Términos del servicio

Flag Nor Fail and its affiliates and subsidiaries (collectively “Flag Nor Fail,” “our,” “us,” or “we”) owns and operates https://www.flagnorfail.com and its associated websites, mobile sites, and mobile or tablet apps (collectively, the “Sites”). Flag Nor Fail provides its Sites, including but not limited to all information, videos, images, tools, webinars, commenting, linking, publishing, and purchasing capabilities, and all other services made available by us to Users from time to time, whether through our Sites or through other means (collectively, the “Services”).

PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING, REGISTERING TO USE, OR USING THE SERVICES, YOU (“YOU,” “YOUR,” OR THE “USER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN SECTION 18 AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR DATA PROTECTION AND PRIVACY POLICY.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT ACCESS OR USE THE SERVICES. IF YOU VIOLATE THIS AGREEMENT OR OUR DATA PROTECTION AND PRIVACY POLICY, WE RESERVE THE RIGHT TO DENY YOU ACCESS TO OUR SERVICES TOGETHER WITH ANY AND ALL OTHER LEGAL REMEDIES.

This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.

The headings used herein are included for convenience only and will not limit or otherwise affect this Agreement.

1. ENTIRE AGREEMENT.

This Agreement and our Data Protection & Privacy Policy and any other agreements we may post on the Services from time to time comprise the entire agreement between User and Flag Nor Fail, and supersedes any and all prior agreements between the parties regarding the subject matter contained herein (including but not limited to any prior versions of this Agreement). All such additional terms and conditions are hereby incorporated by this reference into this Agreement.

By using our Services, you attest that you are authorized to use our Services as stated herein, and that you will comply with this Agreement, our Data Protection & Privacy Policy, and all applicable laws, rules, and regulations.

2. DESCRIPTION OF SERVICE.

Flag Nor Fail grants you a limited, revocable, non-exclusive, non-transferable right to review, and in some instances print content from our Services (e.g., our website) for your personal and educational purposes, as long as they do not violate any aspect of this Agreement or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. Flag Nor Fail reserves the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.

Flag Nor Fail (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Data Protection and Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Data Protection and Privacy Policy.

3. MODIFICATIONS TO SERVICE AND TERMS AND CONDITIONS.

Flag Nor Fail reserves the right, at any time, to modify or discontinue the Services temporarily or permanently, with or without notice and for any reason, including but not limited to performing maintenance, repairs, upgrades, or promotions. Flag Nor Fail shall not be liable to any User or any third party should Flag Nor Fail exercise its right to modify or discontinue any Services provided.

Flag Nor Fail also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at https://flagnorfail.com/policies/terms-of-service. Your continued use of the Services constitutes your agreement to abide and be bound by this Agreement and any modifications to this Agreement.

4. NO RESALE OF SERVICE.

You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the Services, use of the Services, or access to the Services.

5. CONTENT OWNERSHIP.

The content on the Flag Nor Fail Sites, including but not limited to, content, features, functionality, photos, articles, and site layout, as well as all logos of Flag Nor Fail appearing on the Flag Nor Fail website (the “Site Content”), are the exclusive property of Flag Nor Fail, our affiliates, or licensors and are protected by intellectual property and proprietary rights laws. We reserve any and all rights to the Site Content. Commercial use of the Site Content is prohibited.

The Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission. However, you may download and print Site Content for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Site Content, and do not further reproduce, publish, or distribute such Site Content. Please note that this limited consent may berevoked at any time by us. Any other use of the Site Content is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or personal information.

All registered and unregistered trademarks visible or accessible through our Services are trademarks of Flag Nor Fail, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Flag Nor Fail or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.

Unless stated otherwise on the Flag Nor Fail Sites or in this Agreement, the User will retain copyright ownership and all related rights for information he or she authors and publishes through Flag Nor Fail. In exchange for the publishing services provided by Flag Nor Fail, the User agrees to grant a perpetual, irrevocable, worldwide, unlimited, non-terminable license to Flag Nor Fail to use all content the User publishes through Flag Nor Fail without further permission or remuneration, in original language or in translation, including the right to create derivative works and reuse in other media. Users are not allowed to use the Flag Nor Fail name in commercial activity without prior written consent of Flag Nor Fail.

