual property). As such, some products may only be advertised at a "Minimum Advertised Price" (a "MAP"). For all products subject to a MAP, Flipcoo will provide two prices on a product’s webpage: the wholesale cost and the MAP. As a reseller, you agree to never advertise any products subject to a MAP to end consumers for less than the applicable MAP. Products with a MAP will be marked with an asterisk.
It is your responsibility to verify with the manufacturer a product’s information, images, and descriptions prior to marketing such products. Product images are subject to change at any time and are not to be construed as exact representations of any product.
Flipcoo shall own and retain all right, title and interest in and to (a) the Services (including the software), all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed as a result of or in connection with any support services, and (c) all intellectual property rights related to any of the foregoing. No title to or ownership of the Services, including, without limitation, any logos, designs, texts, graphics, pictures, data or content, software, platform, technologies, or any proprietary rights related to the Services, is transferred under or by virtue of these Terms. Flipcoo reserves all rights in and to the service not expressly granted to you under these Terms. Further, these Terms do not authorize you to use any name, trademark, or logo of Flipcoo. Flipcoo reserves the right to terminate your Membership without notice or liability to you if, in its sole and absolute discretion, Flipcoo believes that you are in violation of this paragraph.
Without limiting the foregoing, reproductions and alterations of individual product images and descriptions may be used for marketing & reselling purposes only. You must receive written consent from Flipcoo for any other use or any modification of product images and other copyrighted materials.
Any images of persons or personalities contained on the Flipcoo website shall not be an indication of endorsement of any particular product or the Services unless otherwise specifically indicated.
You may not repackage, reproduce, or otherwise sell Memberships, the Software, or any technology or data related thereto. Also, bulk downloading or "screen scraping" of data from the Flipcoo website is prohibited without prior express written permission. Any violation of the foregoing will result in your account being terminated without notice, and, depending on the severity of the violation, Flipcoo reserves the right to press criminal charges and/or seek civil compensation for damages, expenses, and lost revenue.
These Terms will remain in full force and effect while you use or are registered to use the Services (whether or not you maintain your Membership) and until terminated by either you or Flipcoo. Termination includes the deletion of your user account and ceasing to access the Flipcoo website. You and Flipcoo may terminate your account and these Terms at any time and for any reason or no reason at all, provided that you shall remain liable for all fees that you accrue in connection with your Membership and the Services.
All sections of these Terms which by their nature should survive termination shall survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
Flipcoo shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions in the Services. The Services may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance, either by Flipcoo or by third-party providers, or because of other causes beyond Flipcoo’s reasonable control, but Flipcoo shall use commercially reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption. HOWEVER, Flipcoo DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM the USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION THEREOF ARE PROVIDED "AS IS" AND Flipcoo DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to indemnify and hold Flipcoo, its directors, managers, officers, employees, equity holders and other representatives, harmless from any third-party claims arising out of your use of the Services or any other party accessing the Services through your account, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs, and attorneys’ fees.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, Flipcoo AND ITS DIRECTORS, MANAGERS, OFFICERS, EQUITY HOLDERS AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND Flipcoo’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO Flipcoo FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE OCCURRENCE THAT ALLEGEDLY GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT Flipcoo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Communications from Flipcoo to you may be by electronic means. You hereby consent to receive communications from Flipcoo in electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Flipcoo provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing, other than any non-waivable rights.
The Services may include certain communications from Flipcoo, such as service announcements, administrative messages, and newsletters. You may be prompted to opt into some or all of these communications upon registering your Membership. After opting-in, you may opt-out of receiving such communications at any time. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If you have any questions about our website, the Services, or these Terms, you may email us or write to us at 3401 N Thanksgiving Way Suite 150 Lehi, UT 84043, Attn: Customer Support.
While www.Flipcoo.com and all of its dependent pages contain far too much information to be quoted in their entirety in these Terms, you are responsible for reading and understanding all applicable information contained on the Flipcoo website. Flipcoo is not responsible for any inconvenience, loss of profit, or other complications that you or your business or customers may experience as a result of your failure to read and understand relevant information on the Flipcoo website.
If you have any questions about our the Flipcoo website, the Services or these Terms, you may email us or write to us at:
Please note, return shipments sent to the address above will be refused. Please contact Customer Support for instructions before returning products.
Last updated Dec. 01, 2019