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Terms and Conditions

Last updated __June20, 2023________

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AGREEMENT TO OUR LEGAL TERMS

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We are Fligent LC ("Company," "we," "us," "our").

We operate the website http://www.Opcla.net (the "Site"), the mobile application

Opcla (the "App"), as well as any other related products and services that refer or

link to these legal terms (the "Legal Terms") (collectively, the "Services").

We provide a variety of aviation consulting services

You can contact us by phone at 956-545-9134, email at opcla@fligent.com, or by

mail to 18911 HARDY OAK BLVD STE 328 SAN ANTONIO TX 78258.

These Legal Terms constitute a legally binding agreement made between you,

whether personally or on behalf of an entity ("you"), and Fligent LC, concerning

your access to and use of the Services. You agree that by accessing the Services,

you have read, understood, and agreed to be bound by all of these Legal Terms. IF

YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE

EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST

DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the

Services from time to time are hereby expressly incorporated herein by reference.

We reserve the right, in our sole discretion, to make changes or modifications to

these Legal Terms from time to time. We will alert you about any changes by

updating the "Last updated" date of these Legal Terms, and you waive any right to

receive specific notice of each such change. It is your responsibility to periodically

review these Legal Terms to stay informed of updates. You will be subject to, and will

be deemed to have been made aware of and to have accepted, the changes in any

revised Legal Terms by your continued use of the Services after the date such

revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the

age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

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TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PURCHASES AND PAYMENT

6. POLICY

7. PROHIBITED ACTIVITIES

8. USER GENERATED CONTRIBUTIONS

9. CONTRIBUTION LICENSE

10. GUIDELINES FOR REVIEWS

11. MOBILE APPLICATION LICENSE

12. SOCIAL MEDIA

13. SERVICES MANAGEMENT

14. PRIVACY POLICY

15. TERM AND TERMINATION

16. MODIFICATIONS AND INTERRUPTIONS

17. GOVERNING LAW

18. DISPUTE RESOLUTION

19. CORRECTIONS

20. DISCLAIMER

21. LIMITATIONS OF LIABILITY

22. INDEMNIFICATION

23. USER DATA

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

25. CALIFORNIA USERS AND RESIDENTS

26. MISCELLANEOUS

27. CONTACT US

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1. OUR SERVICES

The information provided when using the Services is not intended for distribution to

or use by any person or entity in any jurisdiction or country where such distribution or

use would be contrary to law or regulation or which would subject us to any

registration requirement within such jurisdiction or country. Accordingly, those

persons who choose to access the Services from other locations do so on their own

initiative and are solely responsible for compliance with local laws, if and to the extent

local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health

Insurance Portability and Accountability Act (HIPAA), Federal Information Security

Management Act (FISMA), etc.), so if your interactions would be subjected to such

laws, you may not use the Services. You may not use the Services in a way that

would violate the Gramm-Leach-Bliley Act (GLBA).

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2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services,

including all source code, databases, functionality, software, website designs, audio,

video, text, photographs, and graphics in the Services (collectively, the "Content"), as

well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various

other intellectual property rights and unfair competition laws) and treaties in the

United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your

personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED

ACTIVITIES" section below, we grant you a non-exclusive, non-transferable,revocable license to:

access the Services; and

download or print a copy of any portion of the Content to which you have

properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the

Services and no Content or Marks may be copied, reproduced, aggregated,

republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,

distributed, sold, licensed, or otherwise exploited for any commercial purpose

whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out

in this section or elsewhere in our Legal Terms, please address your request to:

alejandro@fligent.com. If we ever grant you the permission to post, reproduce, or

publicly display any part of our Services or Content, you must identify us as the

owners or licensors of the Services, Content, or Marks and ensure that any copyright

or proprietary notice appears or is visible on posting, reproducing, or displaying our

Content.

We reserve all rights not expressly granted to you in and to the Services, Content,

and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of

our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior

to using our Services to understand the (a) rights you give us and (b) obligations you

have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea,

feedback, or other information about the Services ("Submissions"), you agree to

assign to us all intellectual property rights in such Submission. You agree that we

shall own this Submission and be entitled to its unrestricted use and dissemination

for any lawful purpose, commercial or otherwise, without acknowledgment or

compensation to you.

