Terms & Conditions
TERMS & CONDITIONS – USER AGREEMENT
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes section, below). Unless you opt out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Disclaimer of Warranties; Limitation of Liability
Flexy Funnel LLC does not guarantee, represent, or warrant that your use of our products or services will be error-free, and you agree that from time to time Flexy Funnel LLC may change, improve or remove products and services from the website at any time, without notice to you.
You expressly agree that your use of products and services from Flexy Funnel LLC is at your sole risk. All products and services delivered to you from Flexy Funnel LLC are provided “As Is” and “As Available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
Flexy Funnel LLC will not be liable to you for any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill.
You agree that the Flexy Funnel LLC website, including but not limited to the products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used contains proprietary information and material that is owned by Flexy Funnel LLC and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark. You agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. No portion of the website or service may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Flexy Funnel LLC products or services in any manner, and you shall not exploit the same in any unauthorized way whatsoever.
Copyrighted and trademarked artwork belonging to other individuals or entities may not be used as artwork in products that we print unless you have the owner’s express permission to do so. We reserve the right to (i) request confirmation of such permission, and (ii) refuse the order if, in our sole discretion, it appears that the final product would violate applicable laws. We follow this policy because a failure to do so could result in legal action by the owner. Further, subject matter that is deemed by us to contain derogatory, inflammatory or objectionable remarks, images or symbols will not be accepted. Examples of this include derogatory, inflammatory or objectionable content about an individual or a group’s race, religion, national origin, physical attributes, sexual preference or content containing profanity or pornography.
Orders can be purchased online at our website “www.FlexyFunnel.com” and can also be placed by phone (913-689-5900).
All transactions are in U.S. dollars. Online orders are payable with Visa, Mastercard, American Express, or Discover, or any other such method as Flexy Funnel LLC may introduce at its absolute discretion. Flexy Funnel LLC reserves the absolute right to accept or refuse any payment made in any form.
While Flexy Funnel LLC strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Flexy Funnel LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, Flexy Funnel LLC shall have the right, in its sole discretion, to refuse or cancel any orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Flexy Funnel LLC will issue a credit to your credit card. We apologize for any inconvenience this may cause you.
Shipping cost indicated at time of check-out are estimates only. Actual shipping costs will be based upon charges from selected carrier at the time of shipment. Even though we strive to be accurate and realistic with our lead-times, the lead-times quoted are based on our best assessment of material availability and production schedules at the point of quote, and may be subject to change at any given time. If the items you are requesting are not in stock acknowledgements with ship dates will be sent either via email or by fax.
Please contact us directly if delivery is required for a specific day. If your order is shipped by UPS and you have provided us with a valid e-mail address you should receive an e-mail with tracking information when the shipment leaves our warehouse (only applies to bulk orders of four or more). Please contact our office with any questions or concerns pertaining to shipping and/or delivery.
Returns cannot be made without Flexy Funnel LLC’s management approval. Special order items may not be returnable. Minimum restocking fee of 25% may be applied to certain refundable items, please contact customer service with questions or concerns pertaining to our return policy.
Appropriate sales tax is collected for the state of Missouri.
Legal Disputes – Agreement to Arbitrate
Any dispute or claim relating in any way to your use of any Flexy Funnel LLC service, or to any products or services sold or distributed by Flexy Funnel LLC or through FlexyFunnel.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Jurisdiction for any court proceeding shall be in the State of Missouri, County of Clay. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms & Conditions as a court would.
We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Opt-Out: You may opt out of this agreement to arbitrate. If you do so, neither you nor Flexy Funnel LLC can require the other to participate in an arbitration proceeding. To opt out, you must notify Flexy Funnel LLC in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Flexy Funnel LLC, 31950 West 146th Street, Excelsior Springs, MO 64024
You must include your name and residence address, your email address, and a clear statement that you want to opt out of this arbitration agreement.
To contact Flexy Funnel LLC about an order or question, please email Jay.Scrivener@FlexyFunnel.com or call 913-689-5900.