FLEXSMITH, LLC – Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AND CONTAINS A DISPUTE RESOLUTION CLAUSE. BY UTILIZING WWW.GETREZULTR.COM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Flexsmith, LLC (“Flexsmith”) offers a unique patented therapeutic health maintenance product under the RezultrTM brand (“Rezultr Product”). This website gives you (“Flexsmith User”, “You” or “Your”), among other things, the ability to purchase the Rezultr Product directly from Flexsmith and submit certain content on www.getrezultr.com (“Flexsmith Website”). Flexsmith periodically updates features and adds new ones depending on market conditions and other factors.

These Terms and Conditions relate to the use of the Flexsmith Website and the Rezultr Product. By accessing the Flexsmith Website and/or purchasing the Rezultr Product, You agree to be bound by these Terms and Conditions. In the event that Flexsmith updates these Terms and Conditions, your use of the Flexsmith Website/Rezultr Product following the update shall be deemed as your acceptance of, and You will be bound by, the updated Terms and Conditions. The latest version of these Terms and Conditions will be posted online at www.getrezultr.com.

1. Content Ownership. You understand that all listings, messages, text, testimonials, files, images, photos, video, audio or other materials (“Content”) posted on, transmitted through, or linked from the Flexsmith Website are the sole responsibility of the person or organization from whom such Content originated. You also understand that Flexsmith does not control and is not responsible for Content made available through the Flexsmith Website, and that by using the Flexsmith Website, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Furthermore, the Flexsmith Website and Content made available through the Flexsmith Website may contain links to other web sites that are completely independent of Flexsmith. Flexsmith makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will Flexsmith be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Flexsmith Website. You understand and agree that any uploading or posting will be at your sole risk and Flexsmith shall not be responsible to you in any way. Further, Flexsmith does not provide any warranty as to your use of third-party content or software that you obtain from the Flexsmith Website. You are also fully responsible for any Content you post on the Flexsmith Website and to the consequences of any such Content. Although Flexsmith does not claim ownership of Content that its users post, by posting Content to the Flexsmith Website, you automatically grant, and you represent and warrant that you have the right to grant, to Flexsmith an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that Flexsmith, in its sole discretion, may delete any Content for any reason.
2. Intellectual Property. Title to the intellectual property rights owned or otherwise utilized by Flexsmith and/or Flexsmith’s affiliated entities, including, but not limited to its patents, patent applications, processes, registered and common law trademarks, service marks, trade names, trade dress, symbols, slogans, emblems, logos, insignias, copyrights, trade secrets and combinations of the foregoing will always remain the property of Flexsmith. All of the information contained in the Flexsmith Website is the property of Flexsmith and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
3. Flexsmith User Representations. By utilizing the Flexsmith Website You hereby represent, acknowledge and agree that:
   (i) You will not modify, rent, release, lend, sublicense or otherwise redistribute the Rezultr Product, in whole or in part, to any other person or entity;
   (ii) You will not create or permit others to create, by reverse engineering or otherwise, products or services similar to those offered by Flexsmith or any part thereof;
   (iii) The Flexsmith Website will be used in compliance with the CAN-SPAM Act of 2003, will only be used for lawful purposes and You will not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising) in connection with the Rezultr Product;
   (iv) While utilizing the Flexsmith Websites, you will not send any content or any other text, pictures, sound, graphics, video and other data or any other materials that are listed in the Prohibited Content section of these Terms and Conditions;
   (v) You will not interfere with or disrupt the Flexsmith Website, Flexsmith’s servers or Flexsmith’s networks connected to the Flexsmith Website or any other website connected with your use of the Rezultr Product; and
   (vi) You have read, understand and will comply with Flexsmith’s Privacy Policy in connection with the Flexsmith Website.
4. Prohibited Content upon Submission. The Flexsmith Website may not be used in connection with any person and/or organization that:
   (i) Promotes any products/services in connection with illegal goods; illegal drugs; illegal drug contraband; drug paraphernalia; pornography or illicitly sexual services; escort services; dating services; pirated computer programs; illegal firearms; instructions on how to assemble or otherwise make bombs, grenades or other weapons; gambling; and/or promoting violence of any kind;
   (ii) Utilizes any material that exploits children, or otherwise exploits children under 18 years of age;
   (iii) Utilizes any material that infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