You are responsible for what you post or upload: By sending us Submissions

through any part of the Services you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES"

and will not post, send, publish, upload, or transmit through the Services any

Submission that is illegal, harassing, hateful, harmful, defamatory, obscene,

bullying, abusive, discriminatory, threatening to any person or group, sexually

explicit, false, inaccurate, deceitful, or misleading;

to the extent permissible by applicable law, waive any and all moral rights to

any such Submission;

warrant that any such Submission are original to you or that you have the

necessary rights and licenses to submit such Submissions and that you have

full authority to grant us the above-mentioned rights in relation to your

Submissions; and

warrant and represent that your Submissions do not constitute confidential

information.

You are solely responsible for your Submissions and you expressly agree to

reimburse us for any and all losses that we may suffer because of your breach of (a)

this section, (b) any third party’s intellectual property rights, or (c) applicable law.

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3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information

you submit will be true, accurate, current, and complete; (2) you will maintain the

accuracy of such information and promptly update such registration information as

necessary; (3) you have the legal capacity and you agree to comply with these Legal

Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not

access the Services through automated or non-human means, whether through a

bot, script or otherwise; (6) you will not use the Services for any illegal or

unauthorized purpose; and (7) your use of the Services will not violate any applicable

law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete,

we have the right to suspend or terminate your account and refuse any and all

current or future use of the Services (or any portion thereof).

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4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your

password confidential and will be responsible for all use of your account and

password. We reserve the right to remove, reclaim, or change a username you select

if we determine, in our sole discretion, that such username is inappropriate, obscene,

or otherwise objectionable.

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5. PURCHASES AND PAYMENT

We accept the following forms of payment:

- Visa

- Mastercard

- American Express

- Discover

- PayPal

- Check, Wiring ABA

You agree to provide current, complete, and accurate purchase and account

information for all purchases made via the Services. You further agree to promptly

update account and payment information, including email address, payment method,

and payment card expiration date, so that we can complete your transactions and

contact you as needed. Sales tax will be added to the price of purchases as deemed

required by us. We may change prices at any time. All payments shall be in US

dollars.

You agree to pay all charges at the prices then in effect for your purchases and any

applicable shipping fees, and you authorize us to charge your chosen payment

provider for any such amounts upon placing your order. We reserve the right to

correct any errors or mistakes in pricing, even if we have already requested or

received payment.

We reserve the right to refuse any order placed through the Services. We may, in our

sole discretion, limit or cancel quantities purchased per person, per household, or per

order. These restrictions may include orders placed by or under the same customer

account, the same payment method, and/or orders that use the same billing or

shipping address. We reserve the right to limit or prohibit orders that, in our sole

judgment, appear to be placed by dealers, resellers, or distributors.

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6. POLICY

All sales are final and no refund will be issued.

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7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we

make the Services available. The Services may not be used in connection with any

commercial endeavors except those that are specifically endorsed or approved by

us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or

compile, directly or indirectly, a collection, compilation, database, or directory

without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn

sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the

Services, including features that prevent or restrict the use or copying of any

Content or enforce limitations on the use of the Services and/or the Content

contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

Use any information obtained from the Services in order to harass, abuse, or

harm another person.

Make improper use of our support services or submit false reports of abuse or

misconduct.

Use the Services in a manner inconsistent with any applicable laws or

regulations.

Engage in unauthorized framing of or linking to the Services.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,

or other material, including excessive use of capital letters and spamming

(continuous posting of repetitive text), that interferes with any party’s

uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,

alters, or interferes with the use, features, functions, operation, or maintenance

of the Services.

Engage in any automated use of the system, such as using scripts to send

comments or messages, or using any data mining, robots, or similar data

gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of

another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts

as a passive or active information collection or transmission mechanism,

including without limitation, clear graphics interchange formats ("gifs"), 1Å~1

pixels, web bugs, cookies, or other similar devices (sometimes referred to as

"spyware" or "passive collection mechanisms" or "pcms").

Interfere with, disrupt, or create an undue burden on the Services or the

networks or services connected to the Services.

Harass, annoy, intimidate, or threaten any of our employees or agents

engaged in providing any portion of the Services to you.