You understand that any business or marketing proposals, suggestions, ideas, endorsements, recommendations, or other such concepts or materials (“Business Submissions”) that you provide to us through our Services are not confidential, and become our sole property. Flag Nor Fail reserves such rights to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Business Submissions. This means we can use such ideas and materials you provide to us without compensating you, mentioning you, or keeping any such material confidential.

6. CONTENT RESPONSIBILITY.

We reserve the right to modify and update the Site Content or Services at any time to correct errors, inaccuracies, or make other corrections. We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. You acknowledge and agree that Flag Nor Fail neither endorses the contents of any User communications (“Communications”) nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby.

You agree that Communication provided to Flag Nor Fail will not violate any right of any third-party, including copyright, trade mark, privacy, personality, or other personal or proprietary right.

You further agree that your Communications will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Communications. You are solely responsible for any Communications you make and their accuracy. We take no responsibility and assume no liability for any

Communications posted by you or any third-party.This Site contains links to websites maintained by third parties. Such links are provided for your convenience and reference only. Flag Nor Fail does not operate or control in any respect and are not responsible for any information, software, products, or services available on such websites. Flag Nor Fail’s inclusion of a link to a website does not imply any endorsement of the third-party and/or their services or the site, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk.

7. USER CONDUCT.

You understand that any and all communications, information, quotes, links, text, messages, or other materials posted by a User (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility and property of the person from which such User Content originated. This means that you, and not Flag Nor Fail, are entirely responsible for all User Content that you share, post, or upload via the Services.

Flag Nor Fail does not control the User Content posted via the Services by you or other Users and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. Flag Nor Fail is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable.

Any User Content you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant Flag Nor Fail the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

We have the right to:

(i). Remove or refuse to post any User Content for any or no reason at our sole discretion.

(ii). Take any action with respect to any User Content that we deem necessary or appropriate at our sole discretion, including if we believe that such User Content violates the Terms and Conditions Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Flag Nor Fail.

(iii). Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

(iv). Terminate or suspend your access to all or part of the Services for any violation of these Terms and Conditions.

(v). Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

YOU WAIVE AND HOLD HARMLESS FLAG NOR FAIL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FLAG NOR FAIL DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY FLAG NOR FAIL OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions.

8. USER ACCOUNT, PASSWORD, AND SECURITY.

Users have the option of creating an account with Flag Nor Fail to access certain features and content of our Sites, and receive other Services. Once you become a user and establish an account with Flag Nor Fail, you shall receive a password and an account. You must keep your account and password confidential, and are entirely responsible if you do not maintain the confidentiality of your password and account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time (to do so, go to the user profile menu option within your account). You may also set up a new account and close an old one at your convenience. You agree to immediately notify Flag Nor Fail of any unauthorized use of your account or any other breach of security known to You. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

9. PAYMENTS.

All payments through our Sites or other transactions formed through the Services, or resulting from visits made by you, are governed by third-party payment vendors (such as Shopify, Paypal, and Shop Pay).

10. REFUND.

Refunds are governed by our Refund Policy. Please refer to our Refund Policy.

11. TERMINATION.

Flag Nor Fail may, at its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice, if Flag Nor Fail believes that you have violated any law or the spirit of this Agreement.

If you are a Canada resident and have subscribed to any of our Services, you may cancel at any time by calling Customer Service Hotline 1-800-766-0157 to notify Flag Nor Fail of your intent to terminate your subscription.

12. ADVERTISEMENTS, PROMOTIONS, AND AFFILIATE DISCLOSURE.

Flag Nor Fail runs advertisements, promotions, and affiliate links on Flag Nor Fail Site pages. Some advertisements and product recommendations may be related to affiliate marketing from which Flag Nor Fail might receive compensation for any purchase made through those links.The manner, mode, and extent of advertising by Flag Nor Fail is subject to change. We are not responsible for the content of any advertisement or affiliate link appearing on the Sites or via the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers or affiliates found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or affiliate. You agree that Flag Nor Fail shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or affiliates on the Services.

13. DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, FLAG NOR FAIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FLAG NOR FAIL MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FLAG NOR FAIL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. FLAG NOR FAIL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY.

FLAG NOR FAIL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO,DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, LOST REVENUE, LOST SAVINGS, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500 USD). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. INJUNCTIVE RELIEF.

You acknowledge that a violation or attempted violation of this Agreement will cause such damage to Flag Nor Fail as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Flag Nor Fail shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Flag Nor Fail in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.

16. INDEMNITY.

To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, including our employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.

17. LAWS.

This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Montana in the United States without reference to any conflict of law rules. You and Flag Nor Fail agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within Montana in the United States. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

18. ARBITRATION CLAUSE AND CLASS ACTION WAIVER. – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration Notice

You agree that if there is any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these Terms and Conditions and/or the Data Protection and Privacy Policy it will be resolved by confidential binding arbitration in Montana, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to Flag Nor Fail 3302 US Highway 2 East, Kalispell MT 59901. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you and Flag Nor Fail are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Flag Nor Fail may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). 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 the provisions of these Terms and Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be held in the State of Montana or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 USD or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Montana, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms and Conditions to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms and Conditions containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

CLASS ACTION WAIVER: YOU AND FLAG NOR FAIL AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

EXEMPT CLAIMS: You and Flag Nor Fail agree that the following two (2) types of claims are not required to be submitted to an arbitration subject to the following conditions:

(a) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (i) there is an appeal from small-claims court, or (ii) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision; and

(b) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.

OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision, either (a) by filling up the opt out form here [link], or (b) by mail to “Opt-Out Customer Service Department” to 3302 US Highway 2 East, Kalispell MT 59901. Include your name, address, and date in the correspondence. This is the only way you can opt-out.

19. NOTICE.

All notices to a party shall be in writing and shall be made either via email or conventional mail. Flag Nor Fail may distribute notices or messages through the Services to inform User of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute notices to User.

20. PRIVACY POLICY.

Flag Nor Fail’s Data Protection and Privacy Policy is incorporated by reference in this Agreement. Please refer to our Data Protection and Privacy Policy for information as to how Flag Nor Fail may collect, process, and use Users’ personal information as well as certain rights User’s may have regarding their personal information in relation to the Services provided.

21. GENERAL INFORMATION AND ATTORNEY FEES.

If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Flag Nor Fail’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Flag Nor Fail in writing. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, User and Flag Nor Fail agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If Flag Nor Fail takes any action to enforce this Agreement, Flag Nor Fail, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Flag Nor Fail may be entitled.

To the extent that any provision of this Agreement is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.

22. VIOLATIONS.

Please report any violations of this Agreement to administrators at flagnorfail.com via the “Contact Us” link.

23. FLAG NOR FAIL PROPRIETARY RIGHTS.

You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Flag Nor Fail or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

24. COPYRIGHT AND TRADEMARK.

Website copyright notice: Copyright (c) 2025 Flag Nor Fail. All rights reserved.

This website is the copyrighted property of Flag Nor Fail and various third-party providers and distributors (“Suppliers”).

Flag Nor Fail and flagnorfail.com are a service marks of Flag Nor Fail. Other product, service and company names used on this website are registered and common law trademarks of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks.

Unauthorized use of this Web site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure, or obliterate any of such notices.

25. NOTICE OF INFRINGEMENT:

We respect the intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Under the U.S. Digital Millennium Copyright Act, copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this website, please see our Copyright Policy and Infringement Notification, which will inform you how to submit a notification by email, mail or by filling out and submitting the form provided.

26. CHILDREN INFORMATION.

We do not target our Services to minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any personal information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such personal information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a person under the age of thirteen (13).

27. RELIANCE ON INFORMATION POSTED.

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

28. HOW TO CONTACT US.

If you have any questions about these Terms and Conditions, please contact us at the following:

United States:

Email: Contact us here. Call us: 406-964-6079

Write us: 3302 US Highway 2 East, Kalispell MT 59901

UPDATED: April 4, 2025