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CLIENTS By using the Internet site located at Flex U.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by Flex U (the "Company"), from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

BY USING THIS SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

PRIVACY POLICY. The Company respects your privacy. A complete statement of Company's current privacy policy can be found on the bottom of Flex U.com. The Company's privacy policy is expressly incorporated into this Agreement by this reference. By providing information to Company through the Site of Services, you provide your affirmative consent that Company may collect, use, and disclose any information submitted or collected through the Site or Services, that Company may contact you via any contact method you provide, including email and telephone, that Company may disclose your contact information to third-parties, and that such third-parties may contact you via commercial email, telephone, or any other communication method.

REGISTRATION. If you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites; Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and is not responsible for, the accuracy, currency, content, or quality of any services or downloads you receive from a third party, and that, Company is not affiliated with any third party that you may link to through this site. You expressly agree to indemnify Company from any claims you may have against a third party that you linked to or accessed via Company's website.

PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the State of California without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the State of California, United States, for all disputes arising out of or related to the use of the Site or Service.

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

ARBITRATION AGREEMENT Any dispute or claim relating in any way to your use of this website, including any related calls texts or other communications, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This includes claims against our clients, vendors, and Marketing Partners, which are third party beneficiaries of this arbitration agreement. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these terms as a court would.

The arbitration may be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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Last updated: 2023-07-19

Effective Date: 2023-07-19

This Online Privacy Policy (“Policy”) covers how, Flex U.com treats your personal information and other information that we collect when you interact with our website or services.

WHAT IS PERSONAL INFORMATION?

Personal information is any information that can reasonably identify you as an individual, by itself or with other personal or identifiable information. We may collect information about you in a variety of ways depending on how you interact with us and our website, products, and services. The specific personal information that we collect, use, disclose, and sell depends on our relationship or interaction with you.

Personal Information We Collect Online

How do we collect personal information online?

We collect personal information from a variety of sources, including from you directly when you access certain portions of our website and complete the required information request form and/or otherwise provide such information to us, automatically through the use of cookies, server logs, and other similar technologies when you interact with our websites, and from other sources, including, for example, our affiliates, business partners, service providers, and other third parties, or from publicly available sources.

Where you attempt to utilize the contact forms on our site, you may be required to submit, and we may collect, some or all of the following information: (a)�your email address; (b) your full name; (c) your telephone number; (d)�certain information pertaining to your desired healthcare goals; (e) certain information pertaining to your health, including Medicare status and eligibility to enroll in an insurance plan; and (f) any other information requested on the contact forms. Upon clicking on the applicable submission button on the website: (i)�we may pass this information along to one or more of our partners; and (ii)�you may be contacted by us and/or one or more of our partners regarding your request. Where we contact you in connection with your submission of personal information, our representatives may request additional information over the telephone including some or all of the following: (A) your date of birth; (B)�your mailing address; (C)�certain information pertaining to the your desired result; and (E)�any other information requested by our applicable representative.
We may collect certain personal information about you and your desktop computer and/or mobile device when you visit many of the pages of the website. This information may include the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your internet service provider (e.g., Verizon, AT&T). We use this information to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.
We may use cookies or other technology to deliver more relevant advertising and to link data collected across other computers or devices that you may use. When you visit our website, we send one or more cookies and/or .gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to your computer. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience on our site. We use Cookies to improve the quality of the Site Offerings, including for storing your preferences and tracking Site-User trends (such as pages opened and length of stay at the Site). We do not currently recognize Do Not Track requests or headers from your browser.

Use of Personal Information

Where you submit personal information, we use the information that you make available to personalize your experience with the site and to facilitate the delivery of the applicable services to you, including to respond to any inquiries you make.

We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the site, and/or to contact you when necessary in connection with your use of the site. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the site itself. We may also combine the information we have gathered about you with information from other sources.

We reserve the right to transfer and/or sell aggregate or group data about users of the site for lawful purposes. Aggregate or group data is data that describes the demographics, usage, and other characteristics of these users as a group, without disclosing personally identifiable information. To the extent we maintain and use personal information in a deidentified form, we will not attempt to reidentify the information, except for the purpose of determining whether our deidentification processes satisfy our legal obligations.