   (iv) Utilizes any material that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing, grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content; and
   (x) Utilizes any material that contains any viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
5. Product Deliver/Return Policy. The Rezultr Product is delivered through a shipment contract. The risk of loss for any Rezultr Product passes to You upon delivery to the carrier. You are responsible to file any claims directly with the carrier in the event the Rezultr Product is lost, stolen or damaged. We will use the shipping address you provide upon your order. You may return all unopened and originally sealed Flexsmith Product within thirty (30) days of your purchase for any reason. We will not accept any returns for opened Rezultr Product. We will only provide a refund after our receipt and inspection of the returned Flexsmith Product(s). If, in our sole discretion, we determine that the Flexsmith Product has been opened, unsealed or in any way tampered with, we will not issue a refund. For purposes of these Terms and Conditions, the date of your purchase shall be deemed the date we ship the product. We will not reimburse you for any shipping costs for shipping the product to you or for the return of the product.
6. Consult with a Physician. Any information on the Flexsmith Website is for informational purposes only. In no way shall the information contained on the Flexsmith Website be deemed a substitute for obtaining a physician’s advice on a particular issue and should not be considered medical advice in diagnosing or treating a health-related issue or disease. The Flexsmith Website does not recommend self-management and/or self-diagnosis relating to any particular disease or treatment. Never disregard or delay medical advice based upon the information you receive from the Flexsmith Website. You should consult with a physician about interactions with the Rezultr Product and any other medication. The products sold through and claims made on the Flexsmith Website have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. Always check the product label and packaging prior to use. Flexsmith does not warrant the truth or accuracy of any information provided on the Flexsmith Website by any third party, including product reviews, or on any third party links located on the Flexsmith Website or otherwise.
7. Usernames and Passwords. You will be responsible for any and all transactions that take place by a user who gains access to the Flexsmith Website and acts on your behalf utilizing Your user name and password. Flexsmith will accept the instructions of any individual who claims to be authorized to direct changes to Your account if that individual presents Your username and password or provides other accurate account information acceptable to Flexsmith, in its sole discretion. Flexsmith will not be responsible for the actions of any individuals who wrongfully gain access to your customer information utilizing your username and password or who otherwise wrongfully gain access to your account. In the event You become aware of any unauthorized use of Your account, You agree to notify Flexsmith immediately.
8. Termination. We may terminate You and your access to the Flexsmith Website for any or no reason.
9. Indemnification. You hereby agree to indemnify Flexsmith, and its members, shareholders, officers, directors, employees, business partners, third-party suppliers and providers, licensors, distributors and agents and hold them harmless from and against any and all liabilities, claims, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred by Flexsmith as a result of any claim made by a third party arising out of your use of the Flexsmith Website, in connection with your use of the Rezultr Product (whether as a user or as part of an therapy or exercise program for others), your violation of these Terms and Conditions and violation of any rights of a third party. You shall defend at Your sole expense any such action and shall pay any costs, damages, settlement awards and attorneys’ fees finally awarded against Flexsmith in such action which are directly attributable to such claim. By utilizing the Rezultr Product, You hereby grant to Flexsmith a non-exclusive royalty-free, worldwide license to reproduce, distribute, store, transmit, publicly perform, publicly display, digitally perform, reproduce, and otherwise use the content You provide to Flexsmith in connection with the Rezultr Product.
10. Warranty. Flexsmith does not warrant that the operation of the Flexsmith Website will be uninterrupted or error-free, or that the Flexsmith Website will be immune from fraudulent intrusion and/or unauthorized use or disclosure. Flexsmith does not make any claims or warranties as to the results that may be obtained from utilizing the Rezultr Product. You assume all responsibility for assuring the proper and lawful use of the Flexsmith Website and Rezultr Product and all liability for any improper or unlawful use of the Rezultr Product and Flexsmith Website. You assume all liability, which may arise in connection with any person or entity’s use of the Rezultr Product and Flexsmith Website. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, FLEXSMITH OFFERS THE REZULTR PRODUCT AND THE FLEXSMITH WEBSITE “AS IS” WITH NO WARRANTIES OF ANY KIND. FLEXSMITH SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF FLEXSMITH AND WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. Limitations of Liability. