Terms and Conditions of Use of The FlexPortal Web Site
Last Modified: December 20, 2019
Notice Specific to Software Available on This Site
Any software and/or service that is made available to download from this Site (collectively, “Software”) is the copyrighted work of FlexPortal and/or its suppliers. Use of the Software is governed by the terms and conditions of the applicable terms of service agreement which accompanies or is included with the Software (“Terms of Service”). An end user will be unable to install any Software that is accompanied by or includes Terms of Service unless he or she first agrees to the applicable Terms of Service.
The Software is made available for downloading solely for use by end users according to the Terms of Service. Any reproduction or redistribution of the Software not in accordance with the Terms of Service is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER WEBSITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
IF THE SOFTWARE IS COVERED BY A WARRANTY, SUCH WARRANTY IS EXPRESSLY LIMITED TO, AND ONLY TO THE EXTENT EXPRESSLY SET FORTH IN, THE APPLICABLE TERMS OF SERVICE. EXCEPT AS MAY BE WARRANTED THEREIN, FLEXPORTAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Restricted Rights Legend
Any Software downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities (collectively, the “U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure of the Software and any documents in connection therewith by the U.S. Government is subject to restrictions as set forth in 48 C.F.R. 227.7202-4 (for Department of Defense acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-Department of Defense acquisitions). The U.S. Government’s rights in Software and any documents in connection therewith, including its rights to use, modify, reproduce, release, perform, display or disclose the Software and any such documents, will be subject in all respects to the applicable Terms of Service and all restrictions set forth herein.
FLEXPORTAL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY DOCUMENTS ON OR IN CONNECTION WITH THIS SITE AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FLEXPORTAL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL FLEXPORTAL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS OR REVENUE INCURRED BY YOU OR THIRD PARTIES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FLEXPORTAL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Notices Regarding Software, Documents and Services Available on This Site
IN NO EVENT SHALL FLEXPORTAL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS OR REVENUE INCURRED BY YOU OR THIRD PARTIES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SITE.
Links to Third Party Sites
ANY LINKS TO THIRD PARTY WEBSITES ON THIS SITE WILL ALLOW YOU TO LEAVE THE FLEXPORTAL SITE. ANY LINKED SITES ARE NOT UNDER THE CONTROL OF FLEXPORTAL AND FLEXPORTAL IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO ANY AND ALL SUCH SITES. TO THE EXTENT ANY SUCH LINKS ARE PROVIDED, FLEXPORTAL IS PROVIDING SUCH LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ANY ENDORSEMENT BY FLEXPORTAL OF THE APPLICABLE LINKED SITE.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to its conflict of laws principles. Unless waived by FlexPortal in its sole and absolute discretion, the venue and jurisdiction for actions related to the subject matter hereof shall be the Commonwealth of Pennsylvania, and a state or federal court of competent jurisdiction located in the county of Westmoreland, Pennsylvania.
Export Control Laws
Software available on this Site is subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) any country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Denial and Prohibition Orders. These lists and prohibitions are subject to change and you must comply with the lists as they exist in fact and all applicable United States export controls as they may be amended, modified, supplemented or otherwise changed from time to time.
By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.