TERMS AND CONDITIONS

March 6, 2023

By accessing or using the Site, you agree to be bound by these terms of use (the "Agreement"). These Terms and Conditions ("Agreement") govern the use of the website ("Site") operated by Flock Credit Cards LLC ("we", "us", or "our").

By accessing or using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site.

USE OF THE SITE

The Site is provided for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.

  •  You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:
  •  In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  •  For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  •  To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  •  To impersonate or attempt to impersonate Flock Credit Cards LLC, a Flock Credit Cards LLC employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

INTELLECTUAL PROPERTY

All content on the Site, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and other material ("Content"), is the property of Flock Credit Cards LLC or its content suppliers and is protected by United States and international copyright laws.

You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without our prior written consent.

  •  Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  •  You may store files that are automatically cached by your Web browser for display enhancement purposes.
  •  You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  •  In any way that violates any applicable federal, state, local or international law or regulation.
  •  For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  •  To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  •  To impersonate or attempt to impersonate Flock Credit Cards LLC, a Flock Credit Cards LLC employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  •  To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Flock Credit Cards LLC or users of the Site or expose them to liability.

We reserve the right to terminate your use of the Site for violating any of the prohibited uses or for any other reason in our sole discretion.

DISCLAIMER OF WARRANTIES

The Site and its Content are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We make no representation or warranty that the Site will meet your requirements, or that the Site will be uninterrupted, timely, secure, or error-free. We make no representation or warranty regarding the quality of any products, services, or information purchased or obtained through the Site or the accuracy, timeliness, truthfulness, completeness, or reliability of any Content obtained through the Site.

LIMITATION OF LIABILITY

In no event shall Flock Credit Cards LLC be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Site or its Content, including but not limited to damages for loss of profits, use, data, or other intangible property.

INDEMNIFICATION

You agree to indemnify and hold Flock Credit Cards LLC, its affiliates, and their respective officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Site, your violation of this Agreement, or your violation of any rights of another.

TERMINATION

We reserve the right to terminate your access to the Site for any reason, without prior notice and without liability to you.

DISPUTE RESOLUTION

Any controversy, claim, or dispute arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, Flock Credit Cards LLC may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Flock Credit Cards LLC with respect to the use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Flock Credit Cards LLC.

MODIFICATION

We may modify this Agreement at any time in our sole discretion by posting a revised version of this Agreement on the Site. Your continued use of the Site after the effective date of any revised Agreement constitutes your acceptance of the terms and conditions of the revised Agreement.

ASSIGNMENT

You may not assign or transfer this Agreement, or any rights or obligations under this Agreement, without our prior written consent. Any attempted assignment or transfer in violation of this Agreement will be null and void.

WAIVER

Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

CONTACT INFORMATION

If you have any questions about this Agreement, please contact us at [email protected].

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