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTWITHSTANDING ANY PROVISION IN THESE TERMS AND CONDITIONS: (i) NEITHER FLEXSMITH, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, BUSINESS PARTNERS, SUPPLIERS, PROVIDERS, LICENSORS, DISTRIBUTORS AND/OR AGENTS WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY OF THE FOLLOWING: SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND; LOST PROFITS OR DAMAGES RELATED TO THE PROCUREMENT OF SUBSTITUTE GOODS/SERVICES, FOR LOSS OF DATA OR RELEASE OF ANY DATA TO THIRD PARTIES; OR ANY OTHER DAMAGE TO INTANGIBLE PERSONAL PROPERTY, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FLEXSMITH, ITS SUPPLIERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) FLEXSMITH’S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM YOU UNDER THESE TERMS AND CONDITIONS. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. Remedies/Disclosure of Information. Notwithstanding anything in these Terms and Conditions to the contrary, all provisions of these Terms and Conditions will be specifically enforceable, and Flexsmith will be entitled to, in addition to other available remedies, an injunction or other equitable relief for breach of any provision of these Terms and Conditions. In addition, You acknowledge and agree that Flexsmith has the right to seek damages, including, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages, when the Rezultr Product is utilized in violation of these Terms and Conditions. In the event that Flexsmith is required to respond to a third party or law enforcement subpoena that is related to Your use of the Rezultr Product, Flexsmith may require You to reimburse Flexsmith for its reasonable expenses associated with complying with such subpoena. Any provision of these Terms and Conditions that, by its nature should survive termination, will survive termination, including, without limitation, those concerning intellectual property, ownership, warranty, disclaimers and limitations of liability. Flexsmith may disclose any and all information it receives from You in the event (i) it is required by law; (ii) to protect and defend the rights of Flexsmith and/or any person or entity affiliated with Flexsmith; or (iii) incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event.
13. Miscellaneous. Flexsmith may assign its rights to any payments under these Terms and Conditions to one or more other persons/entities without Your prior written consent. In the event that one or more of the provisions contained in these Terms and Conditions shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions contained in these Terms and Conditions, and such other provisions shall be given effect in accordance with the manifest intent hereof. These Terms and Conditions set forth the entire agreement and understanding between the parties as to the subject matter hereof and supersedes and merges all prior oral and written agreements, discussions and understandings between You and Flexsmith. All notices to be given to Flexsmith in connection with these Terms and Conditions shall be in writing and shall be sufficient if sent by certified or registered mail, return receipt requested with postage prepaid, or by a nationally recognized overnight courier addressed to Flexsmith, LLC, 28 East Route 59, #52, Nanuet, New York 10954-2905, with a copy to: The Internicola Law Firm, P.C., Attn: Brian A. Lincer, Esq., 1000 South Avenue, Staten Island, New York 10314, or at such other address hereafter made known to the other party. All notices to You may be effectuated by e-mail message at any e-mail address previously provided to Flexsmith by You. You shall, at all times, maintain a valid e-mail address to receive system notifications, for billing purposes and other system alerts from Flexsmith. Any notice given as provided in these Terms and Conditions shall be deemed to have been given on the date of receipt by the party for which it is intended. Section headings are for purposes of convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions are made pursuant to, and shall be construed and enforced in accordance with, the laws of the State of New York and United States federal law, to the extent applicable, irrespective of the principal place of business, residence or domicile of the parties hereto, and without giving effect to otherwise applicable principles of conflicts of law. Any suit brought to enforce obligations hereunder shall only be brought in the courts, whether State or Federal, sitting in the County of New York, City and State of New York.

By clicking the “I’ve read and accept the terms & conditions and legal notice” button, You agree and represent that (i) You have read and understand all of the provisions in these Terms and Conditions; (ii) that you are at least 18 years of age; and (iii) all of the information that You have provided to Flexsmith is true and accurate. In addition, by clicking the “I ACCEPT” button, You authorize Flexsmith, LLC to charge the amount due to Flexsmith, LLC as provided by You.
If you have any questions, or if you require any additional information concerning these Terms and Conditions or the Flexsmith Website, please contact Flexsmith by email at info@getrezultr.com.

Copyright ©2017, Flexsmith, LLC All Rights Reserved.

FLEXSMITH TAC. Version 2017.08.08