(last updated: July 2024)
We collect the personal information that you provide to us when you use the Site. For example, the information you provide when you sign up for or request information about mFLEX.io products or services or the products or services of our clients or partners. This information may include your name, street and e-mail address, phone number, credit card information, name of your company and/or employer, your relationships to our customers, etc.
We also collect information your web browser sends to us automatically, such as your IP Address, browser type (such as Firefox® or Internet Explorer®), language, the time that you accessed the Site, how long you accessed the Site, what web pages you viewed at the Site, and the address of the web page you were visiting when you accessed the Site. This information does not identify you personally, and we use this information, primarily, to improve the Site. However, if you do create or have created a User Profile (“User Profile”) on the Site, we may link the information provided by your browser to your User Profile and use that combined information as described in the section titled: “Use of Your Personal Information” below.
We may use “cookies,” and similar technologies, such as web beacons, to collect personal information and support the functionality of the Site. The following sections describe how cookies and web beacons function.
We may use cookies on this Site to ensure the integrity of the registration process and to personalize the Site. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and serve two main purposes: 1) maintaining a consistent user experience while you are using the Site (e.g. maintaining your “shopping cart” at on online retailer), and 2) saving your personalized settings so that when you return to the Site, the information you previously provided can be retrieved, and you can easily use the Site’s features that you customized.
Some cookies are deleted when you close your browser. Others remain on your computer and allow us to identify your computer, although not you specifically, when you return to the Site. This allows us to improve the Site and tailor it to our customer’s needs.
In some cases, we may choose to link the information collected by our cookies to your User Profile in order to better personalize your experience with the Site and, perhaps, even save you the trouble of having to re-enter information that you already provided to us.
You have the ability to accept or reject cookies, or to set your browser to alert you when a web site implants a cookie on your computer. If you choose to reject cookies, you may not be able to use interactive features of the Site.
The Site may contain electronic images known as web beacons to assist in delivering cookies on the Site, allow us to count users who have visited the pages of the Site, domain names that refer users to the Site, and search terms that bring users to the Site. If you create a User Profile, we may link the information collected by web beacons with your User Profile. We use linked information to better personalize your experience while using the Site.
We may also include web beacons in promotional e-mail messages or other marketing materials that we send to you in order to determine whether messages have been opened and acted upon.
mFLEX.io may also employ web beacons from third parties in order to help us compile aggregated statistics and determine the effectiveness of our promotional campaigns.
mFLEX.io uses industry standard measures to protect your personal information that we collect through the Site.
However, because neither the Site nor any technological measure is “hacker-proof” you are also responsible for maintaining the security of your personal information and you should take reasonable efforts to protect your personal information from theft, disclosure, or other misuse.
The personal information collected on the Site may be used:
To provide the service(s) or carry out the transaction(s) you have requested or authorized, including but not limited to providing you information about mFLEX.io’s or its partners’ products and information;
To provide you with more effective customer service and/or technical support; to improve the Site and any related mFLEX.io products or services; to make the Site easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the Site to your particular preference or interests, including personalizing your experience on the Site;
To provide you with important information about the product or service that you are using or for which you’ve expressed interest, including updates and notifications; to send you information about other mFLEX.io products, services, and/or promotions; with your permission, to share information with mFLEX.io partners so they may send you information about their products and services;
To generate leads; as may be required to permit you to access partner web sites to receive products, updates or services, including in connection with keys, providing you with access codes or other information; for security, credit or fraud prevention purposes; for any other purposes outlined in this Privacy Policy.
To register your purchase/relationship with the manufacturer or service provider for warranty, technical support or similar purposes;
To renew subscriptions for products or services, as applicable;
We may provide your personal information to the mFLEX.io client whose content you use on the Site, both for the client’s own business purposes, as well as for warranty, technical support, after sales service, or similar purposes. We will provide any mFLEX.io client who receives your personal information any privacy preferences that you have indicated to us.
