The Client will be charged by credit card for use of Flourish, Inc. Payment will be charged by Flourish, Inc before the service will be made available online. Payments should be made online by credit card or debit card, and are automatically billed each month, depending on the terms The Client originally signed up for. In the event of any failure by The Client to make payment or arrange a credit card with available credit, The Client's access to Flourish, Inc will be removed until an appropriate payment method is available.
Renewal of The Agreement and acceptance of any additional orders shall be at Flourish, Inc's sole discretion. Pricing for any renewal period is subject to change by Flourish, Inc from time to time. Renewal of the term will be continued automatically, unless The Client cancels service, in accordance with the Cancellation Terms.
The Client may not resell, re-use, assign or transfer any of the images, data or programming code created for or associated with the Flourish, Inc, without written consent. Any attempt to resell, assign or transfer such data shall result in immediate termination of this contract, without liability to Flourish, Inc.
Flourish, Inc shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of Flourish, Inc affecting service or access to data.
The Client agrees to indemnify and hold Flourish, Inc harmless against any and all expenses and losses of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or deceptive advertising or sales practices) and /or any material of The Client to which users can access through the service.
The Client will provide all necessary materials and information, in accordance with Flourish, Inc policies in effect from time to time including (without limitation) the manner of transmission to Flourish, Inc and the time prior to release of the service. Flourish, Inc shall not be required to publish any service that is not received in accordance with such policies.
Although Flourish, Inc owns the data storage, databases and all rights to the Flourish, Inc application, we will never sell or share your client data with any third-parties, or contact your clients directly. We will also not utilize your data in our databases to market to your clients, advertise to, or contact them for any other means of profit. We respect the privacy of our subscribers, and the privacy of their client data. We retain the right to retain or delete data provided to us by you at our sole discretion.
All contents of the service are subject to Flourish, Inc's approval. Flourish, Inc reserves the right to reject or cancel any client, at any time.
The Client must either contact Flourish, Inc before the next billing period to cancel the service or cancel via the My Account tool in the application. The Client will not be billed for any cancellation. No refunds will be made on services already paid for, and service fees will not be prorated.
No conditions other than those set forth in this Agreement shall be binding on Flourish, Inc unless expressly agreed to in writing by Flourish, Inc.
The Agreement, (i) shall be governed by and construed in accordance with, the laws of the State of Kansas, without giving effect to the principles of conflicts of law; (ii) may be amended only by a written agreement executed by an authorized representative of each party; and (iii) constitute the complete and entire expression of the agreement between the two parties, and shall supersede any and all other agreements, whether written or oral, between the parties.