Attempt to bypass any measures of the Services designed to prevent or

restrict access to the Services, or any portion of the Services.

Copy or adapt the Services' software, including but not limited to Flash, PHP,

HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or

reverse engineer any of the software comprising or in any way making up a

part of the Services.

Except as may be the result of standard search engine or Internet browser

usage, use, launch, develop, or distribute any automated system, including

without limitation, any spider, robot, cheat utility, scraper, or offline reader that

accesses the Services, or use or launch any unauthorized script or other

software.

Use a buying agent or purchasing agent to make purchases on the Services.

Make any unauthorized use of the Services, including collecting usernames

and/or email addresses of users by electronic or other means for the purpose

of sending unsolicited email, or creating user accounts by automated means or

under false pretenses.

Use the Services as part of any effort to compete with us or otherwise use the

Services and/or the Content for any revenue-generating endeavor or

commercial enterprise.

Use the Services to advertise or offer to sell goods and services.

Sell or otherwise transfer your profile.

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8. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you

with the opportunity to create, submit, post, display, transmit, perform, publish,

distribute, or broadcast content and materials to us or on the Services, including but

not limited to text, writings, video, audio, photographs, graphics, comments,

suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Services and through third-party

websites. When you create or make available any Contributions, you thereby

represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the

accessing, downloading, or copying of your Contributions do not and will not

infringe the proprietary rights, including but not limited to the copyright, patent,

trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights,

consents, releases, and permissions to use and to authorize us, the Services,

and other users of the Services to use your Contributions in any manner

contemplated by the Services and these Legal Terms.

You have the written consent, release, and/or permission of each and every

identifiable individual person in your Contributions to use the name or likeness

of each and every such identifiable individual person to enable inclusion and

use of your Contributions in any manner contemplated by the Services and

these Legal Terms.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional

materials, pyramid schemes, chain letters, spam, mass mailings, or other

forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,

libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse

anyone.

Your Contributions are not used to harass or threaten (in the legal sense of

those terms) any other person and to promote violence against a specific

person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third

party.

Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being of

minors.

Your Contributions do not include any offensive comments that are connected

to race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any

provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and

may result in, among other things, termination or suspension of your rights to use the

Services.

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9. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information

and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that

we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of

all of your Contributions and any intellectual property rights or other proprietary rights

associated with your Contributions. We are not liable for any statements or

representations in your Contributions provided by you in any area on the Services.

You are solely responsible for your Contributions to the Services and you expressly

agree to exonerate us from any and all responsibility and to refrain from any legal

action against us regarding your Contributions.

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10. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting

a review, you must comply with the following criteria: (1) you should have firsthand

experience with the person/entity being reviewed; (2) your reviews should not contain

offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews

should not contain discriminatory references based on religion, race, gender, national

origin, age, marital status, sexual orientation, or disability; (4) your reviews should not

contain references to illegal activity; (5) you should not be affiliated with competitors if

posting negative reviews; (6) you should not make any conclusions as to the legality

of conduct; (7) you may not post any false or misleading statements; and (8) you may

not organize a campaign encouraging others to post reviews, whether positive or

negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely

no obligation to screen reviews or to delete reviews, even if anyone considers

reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not

necessarily represent our opinions or the views of any of our affiliates or partners. We

do not assume liability for any review or for any claims, liabilities, or losses resulting

from any review. By posting a review, you hereby grant to us a perpetual, nonexclusive,

worldwide, royalty-free, fully paid, assignable, and sublicensable right and

license to reproduce, modify, translate, transmit by any means, display, perform,

and/or distribute all content relating to review.