Except for the client’s adherence to the privacy preferences that you have expressed on the Site, our clients’ privacy policies will govern how our clients use and protects your personal information.
We may occasionally hire other companies to provide services on our behalf, such as web site hosting, packaging, mailing and delivering, answering customer questions about products and services, processing payments, detecting and preventing fraud, and sending information about our products, special offers, and other new services. We will only provide those companies the personal information they need to deliver the service.
We may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on mFLEX.io or the Site; (b) protect and defend the rights or property of mFLEX.io and/or the Site, including but not limited to the prevention or investigation of a possible crime; or (c) act in urgent circumstances to protect the personal safety of users of mFLEX.io products or members of the public. We further reserve the right to report to any law enforcement or governmental agency any activities, and any personal information associated therewith, that, in good faith, we believe to be unlawful. We may make such a report without notifying you.
We also reserve the right to transfer your personal information to another company in the event of an acquisition (of stock or assets) of MFLEX.io, a merger, or other similar corporate event, including but not limited to reorganization, restructuring, or dissolution. In the event of such transfer, mFLEX.io will exercise commercially reasonable efforts to ensure that this Privacy Policy or another policy that protects your information to the same or similar extent will continue to apply to the personal information that you have provided us.
Personal information collected on the Site may be stored and processed in the United States or any other country in which mFLEX.io or agents maintain facilities, and BY USING THE SITE, YOU CONSENT TO ANY SUCH TRANSFER OF INFORMATION.
Except as otherwise described in this Privacy Policy, we will not share personal information you provide on the Site.
We will keep your personal Information for as long as is necessary to fulfill the purposes for which it was originally collected, or as long as permitted by applicable law.
We may occasionally update this Privacy Policy. When we do, we will also revise the “last updated” date at the top of the Privacy Policy. We will endeavor to make reasonable efforts to make you aware of any major changes to this Privacy Policy. However, we encourage you to periodically review this Privacy Policy to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this Privacy Policy and any updates.
This Privacy Policy applies only to personal information collected through the Site, or any other site on which this Privacy Policy is posted. This Site may contain links to other web sites, including those of partners, customers, or even unrelated third parties. Unless posted there, this Privacy Policy does not apply to any other web site including any site to which the Site may link or any site belonging to our partners, service provider companies, or clients.
This website is not directed at nor targeted to children. If you have not reached the age of majority, you may not use this website without supervision by an adult.
mFLEX.io is committed to complying with all relevant legislation regarding the protection of children and their personal information online, including the Children’s On-line Privacy Protection Act in the United States. If you believe that mFLEX.io has received information from a child or other person who is not of majority age in their relevant jurisdiction, please contact us at privacy@mflex.io and we will take all reasonable efforts to remove the information.
This Privacy Policy is governed by the law of the state of Washington, United States of America, without regard to conflict of law principles.
mFLEX.io welcomes your comments regarding this Privacy Policy. If you have questions about this statement or believe that we have not adhered to it, please contact us by clicking here: privacy@mflex.io
Or feel free to contact us at the following address:
14725 NE 20th St
Suite D-94
Bellevue, WA 98007
© 2024 mFLEX.io. mFLEX.io is an mFLEX.io product.
Access to mFLEX.io Applications.
Applications. Subject to the terms of this Agreement, mFLEX.io hereby grants you the right to use the mFLEX.io products and services made available to you from time to time (individually and collectively, the “mFLEX.io Applications”). The mFLEX.io Applications may include, by way of example only, the ability to customize collateral materials, provide syndicated web content and order promotional products related to Manufacturer Products (defined in subsection b below).
Use. You may use the mFLEX.io Applications solely for your own promotion, use or sale of Manufacturer products and services (individually and collectively, the “Products”), including but not limited to marketing and training activities. “Manufacturer” shall mean the specific manufacturers and/or other suppliers of products and services made available to you, as a channel partner, which may include acting as reseller for the Products, via the mFLEX.io Applications.