Disclosure of Personal Information

In addition to the specific situations discussed elsewhere in this Privacy Policy, we may disclose personal information in the following situations:

Affiliates and Acquisitions. We may share information with our corporate affiliates (*e.g*., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third-party intermediary.
Public. Some of our websites may provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available. \[For example, some of our websites provide the opportunity to create gift registries. We share the information that you provide about your event (*e.g.*, name, date, location, etc.) with the public to permit others to search for that information.
Partner Promotion. We may offer contests, sweepstakes, or other promotions with third party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third party partner the information that you provide will be shared with us and with them. Their use of your information is not governed by this privacy policy.
Service Providers. We may share your information with service providers. Among other things service providers may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
Other Disclosures with Your Consent. We may disclose your information to other third parties when we have your consent or direction to do so.

External Parties

This Disclosure pertains only to our own privacy practices and does not extend to third-party service providers that we do not own or control. It's important to note that certain affiliates may have different privacy statements, which complement this Policy.
We cannot be held accountable for the information practices of third parties, including those operating websites or services that our Services link to. Our inclusion of a link to a third-party feature does not indicate our or our affiliates' endorsement of the linked website or service. It's essential to review the applicable party's privacy policies and Terms of Service when you leave our Services or engage with a third-party feature to ensure you understand their information practices.
Furthermore, we cannot be responsible for the information practices of other organizations such as Facebook, Apple, Google, Microsoft, Bing, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer. This includes any Personal Information you directly disclose to other organizations or enable to be disclosed to other organizations via your device or browser preferences while using the Apps or social media pages.

This information is collected in order to process transactions, comply with laws, manage our business, or provide you with services. Note that we do not use such information for any purposes that are not identified within the California Privacy Rights Act Section 1798.121. We do not “sell” or “share” sensitive personal information for purposes of cross-context behavioral advertising.

Third-Party Websites

This site may contain links to third-party owned and/or operated websites including third-party providers with whom we work. In some cases, you may be able to make a purchase through one of these third-party websites and may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. If you visit or access one of these third-party websites, please review their online privacy and data collection practices. We are not responsible for the privacy practices or the content of such websites.

Additional Information for California Residents

In the past 12 months, we have collected and disclosed the following categories of Personal Information:

Category of Personal Information	Category of Recipients
Category of Personal Information	Disclosures for a Business Purpose	Sharing for Cross-Context Behavioral Advertising
Identifiers – this may include real name, alias, postal address, unique personal identifier, online identifier, email address, account name, or other similar identifiers.	Affiliates or subsidiaries Business partners Data analytics providers Data brokers Internet service providers Joint marketing partners Operating systems and platforms Other Service Providers Payment processors and financial institutions Professional services organizations, this may include auditors and law firms Social networks	Advertising networks
Health Related Information – this may include medical information, mental or physical condition or treatment, or health insurance information.	Affiliates or subsidiaries Business partners Data analytics providers Data brokers Internet service providers Joint marketing partners Operating systems and platforms Other Service Providers Payment processors and financial institutions Professional services organizations, this may include auditors and law firms Social networks	Advertising networks
Characteristics of protected classifications – this may include age, sex, race, ethnicity, physical, or mental handicap, etc.	Affiliates or subsidiaries Business partners Data analytics providers Data brokers Internet service providers Joint marketing partners Operating systems and platforms Other Service Providers Payment processors and financial institutions Professional services organizations, this may include auditors and law firms Social networks	Advertising networks
Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Affiliates or subsidiaries Business partners Data analytics providers Data brokers Internet service providers Joint marketing partners Operating systems and platforms Other Service Providers Payment processors and financial institutions Professional services organizations, this may include auditors and law firms Social networks	Advertising networks
Biometric information – this may include imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns, or rhythms, and sleep, health, or exercise data that contain identifying information	Affiliates or subsidiaries Business partners Data analytics providers Data brokers Internet service providers Joint marketing partners Operating systems and platforms Other Service Providers Payment processors and financial institutions Professional services organizations, this may include auditors and law firms Social networks	Advertising networks
Internet or other electronic network activity information – this may include browsing history, search history, and information regarding an individual's interaction with an internet website, application, or advertisement.	Affiliates or subsidiaries Business partners Data analytics providers Data brokers Internet service providers Joint marketing partners Operating systems and platforms Other Service Providers Payment processors and financial institutions Professional services organizations, this may include auditors and law firms Social networks	Advertising networks
Geolocation data	Affiliates or subsidiaries Business partners Data analytics providers Data brokers Internet service providers Joint marketing partners Operating systems and platforms Other Service Providers Payment processors and financial institutions Professional services organizations, this may include auditors and law firms Social networks	Advertising networks
Audio, electronic, visual, thermal, olfactory, or similar information	Affiliates or subsidiaries Business partners Data analytics providers Data brokers Internet service providers Joint marketing partners Operating systems and platforms Other Service Providers Payment processors and financial institutions Professional services organizations, this may include auditors and law firms Social networks	Advertising networks
Professional or employment-related information	Affiliates or subsidiaries Business partners Data analytics providers Data brokers Internet service providers Joint marketing partners Operating systems and platforms Other Service Providers Payment processors and financial institutions Professional services organizations, this may include auditors and law firms Social networks	Advertising networks
Inferences drawn from any of the information listed above
Additional categories of personal information described in the�California�Customer Records statute (Cal.�Civ.�Code�§�1798.80(e)) – this may include signature, physical characteristics, or description, insurance policy number.

