Terms of Service - Flip
IMPORTANT: PLEASE READ CAREFULLY
Effective Date: May 1, 2021.
YOUR REPRESENTATIONS AND WARRANTIES
LIMITED USE LICENSE
We reserve the right, in its sole discretion, to suspend, limit and/or terminate your access to or use of the Sites at any time without notice. Such suspension, limitation or termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.
Trademarks, names, logos, product and service names, designs and slogans on the Sites are trademarks of Flip, its affiliates, licensors, service providers, or other third parties. Nothing herein or on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner’s prior written permission. The Sites and all of their content, including, but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are each protected as a compilation under the copyright laws of the United States and other countries. Flip, its affiliates, licensors, and service providers (as applicable) reserve, and shall retain, their entire right, title, and interest in and to the Sites, including, but not limited to, all copyrights, trademarks, and other intellectual property rights therein or relating thereto.
INFORMATION AVAILABLE ON THE SITES
The services offered on our Sites may change. The prices for our services may also change.
The website and content within are delivered on an “as-is” and “as available” basis. We are not responsible if information made available on the Sites, including, but not limited to, any and all aggregated data, analysis, and search tool functionality, is not accurate, complete, or current. The information provided on the Sites, including, but not limited to, any and all aggregated data, analysis, and search tool functionality is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. The information provided on the Sites, including, but not limited to, any and all aggregated data, analysis, and search tool functionality does not constitute investment, financial, trading, or any other form of advice. The information provided on any market, investment, or other opportunity is not intended as a complete source of information. The markets and investments/products/tokens described on the Sites are not suitable for all investors and may not be suitable for you or your situation. You should consult your financial advisor before you make a financial decision based on any of the data or content provided. The information provided on the Sites, including, but not limited to, any and all aggregated data, analysis, and search tool functionality, should not be relied upon as a substitute for consultation with a qualified financial advisor, accountant, broker, or tax advisor. If you choose to use the data or content provided for any purpose, you assume full responsibility for the risks associated with those activities.
Certain of the statements concerning investment strategy contained on the Sites, including statements preceded by, followed by or which include the words “may,” “could,” “should,” “will,” “would,” “hope,” “might,” “believe,” “expect,” “anticipate,” “estimate,” “intend,” “plan,” “assume,” “project,” or similar expressions, constitute forward-looking statements. These forward-looking statements, implicitly and explicitly, are premised on certain beliefs, plans, objectives, goals, expectations, anticipations, estimates and intentions of Flip with respect to the financial condition, results of operations, future performance and business of a particular market or investment, including the Flip expectations and estimates with respect to the token or investment’s future value, income, expenses, losses, and other financial data. Although Flip believes that the expectations reflected in these forward-looking statements are based on reasonable assumptions and estimates, these statements are based on assumptions that are subject to change based on various factors, some of which are beyond the control of Flip. Should one or more of the underlying assumptions or one or more of the other factors affecting Flip’s forward-looking information and statements prove incorrect, then such investment’s actual results, performance, or achievements could differ materially from those expressed in, or implied by, forward-looking information and statements contained on the Sites. Accordingly, you should not place undue reliance on any such forward-looking information and statements. Flip does not intend to update forward-looking information and statements, whether written or verbal, to reflect changes that may arise, and all forward-looking statements attributable to the markets and investments/products/tokens/wallet/fund are expressly qualified by these cautionary statements.