Restrictions. You may not: (1) use the mFLEX.io Applications for any use other than your own; you may not rent, lease, transfer, distribute or share, directly or indirectly, all or any part of the mFLEX.io Applications, (2) use the mFLEX.io Applications in any manner that mFLEX.io believes is or may be (a) unlawful, (b) contrary to this Agreement or any other terms or conditions provided to you by mFLEX.io, (c) contrary to the policies or instructions of the applicable Manufacturer, (d) fraudulent, vulgar or obscene, (e) disparaging, harassing, defamatory, threatening, harmful or libelous to mFLEX.io, any Manufacturer, or any third party, (f) a violation of the rights of any third party, (g) likely to give rise to software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (3) reverse engineer, decompile, or disassemble the mFLEX.io Applications, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, (4) work around any technical limitations contained in the mFLEX.io Applications.
Hosted Sites. In connection with access to and use of the mFLEX.io Applications, you may obtain access to websites hosted by mFLEX.io on behalf of Manufacturers (each, a “Hosted Site”). You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of a Hosted Site, or interferes with the proper functioning of a Hosted Site. You may not use a Hosted Site for any purpose that is unlawful or prohibited by these terms.
Manufacturer Materials; other Content.
Content. Subject to the terms of this Agreement and all Manufacturer rules and policies, you have a limited right to use, during the terms of this Agreement, the Manufacturer content, graphics, logos, trademarks, product descriptions, collateral, software programs and other Manufacturer information and materials made available to you via the mFLEX.io Applications (individually and collectively, the “Manufacturer Materials”), and any other content, information and materials mFLEX.io provides to you (the “mFLEX.io Content”) solely for the purpose of promoting and selling the Products. Your right to access and use all or any portion of the Manufacturer Materials and/or mFLEX.io Content may be terminated at any time, with or without notice to you, upon the Manufacturer’s request for any reason, or in the event that mFLEX.io deems your use to be inappropriate, unlawful or in breach of this Agreement. You agree to immediately cease all use of and destroy (and upon mFLEX.io’s request, provide written certification of such destruction) the Manufacturer Materials and/or mFLEX.io Content upon the earlier of mFLEX.io’s request or termination of this Agreement.
Manufacturer Responsibility. Notwithstanding anything set forth herein, you acknowledge and agree that, as between mFLEX.io and the Manufacturer, the Manufacturer is solely responsible for the Manufacturer Materials, and mFLEX.io shall not be liable to you in any manner for any issues deriving from the Manufacturer Materials, including but not limited to issues related to the Manufacturer’s Materials’ compliance with law, infringement of third party rights, form, substance, accuracy, content and usefulness.
Changes. You agree that mFLEX.io and/or the Manufacturer shall have the right to change, alter the form of, and/or withdraw the Manufacturer Materials and/or mFLEX.io Content, at any time and for any reason, and may automatically effect such action without notice to you, by, for example, propagating such changes directly to websites operated by you.
Your Responsibilities.
Without limitation of your other responsibilities hereunder, you agree that you are solely responsible for the following, none of which shall be deemed mFLEX.io’s responsibility, directly or indirectly, in any manner:
Relationship with Manufacturer. You agree that your right to, and the manner by which you, promote and sell the Products is subject to your agreement with and any rules and instructions of the Manufacturer of those Products. Except for providing you access to and use of the mFLEX.io Applications in accordance with this Agreement, mFLEX.io will not be responsible in any way for your right or ability to promote and sell the Products, or for any issues arising from the sale of the Products, including but not limited to costs, expenses, liabilities, or demands arising from the Products’ sale or use.
System Access. You are responsible to maintain the software, hardware, Internet connection, and other systems necessary for you to be able to access and use the mFLEX.io Applications.
Privacy Policy. You are responsible for creating, maintaining and complying with an industry standard privacy policy which will be available for access via a link on your website.
