This document sets forth the terms and conditions (“Terms of Use”) under which you may Use the website of Flare Inc, https://www.flare-dash.com/ and https://www.flare-analytics.com/ (“the Website”) or its associated Services (as defined below). In these Terms of Use, Flare Inc. may be referenced as “Flare,” “we,” “us,” or “our”.
For purposes of these Terms of Use, by any accessing, browsing, use, or downloading of, or registration for (collectively “Use”), any content, material, or services contained on or offered through the Website (collectively, the “Services”). For the purposes of these Terms of Use, the terms “you” and “your” refer to the legal person or entity using the Website or Services for any purpose, including, without limitation, you and/or the business, company, or entity which you represent, together with your employees, agents, representatives, or authorized third parties. You acknowledge that you have read, understood, and agree to be bound by these Terms of Use in full. Please review these Terms of Use and the attached Privacy Policy carefully before using the Service. You must agree to these Terms of Use in order to Use the Website or any of the associated Services. If you do not agree to these Terms of Use, you may not Use the Website or the Services. For purposes of these Terms of Use and the Privacy Policy, “User” shall mean any individual or entity that Uses the Website or Services in any manner and for any purpose.
Flare grants you a personal, non-transferable, and non-exclusive right and license to use the Services via the Website solely for your internal use, and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Website or access to any products, information, or other content available therein.
You agree not to use or launch any automated system (including “robots,” “spiders,” or “offline readers”) that access the Website in a manner that sends more messages, requests, information, or content in a given period of time than can be reasonably performed by a human being. You further agree not to modify the Website or any part thereof, in any form or manner, nor to use any modified versions of the Website or other Flare products, software, or other content in order to gain unauthorized access to the Website, or for any reason whatsoever, without the express written consent of Flare. You may not attempt to gain any unauthorized access to the Website or any of its associated content, including computer systems, software, or networks.
No commercial use or redistribution of any content, software, or other Flare products is permitted, unless expressly specified in a prior agreement between you and Flare.
Flare reserves the right, in its sole discretion, to terminate your access to the Website and the related Services or any portion thereof at any time, without notice.
As a condition of your Use of the Website or Services, you agree that you will not Use the Website or Services for any purpose that is unlawful or prohibited by these Terms of Use. You also agree to reimburse us for any damage, loss, cost or expense we incur, including any legal fees, because of your Use of the Website or the Services for an unlawful or prohibited purpose.
You may not use the Services in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or Services. Furthermore, you may not probe, scan, test the vulnerability of, or breach any security or authentication measures of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. Also, you may not register or attempt to register, any party for use or access to the Services, unless expressly authorized by such party to do so.
Subject to the provisions of these Terms of Use relating to the ownership of personalized data, the Website is the property of Flare Inc. (“Flare”) and is protected by Japan and International copyright laws. All copyright, trademark, patent, and other proprietary rights on System and in the software, text, graphics, design elements, audio, music, and all other materials contributed or used by Flare in creation of the Website or provision of the Services(“System Content”) are reserved to Flare and any other owners who have granted Flare the right and license to use such System Content. You may not reproduce, upload, post, transmit, download, or distribute any part of the Website Content or information accessed at other sites through links made at the Website (“Other Sites”).
You may not modify the Website, Other Sites, or any material residing on such sites, except as specifically instructed or allowed in such sites. You shall observe copyright and other restrictions imposed by Other Sites. You may not Use the Website or Other Sites in any manner that infringes on the rights of any person or entity.
If you have copyright concerns about the materials posted by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512). If you have any complaints or objections to material posted on the Website, please contact our Designated Agent:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SYSTEM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE SYSTEM. Flare, OUR PARTNERS, AFFILIATES, AND/OR OUR SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEM AT ANY TIME.
Flare, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON OR OBTAINED THROUGH THE SYSTEM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Flare, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Flare AND OUR PARTNERS MAKE EVERY EFFORT TO PROTECT YOUR SECURITY, BUT, BECAUSE THE INTERNET IS AN INSECURE MEDIUM, NEITHER Flare, NOR OUR PARTNERS, AFFILIATES, OR SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY THAT ANY TRANSACTION CONDUCTED THROUGH THE SYSTEM WILL NECESSARILY BE SECURE. IN NO EVENT SHALL Flare, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SYSTEM OR WITH THE DELAY OR INABILITY TO USE THE SYSTEM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF Flare, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF OUR PARTNERS, OUR AFFILIATES, AND OUR RESPECTIVE SUPPLIERS AND LICENSORS FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY DEFAULT HEREUNDER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SYSTEM. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.