These Terms of Use (“Terms”) apply to each user of Flamingo Electric’s (“Flamingo Electric Inc.,” “Company,” “we,” “us,” or “our”) websites where we place these Terms (“Site(s)”), and govern your use and access of such Site. All pages within the Site and any information, material, or content made available through the Site are subject to these Terms.

By accessing the Sites, you agree that you have read, understand, and agree to be legally bound by the Terms set forth below. If you do not agree to be bound by these Terms, do not access the Site. These Terms may be modified by us at any time. You can review the most current version of these Terms at any time on our website. In agreeing to these Terms, you are responsible for periodically checking for changes and/or updates to these Terms.

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU, INCLUDING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THESE TERMS CAREFULLY.

Changes to the Terms of Use or this Site

We reserve the right to change, modify, or discontinue the Site or any portion of the Site, including any and all content, at any time, without notice to you. We also reserve the right to modify or amend these Terms at any time. All changes will be effective immediately upon their posting on the Site. If we make a material change to these Terms, we will post any changes to the Terms on the Site as soon as they go into effect. By accessing the Site after any changes to these Terms, you agree to all such changes.

Your use of this Site

You are granted a limited, non-exclusive, revocable right to access and use the Site solely for your personal use or your internal business purposes only. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to crawl, scrape, index, or spider any page or portion of the Site; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) unless provided otherwise herein, to modify, reproduce, or resell any part of the Site’s content; (j) for purposes of creating a competing product or service; or (k) in any manner other than the manner in which they are intended to be used unless you first obtain our express written consent.

You are solely responsible for (and agree that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which you may suffer) of any such breach.
Privacy.

By accessing and using the Site, you agree to the terms of our Site’s Privacy Policy (“Privacy Policy”), which are incorporated into these Terms by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy.

Children

Individuals under the age of 18 (“Minors”) are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on our Site.

User accounts, password and security

To access some features of the Site, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a username and password (“Registration Information”). By creating an account on the Site, you agree to provide true, accurate, current, and complete Registration Information. You agree not to create an account using a false identity or if you have previously been removed or banned from the Site. You are responsible for maintaining the confidentiality of your Registration Information, including your username and password. You are responsible for all activities that occur on or in connection with your account and you agree to notify us immediately of any unauthorized access or use of your login information and password and, in such an event, to immediately change your password. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your account.

Trademarks

We, and the third parties from whom we have permission, own the trademarks and service marks that are used on the Site. All rights are reserved by us and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress belonging to us and their licensors may not be used without our prior written consent or the consent of our third parties. Without limiting the foregoing, no Flamingo Electric trademark or trade dress may be used in connection with any product or service that is not Flamingo Electric’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Flamingo Electric.

Copyright and other proprietary rights

All content and materials on the Site, including, without limitation, the layout, organization, design, and any graphics, text, icons, audio, video, and the like are owned by Flamingo Electric and protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms or by written consent of the owner of the proprietary rights.

We own all right, title, and interest in and to any feedback, submissions, ideas (including gift ideas, requests, or suggestions), concepts, know-how, or techniques (collectively, “Feedback”) that you submit to the Site or otherwise choose to share with us through other communication channels for any purpose (including without limitation commercialization) and without compensation to you. You hereby irrevocably assign to us all rights that you may have in the Feedback and agree to execute and deliver such additional documents evidencing the assignment and transfer of rights in the Feedback as Flamingo Electric may reasonably request from time to time.

Termination and suspension of use

We may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site without notice, for any reason in our sole discretion, including, without limitation, violation of these Terms or our belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to us, another user, or any third party.

Third party websites

The Site may contain links to other unrelated websites on the internet. We are not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms do not apply to such unrelated websites and you should review the privacy policy and terms of use for any website that you visit. We are not liable for any losses or damages incurred as the result of your dealings with such third parties.

Warranty disclaimer

THE SITE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. FURTHER, WE DO NOT WARRANT THE QUALITY, VALIDITY, ACCURACY, OR COMPLETENESS OF THE SITE, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAY MAKE CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.

Limitation of liability

FLAMINGO ELECTRIC AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM, OR VIA THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT; OR (VI) OTHERWISE RESULTING FROM THE USE OF THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE AND THE CONTENT AND INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF FLAMINGO ELECTRIC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT CONTAINED THEREIN, ANY RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED TEN DOLLARS ($10).

Choice of law and venue

These Terms and the relationship between Flamingo Electric and you shall be governed by the laws of the State of Wisconsin. You hereby consent to the exclusive jurisdiction and forum of the federal and state courts located in the state of Wisconsin for all purposes in connection with any action or proceeding which arises out of or relates to your use of the Site. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Interpretation and disputes

PLEASE CAREFULLY READ THIS PROVISION, WHICH APPLIES TO ANY DISPUTE BETWEEN YOU AND FLAMINGO ELECTRIC, INC. AND ITS AFFILIATES.

If you have a concern or dispute regarding these Terms or otherwise arising out of or relating to any aspect of the relationship between you and Flamingo or its affiliates, please send a written notice describing such concern or dispute and your desired resolution to [email protected].

If we have not resolved your dispute or concern within 60 days following written notice to [email protected], you agree that any dispute arising out of or relating to any aspect of the relationship between you and Flamingo or its affiliates will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This includes any claims that may have arisen before entry into this Agreement, such as claims related to statements about our products.

AAA’s Consumer Arbitration Rules will govern the allocation of arbitration fees and costs between you and Flamingo or its affiliates. However, if your arbitration case filing fee exceeds the filing fee you would pay to file the action in a court of law, Flamingo or an affiliate will pay the amount of your case filing fee in excess of the filing fee you would pay in a court of law. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if s/he finds that applicable law allows such reimbursement because your claims were frivolous or brought in bad faith. You are responsible for your own attorneys’ fees unless applicable law provides otherwise.

The arbitrator may only resolve disputes between you and Flamingo or its affiliates and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others relating a Boat. In other words, you and Flamingo may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action, and you agree to an arbitration on an individual basis. In any dispute, neither you nor Flamingo will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.

If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.

If you prefer, you may instead take an individual dispute to small claims court.

Indemnification

You agree to indemnify and hold harmless Flamingo Electric and its subsidiaries, affiliates, officers, agents, and employees from any claims, demands, causes of action, damages, losses, costs, and expenses in any way arising out of your use of the Site or violation of these Terms, including without limitation (i) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (ii) any claims that your use of the Site caused damage to a third party; and/or (iii) violations of any and all applicable laws, rules, or regulations from any jurisdiction.

Severability

If any provision in these Terms is held to be invalid, unenforceable, or contrary to applicable law, such provision shall be construed, limited, or altered as necessary to eliminate the invalidity, unenforceability, or conflict with applicable law, and all other provisions of these Terms shall remain in effect.

No assignment, sublicense or transfer.

You may not assign, sublicense, or transfer these Terms or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate these Terms.

Entire agreement

These Terms set forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of these Terms shall survive the expiration of these Terms including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law. Any waiver of or promise not to enforce any right under these Terms shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.

Notwithstanding anything to the contrary in the Terms, if any portion of the Terms is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void, or unenforceable, and only that portion of the Terms that is unlawful, void, or unenforceable shall be stricken.

The headings contained in the Terms are for convenience of reference only, are not to be considered a part of the Terms and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms.

Contact

To ask questions or comment about these Terms, we may be contacted at: [email protected]