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11. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, nonexclusive,

non-transferable, limited right to install and use the App on wireless

electronic devices owned or controlled by you, and to access and use the App on

such devices strictly in accordance with the terms and conditions of this mobile

application license contained in these Legal Terms. You shall not: (1) except as

permitted by applicable law, decompile, reverse engineer, disassemble, attempt to

derive the source code of, or decrypt the App; (2) make any modification, adaptation,

improvement, enhancement, translation, or derivative work from the App; (3) violate

any applicable laws, rules, or regulations in connection with your access or use of the

App; (4) remove, alter, or obscure any proprietary notice (including any notice of

copyright or trademark) posted by us or the licensors of the App; (5) use the App for

any revenue-generating endeavor, commercial enterprise, or other purpose for which

it is not designed or intended; (6) make the App available over a network or other

environment permitting access or use by multiple devices or users at the same time;

(7) use the App for creating a product, service, or software that is, directly or

indirectly, competitive with or in any way a substitute for the App; (8) use the App to

send automated queries to any website or to send any unsolicited commercial email;

or (9) use any proprietary information or any of our interfaces or our other intellectual

property in the design, development, manufacture, licensing, or distribution of any

applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple

Store or Google Play (each an "App Distributor") to access the Services: (1) the

license granted to you for our App is limited to a non-transferable license to use the

application on a device that utilizes the Apple iOS or Android operating systems, as

applicable, and in accordance with the usage rules set forth in the applicable App

Distributor’s terms of service; (2) we are responsible for providing any maintenance

and support services with respect to the App as specified in the terms and conditions

of this mobile application license contained in these Legal Terms or as otherwise

required under applicable law, and you acknowledge that each App Distributor has

no obligation whatsoever to furnish any maintenance and support services with

respect to the App; (3) in the event of any failure of the App to conform to any

applicable warranty, you may notify the applicable App Distributor, and the App

Distributor, in accordance with its terms and policies, may refund the purchase price,

if any, paid for the App, and to the maximum extent permitted by applicable law, the

App Distributor will have no other warranty obligation whatsoever with respect to the

App; (4) you represent and warrant that (i) you are not located in a country that is

subject to a US government embargo, or that has been designated by the US

government as a "terrorist supporting" country and (ii) you are not listed on any US

government list of prohibited or restricted parties; (5) you must comply with

applicable third-party terms of agreement when using the App, e.g., if you have a

VoIP application, then you must not be in violation of their wireless data service

agreement when using the App; and (6) you acknowledge and agree that the App

Distributors are third-party beneficiaries of the terms and conditions in this mobile

application license contained in these Legal Terms, and that each App Distributor will

have the right (and will be deemed to have accepted the right) to enforce the terms

and conditions in this mobile application license contained in these Legal Terms

against you as a third-party beneficiary thereof.

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12. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online

accounts you have with third-party service providers (each such account, a "Third-

Party Account") by either: (1) providing your Third-Party Account login information

through the Services; or (2) allowing us to access your Third-Party Account, as is

permitted under the applicable terms and conditions that govern your use of each

Third-Party Account. You represent and warrant that you are entitled to disclose your

Third-Party Account login information to us and/or grant us access to your Third-

Party Account, without breach by you of any of the terms and conditions that govern

your use of the applicable Third-Party Account, and without obligating us to pay any

fees or making us subject to any usage limitations imposed by the third-party service

provider of the Third-Party Account. By granting us access to any Third-Party

Accounts, you understand that (1) we may access, make available, and store (if

applicable) any content that you have provided to and stored in your Third-Party

Account (the "Social Network Content") so that it is available on and through the

Services via your account, including without limitation any friend lists and (2) we may

submit to and receive from your Third-Party Account additional information to the

extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy

settings that you have set in such Third-Party Accounts, personally identifiable

information that you post to your Third-Party Accounts may be available on and

through your account on the Services. Please note that if a Third-Party Account or

associated service becomes unavailable or our access to such Third-Party Account

is terminated by the third-party service provider, then Social Network Content may no

longer be available on and through the Services. You will have the ability to disable

the connection between your account on the Services and your Third-Party Accounts

at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRDPARTY

SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY

ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH

THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social

Network Content for any purpose, including but not limited to, for accuracy, legality, or

non-infringement, and we are not responsible for any Social Network Content. You

acknowledge and agree that we may access your email address book associated

with a Third-Party Account and your contacts list stored on your mobile device or

tablet computer solely for purposes of identifying and informing you of those contacts

who have also registered to use the Services. You can deactivate the connection

between the Services and your Third-Party Account by contacting us using the

contact information below or through your account settings (if applicable). We will

attempt to delete any information stored on our servers that was obtained through

such Third-Party Account, except the username and profile picture that become

associated with your account.