Intellectual Property Rights.
Except for the limited right to access and use the mFLEX.io Applications in accordance with Section 1 of this Agreement and the Manufacturer Materials in accordance with Section 2 of this Agreement, nothing herein shall be construed to grant you any rights therein and each of mFLEX.io and each Manufacturer retain all right, title and interest therein, including all modifications and derivatives of the mFLEX.io Applications and the Manufacturer Materials, whether made by you or any third party. You agree not to remove or modify any proprietary rights notices in or on the Manufacturer Materials or the output of the mFLEX.io Applications. mFLEX.io and its agents and partners shall have the right, with advance written notice to you, to audit your books and records pertaining to your use of the mFLEX.io Applications, the Manufacturer Materials and/or the mFLEX.io Content to confirm your compliance with the terms of this Agreement.
Passwords.
Where required to access the mFLEX.io Applications, a Hosted Site, and/or the Manufacturer Materials, you must complete any and all registration processes by providing us and/or the Manufacturer with current, complete and accurate information, as prompted by the applicable registration form. You may then be required to choose a login and password. You are entirely and solely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely and solely responsible for any and all activities that occur under your account. You agree to notify mFLEX.io and the applicable
Manufacturer immediately of any unauthorized use of your account or any other breach of security. mFLEX.io will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by mFLEX.io, Manufacturers, or any other party, due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. If you have not been authorized by a Manufacturer to use a Hosted Site, such as if you obtained a password from an authorized user in violation of this Agreement, you do not have the right to use the Hosted Site.
Confidentiality.
You agree to treat information provided by mFLEX.io in the performance of this Agreement that is identified as confidential or proprietary or reasonably appears based on the information disclosed and the circumstances surrounding disclosure to be confidential or proprietary to mFLEX.io (“Confidential Information”) with the same care as you use with your own confidential information, but with no less than a commercially reasonable standard of care, and you agree to restrict access to such information to those employees who need specific Confidential Information to carry out your rights and responsibilities under this Agreement. For the avoidance of doubt, mFLEX.io’s Confidential Information shall include, but not be limited to, mFLEX.io’s system architecture, assessment methodology and best practices, personally identifiable information related to Manufacturers or other mFLEX.io customers, all information related to mFLEX.io’s products, services, pricing, business plans, product plans, the results of the Applications, business methods, tools and standards used in connection with implementation of the Applications, and content requirements. In addition, the terms of this Agreement shall be Confidential Information. You acknowledge that damages will be an inadequate remedy if you violate this section. Accordingly, mFLEX.io shall have the right, in addition to any other rights it have, to obtain in any court of competent jurisdiction, temporary, preliminary and permanent injunctive relief to restrain any breach, threatened breach, or otherwise to specifically enforce this section.
mFLEX.io Collection of Your Information.
Privacy Policy. Registration data, including your name, billing and shipping address, credit card information, email and password, company name and certain other information about you and your company is subject to our Privacy Policy. You understand that through your use of the mFLEX.io Applications you consent to the collection and use of this information as set forth in our Privacy Policy. You acknowledge and agree that Internet transmissions are never completely private or secure.
Data We Collect. You acknowledge and agree that mFLEX.io has the right, but not the obligation, to monitor all Hosted Sites, including but not limited to your access to and use of the Hosted Sites, and to collect and retain all information it obtains in doing so. With respect to our use of any personally identifiable information we collect, whether via the Hosted Sites or otherwise, we will comply with the terms of our Privacy Policy. You hereby grant mFLEX.io the perpetual, royalty free right, with right of sublicense, to use the information we collect in this manner, including but not limited to information related to your use of Manufacturer Materials and your references to the Products, (i) for the purpose of ensuring your compliance with this Agreement, (ii) in aggregate form, without reference to you, for our general business purposes, and (iii) with reference to you for the purpose of providing feedback to Manufacturers regarding your promotion and sale of Products and use of the Manufacturer’s Materials.
