Terms of Use
Welcome to our website! The Website is made available by FlexBooker LLC (“FlexBooker,” “Company,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.FlexBooker.com, including any content, functionality, interactive features, applications or downloads and services offered on or through www.FlexBooker.com (collectively, the "Website"), whether as a guest or a registered user. As used in these Terms of Use, “you” or “your” refers collectively to an eligible user to the Website.
By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at <https://www.flexbooker.com/legal/privacy> , incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by FlexBooker and shall be devoid of any and all force and effect to the fullest extent allowed by applicable law.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet this requirement, you must not access or use the Website.
We may revise and update these Terms of Use from time to time in our sole discretion, without notice to you. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. FOR THE AVOIDANCE OF DOUBT, FLEXBOOKER OFFERS THE WEBSITE AND ITS SERVICE TO YOU CONDITIONED ON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS AND CONDITIONS. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY AND LIMITATIONS ON YOUR REMEDIES. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND FLEXBOOKER.
FlexBooker currently provides an Internet-based on-line connection medium for individual customers and consumers (“Customers”) and service providing merchants (each a “Merchant”). The Website allows FlexBooker to connect potential Customers with merchants. The Website provides Customers with the ability to book appointments at selected merchants, via that merchant's website. Once a Customer books an appointment with a merchant using the Website, if they would like, FlexBooker.com will timely notify the particular Merchant of the Customer’s booking by displaying the booking in the Merchant's secure account management area. FlexBooker does not provide booked services directly to any Customer or user of the Website. We merely provide a hub where Customers can connect with Merchants in order to obtain the Merchant’s services. Merchants must register with the Website in order to be listed in our data base and to be notified when Customers are in need of services. Unless explicitly stated otherwise, any new features, which enhance or augment FlexBooker’s current service shall be subject to these Terms of Use. You must obtain access to the internet in order to use the Website, either directly or through other devices that access web-based content. In addition, you shall supply all necessary equipment to connect to the internet, including a computer, a modem or other access devices.
As a Customer, in consideration of your use of the Website, you agree to: (i) use the Website for the sole purpose of facilitating booking services and other related transactions; (ii) provide information about yourself that is true, accurate, and complete as prompted by the Website Customer sign up form (the “Customer Sign Up Information”) and (iii) where applicable and appropriate, maintain and promptly update the Customer Sign Up Information to keep it true, accurate, and complete. If you provide information that is untrue, inaccurate, or incomplete, or if FlexBooker has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, FlexBooker reserves the right to suspend or terminate your FlexBooker account and refuse any and all current or future use of the Website. You may not use the Website for any illegal purpose or in any manner inconsistent with the Terms of Use.
As a Merchant (who is currently engaged in providing services to consumers), in consideration of your use of the Website, you agree to: (i) use the Website for the sole purpose of facilitating booking services and other related transactions; (ii) provide information about yourself and your company that is true, accurate, and complete as prompted by the Website Merchant sign up form (the “Merchant Sign Up Information”) and (iii) where applicable and appropriate, maintain and promptly update the Merchant Sign Up Information to keep it true, accurate, and complete. If you provide information that is untrue, inaccurate, or incomplete, or if FlexBooker has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, FlexBooker reserves the right to suspend or terminate your FlexBooker account and refuse any and all current or future use of the Website. You may not use the Website for any illegal purpose or in any manner inconsistent with the Terms of Use. Additionally, FlexBooker reserves the right to suspend, terminate, or cancel your Merchant FlexBooker account and refuse any and all current or future use of the Website for no reason or any reason at all, including, but not limited to, multiple cancellations of Customer requests and multiple Customer complaints regarding the quality of your services.
FlexBooker may charge Merchants a monthly fee for the use of its Website at the then applicable rate as posted on the Website or such other fee as may be designated by FlexBooker from time to time in its sole discretion. Unless otherwise stated by FlexBooker, your first payment shall be due on or before the day that you request our services, and such day will be your due date for the next applicable installment payment. We reserve the right to modify payment terms at any time.
