FLEXT TERMS OF USE

Last modified: August 13, 2024

By accessing or using this website, any of its pages and/or any of the services referenced herein, you accept and agree to be bound by the Terms of Use set forth below.

1. CONTRACTUAL RELATIONSHIP

These Terms of Use ("Terms") govern your access or use of the software (“Flext Software”) that is made available to you by Flext Energy Services, LLC ("Flext"). By accessing or using the services made available to you by Flext and any of its affiliates (collectively, the “Services”) including this website, and utilizing this website you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services or the Flext Software, including this website. Except as elsewhere herein provided, these Terms expressly supersede prior agreements or arrangements with you. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FLEXT.

2. RESTRICTED USE OF SERVICES

Flext makes this website and the Services available to you solely for the evaluation, testing, and use of the Flext Software. All unauthorized uses of this website and the Flext Software, including granting unauthorized access to any third party not authorized by Flext, is strictly prohibited.

3. USER ACCOUNTS

In order to use most aspects of the Services and/or the Flext Software, you must register for and maintain an active personal user account ("Account"). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Flext certain personal information, such as your name, company, residence address, mobile phone number, business email address, and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services and/or the Flext Software. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Flext in writing, you may only possess one Account.

4. RIGHT TO DENY ACCESS AND TO MODIFY SERVICES

Flext reserves the right to deny use of, or access to, this website and the Services to you and/or anyone for any reason, or no reason, at any time. Flext also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, this website, the Services or the Flext Software (or any part thereof) with or without notice. You agree that Flext shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website, the Services or the Flext Software (or any part thereof).

5. NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Services and/or Flext Software. Your mobile network's data and messaging rates and fees may apply if you access or use the Services and/or the Flext Software from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and/or the Flext Software and any updates thereto. Flext does not guarantee that the Services and/or Flext Software, or any portion thereof, will function on any particular hardware or device. In addition, the Services and/or the Flext Software may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

6. DISCLAIMER OF WARRANTIES

THE SERVICES AND FLEXT SOFTWARE, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES AND FLEXT SOFTWARE, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. THIS DISCLAIMER SHALL APPLY FOR THE BENEFIT OF FLEXT AS WELL AS ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AUTHORIZED REPRESENTATIVES OR AGENTS (COLLECTIVELY, THE “FLEXT PARTIES”).

7. LIMITATION OF LIABILITY; WAIVER

IN NO EVENT SHALL ANY OF THE FLEXT PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES AND/OR THE FLEXT SOFTWARE, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE, THE SERVICES OR THE FLEXT SOFTWARE IS ACCESSED BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST ANY OF THE FLEXT PARTIES WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE OR THE FLEXT SOFTWARE, IS TO STOP USING THE SERVICE AND/OR WEBSITE OR THE FLEXT SOFTWARE.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST ANY OF THE FLEXT PARTIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES AND FLEXT SOFTWARE, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE OR THE FLEXT SOFTWARE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES.

8. NOTICES

Flext may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Flext will have no liability associated with or arising from your failure to maintain and supply Flext with accurate contact information about yourself, including your failure to receive important information and updates about the Services, the Flext Software or this website.

9. INTELLECTUAL PROPERTY

You recognize and acknowledge Flext’s ownership and title to Flext’s copyrights, patents, trademarks, trade secrets, and any other intellectual property and proprietary rights of any kind in any jurisdiction embodied in this website, the Services and/or the Flext Software. Nothing in these Terms shall be interpreted to assign or to grant exclusive rights to you of any of Flext’s intellectual property rights. Flext hereby asserts and agrees that any data collected by you using the Services and the Flext Software (including this website) may be used by you only as authorized by Flext for the Services, utilizing this website and/or the Flext Software, as applicable, but no such use or data collected by you shall result in any transfer of any of Flext’s intellectual property, and same shall be and remain the intellectual property of Flext.

You further agree that all of Flext’s trademarks, trade names, service marks, logos, brand features, and product and Service names in relation to the Flext Software are trademarks and the property of Flext, and that you will not display or use any of the foregoing without Flext's prior written approval in each instance.

10. GENERAL PROVISIONS

Flext may amend these Terms from time to time. Amendments will be effective upon Flext's posting of such updated Terms at this location. Your continued access or use of the Services and/or the Flext Software (including this website) after such posting confirms your consent to be bound by the Terms, as amended.
These Terms constitute the entire agreement between you and Flext and govern your use of the Services and/or the Flext Software, including this website, and supersede any prior version of these Terms between you and Flext with respect to the Services and the Flext Software. Only to the extent that you have entered into or accepted a more definitive written agreement with Flext regarding your use of this website, the Services and/or the Flext Software, the terms of any such definitive agreement shall expressly control over any contrary provisions in these Terms.
You agree that no agency relationship is created between you and Flext as a result of these Terms or your access to and/or use of the Services. The failure of Flext to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
The headings in these Terms are for convenience only and have no legal or contractual effect.
As used in these Terms, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Whenever the context may require, any pronoun will include the corresponding masculine, feminine and neuter forms. Any definition of or reference to these Terms will be construed as referring to such agreement as from time to time amended, supplemented, substituted, novated, assigned or otherwise modified.

11. DISPUTE RESOLUTION

These Terms constitute the exclusive terms and conditions with respect to the subject matter hereof. You and Flext agree, respectively, that it is their intention to resolve disputes between them concerning these Terms directly in good faith negotiations. Only should any such good faith negotiations fail to resolve a dispute arising under these Terms, then the parties hereby submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Southern District of Texas-Houston Division for such proceeding. If the United States District Court for the Southern District of Texas-Houston Division does not have subject matter jurisdiction, the Parties hereby submit to the jurisdiction of, and waive any venue objections against, the District Court of Harris County, Texas for such proceeding. In any action to enforce these Terms, the prevailing party shall be entitled to recover costs and reasonable attorneys’ fees, in addition to any other relief to which the prevailing party may be entitled. For purposes of these Terms, the relationship between you and Flext are governed by the laws of the State of Texas without regard to its conflict/choice of law provisions, and these Terms shall be interpreted under such laws.