Disclaimer of Warranties.
To the maximum extent permitted by applicable law, mFLEX.io and its suppliers and partners (including but not limited to the Manufacturers) provide the mFLEX.io Applications and the Manufacturer Materials AS IS AND WITH ALL FAULTS, AND ON AN AS-AVAILABLE BASIS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort.
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON‑INFRINGEMENT, WITH REGARD TO THE mFLEX.IO APPLICATIONS, THE SERVICES OR THE MANUFACTURER MATERIALS. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE mFLEX.IO APPLICATIONS, THE SERVICES, AND THE MANUFACTURER MATERIALS, IF ANY, REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES; Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL mFLEX.IO, ITS SUPPLIERS OR PARTNERS (INCLUDING BUT NOT LIMITED TO THE MANUFACTURERS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE mFLEX.IO APPLICATIONS OR THE MANUFACTURER MATERIALS, THE PROVISION OF OR FAILURE TO PROVIDE THE mFLEX.IO APPLICATIONS OR THE SERVICES, OR OTHERWISE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF mFLEX.IO OR ANY SUPPLIER OR PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To the extent permitted under applicable law, you can recover from mFLEX.io only direct damages up to the amount you actually paid for access to the mFLEX.io Applications, if anything.
Term; Termination.
This Agreement will commence on the date that you first click “I accept” or first access the mFLEX.io Applications and/or the Services and will continue until terminated by either party. Without limitation of any other rights of termination provided herein, mFLEX.io shall have the right to terminate this Agreement or your access to and/or use of all or any portion of the mFLEX.io Applications, the Hosted Sites, and/or Manufacturer Materials, automatically, with or without notice to you, if (1) you breach any provision of this Agreement, or if your employer breaches its agreement with mFLEX.io, or (2) mFLEX.io has reason to believe that your access to or use of any or all of the MFLEX.io Applications, the Manufacturer Materials, the Hosted Sites, or the Products is likely to violate any applicable law, mFLEX.io or Manufacturer rule, or any third party rights. mFLEX.io’s failure to insist upon strict adherence to provisions of this Agreement shall in no way constitute a waiver of the relevant or any subsequent breach. Following termination of this Agreement, unless otherwise agreed to in writing between mFLEX.io and you, you agree to immediately cease use of and destroy (and upon mFLEX.io or any Manufacturer’s written request, certify in writing such destruction) all Manufacturer Materials. Sections 1c, 2b, 4, 6, 7b, 8-15 shall survive termination of this Agreement for any reason.
Warranty and Indemnity.
You represent and warrant that you fully understand the English language. You agree, for yourself and your employer (if applicable), to defend, indemnify and hold harmless mFLEX.io, including its affiliates, licensors, service providers, suppliers, and partners from and against any and all claims, liability, losses, damages and expenses, including attorneys’ fees, whether in tort, contract, or otherwise, relating to or arising out of your breach of any term of this Agreement or applicable law.
Applicable Law.
This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law and not including the provisions. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in King County or the Federal District Courts of the Western District of Washington (as permitted by law). You waive any objection to such venue and jurisdiction.
Entire Agreement.
This Agreement constitutes the entire agreement as between you and mFLEX.io regarding the mFLEX.io Applications and the Services (if any). This Agreement supersedes all prior or contemporaneous agreements, whether oral or written, of the parties with respect to the subject matter of this Agreement. This Agreement may not be modified unless expressly agreed to in writing by both parties.
Modifications.
mFLEX.io may modify or assign this Agreement at any time. Your continued use of the mFLEX.io Applications or the Services after the posting of any amendment to the Agreement shall constitute your agreement to be bound thereby.
Severability.
If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. If any provision of this Agreement is so broad as to be held unenforceable, such provision shall be interpreted to be only so broad as is enforceable.
© 2024 mFLEX.io. mFLEX.io is an mFLEX.io product.