If your credit card information has been entered into the Website and you have elected to continue using our Website, you acknowledge and agree that FlexBooker may automatically charge your credit card on a recurring basis for the fees associated with the Website starting on the day you provide such billing information. If our monthly fee or other applicable fee is modified, you acknowledge and agree that you will be automatically charged with the then applicable rate on your next billing cycle.
Either you or FlexBooker may cancel your access to the Website with or without cause at any time and effective immediately. If you decide to cancel your access to the Website, you are responsible for properly cancelling your account. You will remain liable for all outstanding payments and fees due at the time of cancellation. You are not entitled to any refund including without limitation refunds related to partial month Website access, plan downgrades, or refunds for months unused if you decide to cancel your account before the end of your subscription period.
FlexBooker may terminate in whole or in part, your access to the Website immediately without notice if you, in FlexBooker’s sole discretion, you fail to comply with any provision of these Terms of Use or the Privacy Policy. Upon termination by you or upon notice of termination by FlexBooker, you must promptly destroy all materials obtained from the Website or FlexBooker.
To access certain Website features, you may be required to create a Website user account and password. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities occurring under your password and account, which may not be disclosed to any other person or entity. You agree to notify FlexBooker immediately if you notice any unauthorized use of your password or account or any other breach of security. You shall ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. FLEXBOOKER CANNOT AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS ARISING FROM FAILURE TO COMPLY WITH THIS SECTION .
The Website may provide links to other websites and resources supplied by third parties, which are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, payment processors, other payment intermediaries and sponsored links. Additionally, the Website may include reference to a specific third party, commercial consultant, company, firm, process, or service by trade name, trademark, manufacturer, or otherwise. All statements and opinions expressed such materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing such materials, and do not constitute or imply FlexBooker’s endorsement, recommendation, or favoring of such third party.
We have no control over the content or accuracy of such websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We reserve the right to withdraw or amend the Website, and any service or material provided on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You shall be responsible for informing all persons who access the Website through your internet connection about these Terms of Use, ensuring they comply with the Terms of Use, as well as making all arrangements necessary for you to have access to the Website.
To access the Website or some of the resources offered through the website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on or through the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy <https://www.flexbooker.com/legal/privacy> , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or the terms of the Privacy Policy.
You acquire absolutely no rights or licenses in or to the Website and materials contained within the Website other than a limited, revocable, and non-exclusive right to utilize the Website in accordance with these Terms of Use. Should you choose to download content from the Website, you must do so in accordance with the Terms of Use.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by FlexBooker, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws of the US and other countries. The Website is also protected as a collective work or compilation under US copyright and other laws and treaties. All individual articles of information, policies and other elements making up the Website are also copyrighted works.
These Terms of Use permit you to use the Website strictly in accordance with these Terms of Use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.
You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Website or later provided by us. Any use of materials on this Website, other than as permitted hereunder including reproduction, modification, distribution, or republication, without prior written permission of FlexBooker is absolutely prohibited, and may result in civil or criminal penalties. Additionally, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by FlexBooker.
The FlexBooker name, FlexBooker logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of FlexBooker. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy < https://www.flexbooker.com/legal/privacy> . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
The owner of the Website is based in the state of Ohio in the United States. We provide this Website for use only by persons located in the United States, Canada, and the United Kingdom. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to or use of the Website may not be legal by certain persons or in certain countries. If you access or otherwise the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Merchants must provide the services as requested by the Customers directly to such Customers, and Merchants are solely responsible to provide all services requested by Customers. Furthermore, Customers must pay Merchants directly for the services performed. FlexBooker intends only to provide a medium through which Merchants can connect with Customers and provide services, and Customers can remit direct payment therefor to the Merchant. FlexBooker does not provide services to Customers. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLEXBOOKER NOR ANY PERSON ASSOCIATED WITH FLEXBOOKER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF (I) THE WEBSITE , OF (II) THE MERCHANTS THEMSELVES, OR (II) THE SERVICES THAT THE MERCHANTS MAY PROVIDE TO CUSTOMERS VIA THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FLEXBOOKER NOR ANYONE ASSOCIATED WITH FLEXBOOKER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, TIMELY, APPROPRITATE, SUITABLE FOR ANY PURPOSE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
FLEXBOOKER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND AND CONDITIONS OF ANY KIND WITHOUT LIMITATION WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, THE NON-FLEXBOOKER GENERATED MATERIALS OR ANY SOFTWARE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND TITLE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF FLEXBOOKER’S TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES, OR OTHERWISE HAVE A DISPUTE WITH FLEXBOOKER, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE.
