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Terms and Conditions Terms of Use Welcome to flashyUSBdrives.com. Flashy USB Drives and/or its affiliates ("Flashy USB Drives") provide website features to you subject to the following conditions. If you visit or shop at flashyUSBdrives.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Flashy USB Drives service you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control. PRIVACY Please review our Privacy Notice, which also governs your visit to flashyUSBdrives.com, to understand our practices. ELECTRONIC COMMUNICATIONS When you visit flashyUSBdrives.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Flashy USB Drives or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Flashy USB Drives and protected by U.S. and international copyright laws. All software used on this site is the property of Flashy USB Drives or its software suppliers and protected by United States and international copyright laws. TRADEMARKS FLASHY USB DRIVES and FLASHY USB DRIVES.COM and other flashyUSBdrives.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Flashy USB Drives in the U.S. and/or other countries. Flashy USB Drives' trademarks and trade dress may not be used in connection with any product or service that is not Flashy USB Drives', in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Flashy USB Drives. LICENSE AND SITE ACCESS Flashy USB Drives grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Flashy USB Drives. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Flashy USB Drives. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Flashy USB Drives without express written consent. You may not use any meta tags or any other "hidden text" utilizing Flashy USB Drives' name or trademarks without the express written consent of Flashy USB Drives. Any unauthorized use terminates the permission or license granted by Flashy USB Drives. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of flashyUSB drives.com so long as the link does not portray Flashy USB Drives, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Flashy USB Drives logo or other proprietary graphic or trademark as part of the link without express written permission. YOUR ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Flashy USB Drives reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may post reviews, comments, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Flashy USB Drives reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Flashy USB Drives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Flashy USB Drives and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Flashy USB Drives for all claims resulting from content you supply. Flashy USB Drives has the right but not the obligation to monitor and edit or remove any activity or content. Flashy USB Drives takes no responsibility and assumes no liability for any content posted by you or any third party. COPYRIGHT COMPLAINTS Flashy USB Drives respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us and let us know. RISK OF LOSS Flashy USB Drives will replace the order and refund any applicable shipping costs if we made an error with your order. Please make all claims for replacement or credit within 14 days of delivery. For damaged orders, keep the original box and all packaging materials for possible inspection by the carrier and/or return to Flashy USB Drives. Flashy USB Drives may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss, or theft. PRODUCT DESCRIPTIONS Flashy USB Drives attempts to be as accurate as possible. However, Flashy USB Drives does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Flashy USB Drives itself is not as described, your sole remedy is to return it in unused condition. PRICING Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which mean the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. With respect to items sold by Flashy USB Drives, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FLASHY USB DRIVES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FLASHY USB DRIVES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLASHY USB DRIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLASHY USB DRIVES DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM FLASHY USB DRIVES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLASHY USB DRIVES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. APPLICABLE LAW By visiting flashyUSBdrives.com, you agree that the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Flashy USB Drives. DISPUTES Any dispute relating in any way to your visit to flashyUSBdrives.com or to products purchased through flashyUSBdrives.com shall be submitted to confidential arbitration in Worcester, Massachusetts except that, to the extent you have in any manner violated or threatened to violate Flashy USB Drives’ intellectual property rights, Flashy USB Drives may seek injunctive or other appropriate relief in any state or federal court in the State of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies posted on this site. These policies also govern your visit to flashyUSBdrives.com. Flashy USB Drives reserves the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. OUR ADDRESS Flashy USB Drives 40 Jackson St, Suite 1000 Worcester, MA 01608 http://www.flashyUSBdrives.com Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Flashy USB Drives with the written information specified below. Please note that this procedure is exclusively for notifying Flashy USB Drives that your copyrighted material has been infringed. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. PRIVACY POLICY At Flashy USB Drives we’re serious about privacy. We won’t share or sell your personal information. We collect information so we can ship your Flashy USB Drives, let you use our community features, and improve our website, services, and products. Flashy USB Drives collects information such as your name, shipping and billing address, credit card number, email address, so we can process your order; provide you with customer service; enable you to use the community forums; send you newsletters and other communications such as polls, surveys, and special Flashy USB Drives offers. Flashy USB Drives will set and access our own cookies on your computer to allow you to buy and interact at the site. We also use web beacons to gather anonymous, aggregated statistical information (e.g. unique hits, page views, etc.) about our website traffic. Flashy USB Drives may share information collected by us with third parties to help process your order (e.g. shipping companies, credit card processors, etc.) or to provide statistical and demographic analysis to Flashy USB Drives to help us and our business partners provide you with better services and offerings. Flashy USB Drives will not share, rent, lease, or sell your personal information (e.g. your email address, your credit card information, your name, your address, etc.) to any third party for their independent use or benefit. Future changes to this Privacy Policy may be made at any time by sending you an email or posting notice of the changes on the site, with the changes effective 30 days after Flashy USB Drives’ dispatch of the email or posting of the notice. To ask questions about this policy or to remove your personal information from our database, write us at CustomerService@flashyUSBdrives.com. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLASHY USB DRIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FLASHY USB DRIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCT OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCT OR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCT OR SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE PRODUCT OR SERVICE. - ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.