Terms and Conditions of Use

1. Terms

By accessing this website, you agree to be bound by these Terms and Conditions of Use and you waive any right you may otherwise have had to object to these Terms and Conditions of Use. You agree to comply with all applicable laws, rules and regulations in connection with your use of this website. If you do not agree with any of these Terms and Conditions of Use, you are not authorized to access or use this website. This website and the materials contained in and made available at this website are protected by applicable copyright and trade mark law. All rights not expressly granted herein are reserved.

2. Use

You are authorized to temporarily download one copy of the materials (information or software) from this website for personal, non-commercial transitory viewing only, provided that you execute a Limited License Acknowledgment in favor of Flax download here. This authorization does not constitute a transfer of any rights, title or interest of Flax, and you may not, without Flax’s express written consent:

i. alter, modify, reformat, display, transmit, publish, license, create derivative works from, reverse engineer, decompile, reproduce, duplicate, copy, transfer, distribute, disseminate, sell, resell or otherwise exploit for any commercial purposes or for any public display, any information, software, documents, graphics, products or services obtained from or made available through your use of this website;

ii. remove any copyright or other proprietary notations from the materials made available via the website; or

iii. remove or transfer the materials to another person or "mirror" the materials on any other server.

Flax reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your access to the website, at any time and without prior notice. You agree that Flax shall not be liable to you or any third party for any rejection, cancellation or termination of your access to the website. Upon termination of your access to and/or use of the website, you must destroy any materials previously downloaded from the Flax website which are in your possession or under your control, whether in electronic or printed or any other format.

3. Disclaimer

The materials on Flax's website are provided "as is". FLAX MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. Further, Flax does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

To the fullest extent permitted by law, In no event shall Flax or its suppliers be liable for any damages whatsoever, including without limitation any special, incidental, direct, indirect, punitive, consequential or exemplary damages (including without limitation damages for loss of data or profit, or due to business interruption,) arising out of or related to your use or inability to use the materials on Flax's website, even if Flax or a Flax authorized representative has been notified orally or in writing of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Indemnification

You agree to defend, indemnify and hold Flax, its subsidiaries, affiliates and their respective directors, officers, managers, members, agents, employees and representatives harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees and costs, incurred by Flax in connection with a third party claim, action or demand due to, arising out of, related to or otherwise attributable to your use of the website or your violation of these Terms and Conditions.

6. Revisions and Errata

The materials appearing on Flax's web site could include technical, typographical or photographic errors; outdated, offensive or objectionable information; and/or omissions. Flax does not warrant that any of the materials on its website are accurate, complete or current. Flax may make changes to the materials contained on its website at any time without notice. Flax does not, however, make any commitment to update the materials.

7. Links

Flax has not reviewed all of the websites, web pages, services and resources linked to its website and operated by parties other than Flax, and Flax is not responsible for the contents, terms and conditions of use, privacy policy or overall security of any such linked website. The inclusion of any link does not imply endorsement by Flax of that website or any content, advertising, products, services or other materials on or available at, from or through such other websites. Use of any such linked website is at your own risk. And you agree that Flax 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 your use of or reliance on any such content, advertising, products, services or other materials on or available at, from or through any such other website.

8. Modifications to Terms and Conditions

Flax may revise, modify, amend, update or otherwise change these Terms and Conditions of Use at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use. You agree that Flax will not be liable to you or to any third party for any modification, amendment, revision, suspension, discontinuance or other change to the website and/or these Terms and Conditions of Use.

9. Governing Law; Jurisdiction and Venue

Any claim relating to these Terms and Conditions of Use and/or your access to and use of Flax's website shall be governed by the laws of the State of New York without regard to its conflict of law provisions. By using this website, you hereby irrevocably consent to the personal and exclusive jurisdiction and venue of federal and state courts in Tompkins County, New York regarding any and all disputes relating to these Terms and Conditions or your access to or use of this website.

10. General

These Terms and Conditions of Use, together with Flax’s Privacy Policy view here shall constitute the entire agreement and understanding between you and Flax regarding your use of the website. No other agreement or understanding purporting to modify these Terms and Conditions of Use shall be binding upon Flax unless agreed to by Flax in writing. The failure of Flax to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions of Use which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

11. Copyright Disputes

Flax will respond to allegations of copyright infringement related to the materials on the website in accordance with procedures outlined by the Digital Millennium Copyright Act (“DMCA”). Pursuant to the DMCA, notification of any claimed copyright infringement which complies with the requirements of the DMCA should be directed to Flax’s copyright agent via mail.