OUR USE OF OR REFERENCE TO A MERCHANT ON THE WEBSITE DOES NOT CONSTITUTE OR IMPLY OUR ENDORSEMENT, RECOMMENDATION, OR FAVORING OF SUCH MERCHANT. SHOULD A DISPUTE ARISE BETWEEN THE CUSTOMER AND THE MERCHANT REGARDING THE WEBSITE, EACH USER OF THE WEBSITE HEREBY AGREES THAT FLEXBOOKER IS NOT AND SHALL NOT BE RESPONSIBLE, AND THAT THE PARTIES SHALL WORK TO RESOLVE THE DISPUTES THEMSELVES.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. FLEXBOOKER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
IN NO EVENT WILL FLEXBOOKER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR MATERIALS ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE ITEMS AND THE AGREEMENT EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU DURING THE THIRTY (30) DAY PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify and hold harmless FlexBooker, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, our Privacy Policy, and your use of the Website, including, but not limited to, your user contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use and the Privacy Policy (including any alleged breach thereof), and the Website shall be FINAL AND BINDING ARBITRATION administered by the American Arbitration Association.
YOU AND COMPANY ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. FURTHER, NEITHER YOU NOR COMPANY AGREES TO CLASS ARBITRATION OR ANY ARBITRATION WHERE A PERSON MAY BRING A DISPUTE AS A REPRESENTATIVE OF OTHER PERSON(S). YOU AND COMPANY ACKNOWLEDGE AND AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU AND COMPANY GIVE UP YOUR RIGHT TO GO TO COURT IN CONNECTION WITH ANY DISPUTE TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND THE COMPANY . YOU AND COMPANY ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING . YOUR RIGHTS AND COMPANY’S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY .
Any proceeding to enforce this Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this Agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Franklin County, Ohio. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Ohio without regard to principles of conflicts of law, provided that this Agreement shall be governed by the Federal Arbitration Act. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, Customer and Merchant Sign Up, and our Privacy Policy constitute the sole and entire agreement between you and FlexBooker with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
By checking or otherwise selecting the “Sign Up” or other applicable button, you represent and warrant that you have read these Terms of Use and our Privacy Policy, acknowledge and agree to be bound by these Terms of Use and our Privacy Policy. You further represent and agree that: (i) you have the power and authority to enter into this agreement; (ii) you are at least 18 years old; (iii) you will comply with all U.S. laws regarding the transmission of any data obtained from the Website in accordance with these Terms of Use, (iv) you will not use the Website for illegal purposes, and (v) you will not interfere or disrupt networks connected to the Website. You understand that by checking the “Sign Up" or other applicable button, you are signing in an electronic form in order to enter into a legally binding agreement with FlexBooker for the Website.
You further understand that such signature of acceptance is the electronic and legal equivalent of a manually scripted signature. Therefore, any continued use of the Website by you will be conducted in accordance with these Terms of Use.
This Website is operated by FlexBooker LLC. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to:
FlexBooker LLC
225 W 1st Ave
Columbus, OH 43201
Attn: FlexBooker.com Terms of Use
or, via email at privacy@FlexBooker.com .
Thank you for visiting FlexBooker.com.