Terms of Service

The Fliptop Services, including all websites containing "fliptop.com," the fliptop.com blog and other fliptop.com features, are governed by the terms and conditions of use described below. By using the Fliptop Services you agree to be bound by these Terms. If you do not agree with any or all of the Terms below, then you may not use the Fliptop Services

Content on Fliptop

Information that is contained on and delivered by Fliptop may change without notice. Fliptop does not and cannot guarantee validity of information available on fliptop.com or delivered remotely.

Update & Modification

We reserve the right, at any time, to modify the Fliptop Services or these Terms or to modify, suspend, or discontinue the Fliptop Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification of the Fliptop Services or these Terms or modification, suspension, or discontinuance of the Fliptop Services.

Privacy Policy

Your privacy is of utmost importance to us. Please refer to the Fliptop Privacy Policy for detailed information on our privacy policy.

Disclaimer of Warranties

THE FLIPTOP SERVICES, AND ALL INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE FLIPTOP SERVICES ARE PROVIDED "AS IS." FLIPTOP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. FLIPTOP DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FLIPTOP SERVICES. FLIPTOP DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE FLIPTOP SERVICES. FLIPTOP DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FLIPTOP SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE FLIPTOP SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE FLIPTOP SERVICES.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLIPTOP OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FLIPTOP SERVICES INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FLIPTOP HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ON ANY THRORY OF LIABILITY.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Indemnity

You agree to defend, indemnify, and hold harmless Fliptop, its officers, directors, agents, and employees, from any and all damages, costs, claims, losses, expenses, or liabilities arising from or related to (a) any actual or alleged violation by you of these Terms; (b) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines input by you into the Fliptop Services; or (c) your violation of any rights of any other person or entity.

Dispute Resolution

Any claim, dispute, or controversy arising out of these Terms, the Fliptop Services, or the Search Results ("Claims") shall be resolved by final and binding arbitration before a single arbitrator ("Arbitrator") selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in San Francisco County, California. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney's fees, costs, and disbursements arising out of the arbitration. Either you or Fliptop may seek interim or preliminary injunctive relief from a court of competent jurisdiction in San Francisco County, California as necessary to protect the rights or property of you or Fliptop pending the completion of any arbitration proceeding.

Miscellaneous

The Terms constitute the entire and exclusive and final statement of the agreement between you and Fliptop with respect to the subject matter hereof, and govern your use of the Fliptop Services, superseding any prior agreements or negotiations between you and Fliptop with respect to the subject matter hereof. The Terms and the relationship between you and Fliptop shall be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.