The markets and investments described on the Sites and any Third Party Materials are only suitable for investors who are familiar with the markets described and willing to accept the high risks associated with such investments. Investing in the markets or investments requires high risk tolerance. None of the information contained on the Sites, including access to any Third Party Materials, constitutes a recommendation, solicitation or offer by Flip, its affiliates or third-parties to buy or sell any tokens, financial instruments or other assets or provide any investment advice or service. All information contained in the Sites has been prepared without reference to your particular investment requirements or financial situation. The Sites are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority, regulatory or self-regulatory organization, or where Flip is not authorized to provide such information or services. The Sites and all content, services and features available through the Sites, including any Third Party Materials, are intended for informational purposes only. They are not intended to substitute for professional investment, financial or legal advice. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON FLIP OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, OR EMPLOYEES IN MAKING AN INVESTMENT DECISION. ALWAYS CONSIDER SEEKING THE ADVICE OF A QUALIFIED PROFESSIONAL BEFORE MAKING DECISIONS REGARDING YOUR BUSINESS AND/OR INVESTMENTS. FLIP DOES NOT ENDORSE ANY INVESTMENTS AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO AS A RESULT OF INFORMATION ON THE SITES OR ACCESS TO ANY THIRD PARTY MATERIALS. YOU AGREE THAT FLIP AND ITS AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, OR EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND THE SITES OR YOU AND ANY THIRD PARTY MATERIALS. Featuring of or posting on the Sites of any potential market or investment in or rating of any particular wallet, token, or trade does not constitute specific endorsement by Flip of the quality of any potential investment in such market or investment in such token or trade. Flip does not endorse any tokens or trades. These risks are non-exhaustive and are intended to highlight certain risks associated with investing in markets or investments that are reviewed on the Sites or accessed through the Sites. We strongly advise you to consult a legal, tax and financial professional before investing, and carefully review all the specific risk disclosures provided as part of any potential investment. Flip receives no commission or transaction-based compensation in connection with the purchase or sale of markets or investments through the Sites. Flip is not a registered broker-dealer, funding portal, investment adviser or investment manager, and does not offer investment advice. Flip does not recommend or otherwise suggest that any investor make an investment in a particular market, or make any particular trade. Flip takes no part in the negotiation or execution of transactions for the purchase or sale of investments, and at no time has possession of or access to funds or tokens. You acknowledge and agree that Flip makes no representation, warranty or assurance that any potential market or investments reviewed on the Sites or accessed through the Sites are made in accordance with Federal and/or state securities law, including the exemption to the sale of unregistered securities, or the legality of any offerings therein.
We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor the Sites for any updates or changes.
COLLECTION AND USE OF YOUR INFORMATION
USER ACCOUNT REGISTRATION AND PASSWORDS
Some features that may be available on the Sites require you to register an account with us. By registering an account with, and in consideration of your use of, any of the Sites you agree to provide true, accurate, current, and complete information about yourself. Some features on the Sites may require use of a password. You alone are responsible for protecting your password. You agree that you alone will be responsible for any and all statements made, and acts or omissions that occur, through the use of your registered account, whether by you or an authorized or unauthorized user of your registered account, and that we will have no liability therefor. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you must notify us immediately. We may assume that any communications we receive from your registered account have been made by you unless we receive written notice otherwise.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITES AND ANY PART THEREOF IS AT YOUR SOLE RISK. THE SITES AND ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT, SUSPEND, OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME WITHOUT NOTICE. FLIP, ON BEHALF OF ITSELF, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE PRACTICE; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE, ADEQUATE, USEFUL, RELIABLE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS), YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLIP (INCLUDING ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS) OR THROUGH OR FROM THE SITES OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) SHALL CREATE ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, FLIP (INCLUDING ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS) PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITES OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK, WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLIP, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITES (INCLUDING DATA, IDEAS, GUIDANCE, OR RECOMMENDATIONS), ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE SITE, LINKS, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, FOR PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOST PROFITS, LOST INVESTMENTS OR ASSETS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF FLIP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; [B] ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND/OR (C) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SITES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR FLIP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FLIP. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FLIP UNDER SUCH CIRCUMSTANCES FOR ALL LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all claims. We reserve the right to assume the exclusive defense and control of any claims. You will not settle any claims without, in each instance, our prior written consent.
ELECTRONIC COMMUNICATIONS AND NOTICES
We may communicate with you via e-mail, postal mail, telephone, the Sites, and other services. We may issue, and you consent to receiving, notices via these various channels, including by sending e-mails to an address you provide us. You agree that such notices shall have legal effect. You also agree that any notices sent by e-mail satisfy any requirement that notices be provided in writing. You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, we will provide you with paper copies upon request.
GOVERNING LAW AND LIMITATION OF TIME TO FILE CLAIMS
This website is operated by Flip. You can contact us by writing to:
Flip 1108 Lavaca St Ste 110-207 Austin, TX, 78701
All other feedback, comments, requests and other communications relating to the Sites should be directed to: [email protected]