Last revised: January 11, 2024
These terms of use (“Terms”) constitute an agreement between ĢƵAPP, Inc. (“Flagship”) and you regarding your access to and use of Flagship’s website (the “Site”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the Site. By accessing and using this Site, you also acknowledge that your use is subject to Flagship's Privacy Policy, located here.
Use of the Site
The content available on the Site, including but not limited to text, graphics, logos, images, and software, is owned by Flagship or made available to Flagship by third parties and is protected by U.S. and international intellectual property laws. You may not use, modify, reproduce, distribute, or transmit any content from the Site without the prior written consent of Flagship. Trademarks, service marks, and logos displayed on the Site are owned by Flagship, its affiliates, or third parties and may not be used without the prior written consent of Flagship.
You may not (i) use the Site in any way that violates any applicable laws or regulations, (ii) engage in any activity that unreasonably burdens the Site’s infrastructure, (iii) employ any device, software, or routine to disrupt or try to disrupt the Site’s proper functioning or ongoing activities, (iv) reverse engineer, decompile, disassemble or otherwise attempt to derive the software constituting the Site, (v) delete or modify any content on the Site, or (vi) frame or link to any content accessible on the Site.
Disclaimers
The content on this Site is for general informational purposes only and should not be construed as investment or any other advice or a solicitation, offer, or recommendation to purchase, hold, or sell any security or other investment.
FLAGSHIP, ITS AFFILIATES, AND THEIR REPRESENTATIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, "FLAGSHIP AND ITS REPRESENTATIVES") MAKE NO REPRESENATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE CONTENT ON THE SITE. THE SITE AND CONTENT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLAGSHIP AND ITS REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNTATIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL THEORY, EVEN IF FLAGSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FLAGSHIP AND ITS REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED FIFTY DOLLARS ($50).
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Flagship and its Representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to your use of the Site, breach of these Terms, or infringement of any intellectual property or other rights of any person or entity. Flagship reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Flagship in asserting any available defenses.
Termination
Flagship reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Site, with or without notice, for any reason, including, without limitation, breach of these Terms. Upon termination, the sections entitled “Use of the Site,” “Disclaimers”, “Limitation of Liability,” “Indemnification,” “Termination”, and “Miscellaneous” shall survive the termination or expiration of these Terms and shall remain in full force and effect.
Miscellaneous
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Suffolk County, Massachusetts. Any claim or cause of action arising out of or related to the use of the Site or these Terms must be filed within one (1) year after the claim or cause of action accrues or such claim or cause of action shall be permanently barred. Flagship reserves the right to modify or update these Terms at any time without prior notice, and your continued use of the Site after any modifications signifies your acceptance of the updated Terms. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. The failure of Flagship to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Flagship. These Terms constitute the entire agreement between you and Flagship regarding the use of the Site, superseding any prior agreements, whether written or oral, between you and Flagship relating to your use of the Site.