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13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations

of these Legal Terms; (2) take appropriate legal action against anyone who, in our

sole discretion, violates the law or these Legal Terms, including without limitation,

reporting such user to law enforcement authorities; (3) in our sole discretion and

without limitation, refuse, restrict access to, limit the availability of, or disable (to the

extent technologically feasible) any of your Contributions or any portion thereof; (4) in

our sole discretion and without limitation, notice, or liability, to remove from the

Services or otherwise disable all files and content that are excessive in size or are in

any way burdensome to our systems; and (5) otherwise manage the Services in a

manner designed to protect our rights and property and to facilitate the proper

functioning of the Services.

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14. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be

bound by our Privacy Policy posted on the Services, which is incorporated into these

Legal Terms. Please be advised the Services are hosted in the United States. If you

access the Services from any other region of the world with laws or other

requirements governing personal data collection, use, or disclosure that differ from

applicable laws in the United States, then through your continued use of the

Services, you are transferring your data to the United States, and you expressly

consent to have your data transferred to and processed in the United States.

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15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE

RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE

OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING

BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR

FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL

TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE

YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR

ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY

TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from

registering and creating a new account under your name, a fake or borrowed name,

or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take

appropriate legal action, including without limitation pursuing civil, criminal, and

injunctive redress.

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16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any

time or for any reason at our sole discretion without notice. However, we have no

obligation to update any information on our Services. We will not be liable to you or

any third party for any modification, price change, suspension, or discontinuance of

the Services.

We cannot guarantee the Services will be available at all times. We may experience

hardware, software, or other problems or need to perform maintenance related to the

Services, resulting in interruptions, delays, or errors. We reserve the right to change,

revise, update, suspend, discontinue, or otherwise modify the Services at any time or

for any reason without notice to you. You agree that we have no liability whatsoever

for any loss, damage, or inconvenience caused by your inability to access or use the

Services during any downtime or discontinuance of the Services. Nothing in these

Legal Terms will be construed to obligate us to maintain and support the Services or

to supply any corrections, updates, or releases in connection therewith.

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17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in

accordance with the laws of the State of Texas applicable to agreements made and

to be entirely performed within the State of Texas, without regard to its conflict of law

principles.

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18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim

related to these Legal Terms (each a "Dispute" and collectively, the "Disputes")

brought by either you or us (individually, a "Party" and collectively, the "Parties"), the

Parties agree to first attempt to negotiate any Dispute (except those Disputes

expressly provided below) informally for at least thirty (30) days before initiating

arbitration. Such informal negotiations commence upon written notice from one Party

to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the

Dispute (except those Disputes expressly excluded below) will be finally and

exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT

THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE

A JURY TRIAL. The arbitration shall be commenced and conducted under the

Commercial Arbitration Rules of the American Arbitration Association ("AAA") and,

where appropriate, the AAA’s Supplementary Procedures for Consumer Related

Disputes ("AAA Consumer Rules"), both of which are available at the American

Arbitration Association (AAA) website. Your arbitration fees and your share of

arbitrator compensation shall be governed by the AAA Consumer Rules and, where

appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted

in person, through the submission of documents, by phone, or online. The arbitrator

will make a decision in writing, but need not provide a statement of reasons unless

requested by either Party. The arbitrator must follow applicable law, and any award

may be challenged if the arbitrator fails to do so. Except where otherwise required by

the applicable AAA rules or applicable law, the arbitration will take place in USA,

Texas. Except as otherwise provided herein, the Parties may litigate in court to

compel arbitration, stay proceedings pending arbitration, or to confirm, modify,

vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall

be commenced or prosecuted in the state and federal courts located in Bexar, Texas,

and the Parties hereby consent to, and waive all defenses of lack of personal

jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such

state and federal courts. Application of the United Nations Convention on Contracts

for the International Sale of Goods and the Uniform Computer Information

Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the

Services be commenced more than one (1) years after the cause of action arose. If

this provision is found to be illegal or unenforceable, then neither Party will elect to

arbitrate any Dispute falling within that portion of this provision found to be illegal or

unenforceable and such Dispute shall be decided by a court of competent jurisdiction

within the courts listed for jurisdiction above, and the Parties agree to submit to the

personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the

Parties individually. To the full extent permitted by law, (a) no arbitration shall be

joined with any other proceeding; (b) there is no right or authority for any Dispute to

be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported

representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions

concerning informal negotiations binding arbitration: (a) any Disputes seeking to

enforce or protect, or concerning the validity of, any of the intellectual property rights

of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,

invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this

provision is found to be illegal or unenforceable, then neither Party will elect to

arbitrate any Dispute falling within that portion of this provision found to be illegal or

unenforceable and such Dispute shall be decided by a court of competent jurisdiction

within the courts listed for jurisdiction above, and the Parties agree to submit to the

personal jurisdiction of that court.

