By using getflashnotes.com or getflashbooks.com, you are consenting to our terms and conditions as outlined below.
OVERVIEW
The terms “we,” “us,” and “our” refer to FLASHBOOKS, LLC. The term the “Site” or “website” refers to getflashnotes.com or getflashbooks.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
SERVICE
getflashnotes.com (also referred to as “getflashbooks.com” or “FlashBooks”) is an online membership service that provides non-fiction book summaries of non-fiction books, primarily within the Business and Self-Help genres (the “Service”).
Use of getflashnotes.com or getflashbooks.com, including all materials presented herein and all online services provided by FLASHBOOKS, LLC, is subject to the following Terms and Conditions.
These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Parties agree that the Service is in the nature of education. The scope of services provided by FLASHBOOKS, LLC according to this Agreement are limited to those listed on getflashnotes.com or getflashbooks.com website. FLASHBOOKS, LLC reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS & REFUNDS
We offer a 7-day money-back guarantee should you be unhappy with the Service within the first week of the first billing cycle of membership. To request a refund please visit https://getflashnotes.com/contact to submit your request to our support department or by emailing support@getflashnotes.com.
You may also cancel your monthly subscription at any time via your account page, but due to the nature of the Service, no refunds will be made for any membership fees already paid, excluding the 7-day money-back guarantee as stated above.
Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
The 7-day refund period only applies to your first subscription and cannot be used more than once.
No refunds are given for lifetime access purchases to the Service or “FlashSale” subscription purchases to the Service.
No partial refunds are given should you terminate an annual subscription before your renewal date, however you will retain access to the Service until the end of your annual payment term.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
FLASHBOOKS, LLC retains the right to refuse refunds in any of the following cases or cases that may be reasonably considered to be related to any of the following cases: 1) Customer signs up for the Service, downloads all content within an unreasonably short time-frame, and then immediately asks for a refund. 2) The customer signs up for the Service, only to remain completely inactive for several months, prior to requesting a refund for the entire length of the unused membership. 3) The customer signed up to the Service and shared their login details with another individual.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against FLASHBOOKS, LLC when there are reasonable delays in the access of the Service.
FLASHBOOKS, LLC reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, FLASHBOOKS, LLC should dissolve or cease to exist, then your access to the Service terminates.
If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped.
For annual subscriptions you will receive 365 days access. You may cancel the automatic renewal of your annual subscription at any time and your access to the Site will end at the end of the current contracted term.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 13 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 13 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. FLASHBOOKS, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. FLASHBOOKS, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to FLASHBOOKS, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by FLASHBOOKS, LLC, including trademarks, copyrights, proprietary information, and other intellectual property. FLASHBOOKS, LLC’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including FLASHBOOKS, LLC’s copyrighted materials shall remain the sole property of FLASHBOOKS, LLC. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
With regard to any potential intellectual property rights over material submitted by you: We claim no intellectual property rights over the material you supply to FLASHBOOKS, LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to FLASHBOOKS, LLC remains yours to the extent that you have any legal claims therein. You agree to hold FLASHBOOKS, LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes. You consent to your name, words, voice, and likeness being used by FLASHBOOKS, LLC for promotional, business development, and marketing purposes, without compensation to you. We will make a reasonable effort to secure your written permission before using and distributing representations that refer to you.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon posting of the new Terms and Conditions on this Site. Any use of the Site or Service by you after posting means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, FLASHBOOKS, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF FLASHBOOKS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL FLASHBOOKS, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM FLASHBOOKS, LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU FLASHBOOKS, LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with FLASHBOOKS, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and FLASHBOOKS, LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by FLASHBOOKS, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by FLASHBOOKS, LLC.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
FLASHBOOKS, LLC
15 Garnet
Irvine, CA 92620
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ACCESS TO CONTENT PROVISION
INDIVIDUAL SUBSCRIBERS
All content that is delivered to a subscriber’s Online Library as part of their subscription will be archived and accessible to that subscriber as long as he/she maintains an active subscription to our publication. After a subscription expires, the subscriber can restore the content in their library by simply subscribing to our publication once again.
CORPORATE SUBSCRIBERS
All content that is delivered to a Corporate Online Library as part of their subscription will be archived and accessible to that company as long as the company maintains an active subscription to our publication. After a subscription expires, access to the content that was delivered to the Online Library as part of the subscription will be denied and the Library will be deleted. To re-activate access, the company can simply subscribe to our publication once again.
INTELLECTUAL PROPERTY PROVISION
The Web Site content (including graphical designs) is protected by federal intellectual property laws. You agree that you will not:
A. sell, distribute, license, or otherwise exploit, in whole or in part, any content included on this website unless you first obtain the prior written consent of FLASHBOOKS, LLC;
B. copy, alter, translate, or otherwise modify any content included on this website unless you first obtain the prior written consent of FLASHBOOKS, LLC;
C. remove or obscure the copyright notice appearing on any website content;
D. otherwise use any Web Site content in a manner that infringes
FLASHBOOKS, LLC’s rights;
E. modify, disassemble, decompile, reverse engineer, or apply any process, technique or procedure to ascertain or derive the source code, source listings, or any other proprietary information contained therein, except and only to the extent such activity is expressly permitted by applicable law;
F. use this website or any of its services herein in any manner that is illegal, obscene, pornographic, misrepresentative, defamatory, or that infringes the intellectual property rights of any entity or individual; or
G. reveal to any third party any access code or password to FlashBooks content unless you first obtain the prior written consent of FLASHBOOKS, LLC. You are responsible for maintaining the confidentiality of your password.
FLASHBOOKS, LLC reserves the right to remove or replace previously published summaries or other content from the Site, including the Online Library, at any time for any reason whatsoever including but not limited to reasons of product defect, obsolescence, and the expiration of publisher rights.
Updated: October 2019
© 2020 FlashBooks, LLC. All rights reserved. May not be reproduced in whole or in part without written permission. Email support@getflashnotes.com with questions regarding your account.