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California Sensitive Information Disclosure: We collect the following categories of sensitive personal information (as defined under California law):

1. Health information, such as current healthcare status, desired health benefits, and current plan information
2. Information related to the physical, physiological, or behavioral characteristics of an individual, such as biometric data, such as fingerprints, facial recognition data, and other similar data that is used to identify an individual based on their unique physical characteristics.

Your Choices

Some jurisdictions allow you to make the following choices about your personal information:

You may request that we delete your personal information. If required by law, we will grant a request to delete information, but you should note that in many situations, we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another business purpose.
You may request that we disclose the categories and/or specific pieces of personal information collected and sold or confirmation that we have information about you. In certain circumstances, you may also request to receive access to your data in a portable, machine-readable format.
We rely on you to update and correct your personal information. You may ask us to correct information that is inaccurate or incomplete. Note that we may keep historical information in our backup files as permitted by law.
You may object to our use or disclosure of your personal information by contacting us at the address below.
You may direct us not to sell or share your “personal information” (“Right to Opt-Out”).
You may cancel promotional text messages at any time by replying STOP.
You may opt-out or unsubscribe from receiving email and other forms of communications from us by: (a) follow the instructions included in the applicable email message or other communication; or (b) email us at: . Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for our services, as well as to respond to any inquiry or request you make. To opt-out of receiving these transactional response-related messages from us, you must cease requesting and/or utilizing the sites and services and/or cease submitting inquiries to Company, as applicable.

Upon submission, you may be asked to verify your identity. If we are able to verify your request, we will respond within 45 days of your submission (or such additional time period as the law allows us).

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. If you are an authorized agent submitting a request on behalf of an individual, you must attach signed permission indicating that you are able to act on another person's behalf.

We do not discriminate against any individual who chooses to exercise any of the above rights. If you disagree with how we handled a request, you may appeal our decision by contacting us with the subject line “Appeal.”

Protecting Your Information

We use reasonable and appropriate methods to protect your information. Please be advised, however, that no storage facility, technology, software, security protocols or data transmission over the internet or via wireless networks can be guaranteed to be 100% secure.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via email, letter, or phone call in the event of such a breach, if permitted by law.

Data Retention

We retain your personal information for only as long as necessary to fulfill the purposes outlined in this Privacy Policy, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by law. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we obtained the information and whether we can achieve those purposes through other means, as well as applicable legal requirements.

Children

Visitors under 18 years of age are not permitted to use and/or submit their personal information to our website. We do not knowingly solicit or collect information from visitors under 18 years of age. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Updates to Our Privacy Policy

This Privacy Policy may be updated at any time and without prior notice to you to reflect changes in our personal information practices. We will indicate at the top of the policy when it was most recently updated. This policy was first effective in May 2022.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices in general, or if you need to access this Privacy Policy in an offline format, you may email us as at: admin(at)flex-u.com

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