​

19. CORRECTIONS

There may be information on the Services that contains typographical errors,

inaccuracies, or omissions, including descriptions, pricing, availability, and various

other information. We reserve the right to correct any errors, inaccuracies, or

omissions and to change or update the information on the Services at any time,

without prior notice.

​

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU

AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO

THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,

EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE

THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT

THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE

CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE

SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR

ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND

MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE

SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE

SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR

FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR

CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,

VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO

OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY

ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY

LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF

ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE

VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR

ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED

WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY

BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN

ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN

YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS

WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM

OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND

EXERCISE CAUTION WHERE APPROPRIATE.

​

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE

LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE

DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE

HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS

OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE

AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD

PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND

INTERNATIONAL 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 OR

LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL

RIGHTS.

​

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from

and against any loss, damage, liability, claim, or demand, including reasonable

attorneys’ fees and expenses, made by any third party due to or arising out of: (1)

use of the Services; (2) breach of these Legal Terms; (3) any breach of your

representations and warranties set forth in these Legal Terms; (4) your violation of

the rights of a third party, including but not limited to intellectual property rights; or (5)

any overt harmful act toward any other user of the Services with whom you

connected via the Services. Notwithstanding the foregoing, we reserve the right, at

your expense, to assume the exclusive defense and control of any matter for which

you are required to indemnify us, and you agree to cooperate, at your expense, with

our defense of such claims. We will use reasonable efforts to notify you of any such

claim, action, or proceeding which is subject to this indemnification upon becoming

aware of it.

​

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of

managing the performance of the Services, as well as data relating to your use of the

Services. Although we perform regular routine backups of data, you are solely

responsible for all data that you transmit or that relates to any activity you have

undertaken using the Services. You agree that we shall have no liability to you for

any loss or corruption of any such data, and you hereby waive any right of action

against us arising from any such loss or corruption of such data.

​

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,

AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute

electronic communications. You consent to receive electronic communications, and

you agree that all agreements, notices, disclosures, and other communications we

provide to you electronically, via email and on the Services, satisfy any legal

requirement that such communication be in writing. YOU HEREBY AGREE TO THE

USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER

RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND

RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE

SERVICES. You hereby waive any rights or requirements under any statutes,

regulations, rules, ordinances, or other laws in any jurisdiction which require an

original signature or delivery or retention of non-electronic records, or to payments or

the granting of credits by any means other than electronic means.

​

25. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the California Department of

Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,

California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

​

26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services

or in respect to the Services constitute the entire agreement and understanding

between you and us. Our failure to exercise or enforce any right or provision of these

Legal Terms shall not operate as a waiver of such right or provision. These Legal

Terms operate to the fullest extent permissible by law. We may assign any or all of

our rights and obligations to others at any time. We shall not be responsible or liable

for any loss, damage, delay, or failure to act caused by any cause beyond our

reasonable control. If any provision or part of a provision of these Legal Terms is

determined to be unlawful, void, or unenforceable, that provision or part of the

provision is deemed severable from these Legal Terms and does not affect the

validity and enforceability of any remaining provisions. There is no joint venture,

partnership, employment or agency relationship created between you and us as a

result of these Legal Terms or use of the Services. You agree that these Legal Terms

will not be construed against us by virtue of having drafted them. You hereby waive

any and all defenses you may have based on the electronic form of these Legal

Terms and the lack of signing by the parties hereto to execute these Legal Terms.

​

27. CONTACT US

In order to resolve a complaint regarding the Services or to receive further

information regarding use of the Services, please contact us at:

Fligent LC

__________

Phone: 956-545-9134

opcla@fligent.com

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