Last updated: 10/19/24
This website is operated by FlashCat, a DBA of Bad Media LLC, an Arizona limited liability company. Throughout the site, the terms “we”, “us” and “our” refer to FlashCat. FlashCat offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is built on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
ONLINE STORE TERMS
a) By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. b) You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). c) You must not transmit any worms or viruses or any code of a destructive nature. d) A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
a) We reserve the right to refuse Service to anyone for any reason at any time. b) You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. c) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. d) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
NOT FINANCIAL ADVICE
The information provided on this site and through the Services is for informational purposes only and should not be construed as financial advice. Always seek the advice of a qualified financial advisor with any questions you may have regarding a financial decision.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
a) We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. b) This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
a) Prices for our products are subject to change without notice. b) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. c) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
a) Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. b) We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. c) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. d) We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
a) We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. b) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. c) For more details, please review our Refund Policy.
OPTIONAL TOOLS
a) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. b) You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. c) Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). d) We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
RISK ACKNOWLEDGEMENT
a) By using our Services, you acknowledge and accept the inherent risks associated with digital marketing, including but not limited to data breaches, data loss, and the actions of third-party freelancers. b) While we strive to mitigate these risks, we cannot guarantee absolute security and are not liable for any damages resulting from such risks. c) Financial Risk and Loss: You acknowledge that digital marketing involves financial risk and you could lose all your investment. This is not a get-rich-quick scheme, and ad budgets can be costly. There is no guarantee of results.
AUTHORITY AND CREATIVE CONTROL
a) By subscribing to our digital marketing plans, you grant us full authority to focus on the aspects of your business we believe will yield the best results. b) We retain creative control to execute the strategies and tactics we deem most effective. c) Our decisions are guided by data-driven insights, personal experience, business intuition, and industry best practices to optimize your business. d) We value your input and encourage collaboration, but our strategies will be prioritized based on what we believe will provide the best results. e) We hold the right to cancel services at any time, and there is no liability for stopping the service. f) In our done-for-you service, we will assign a digital marketing manager to oversee your project. This may be an in-house manager or a contracted freelancer or subcontractor. Group) We have the right to hire the freelancers, subcontractors, or other service providers we choose and the services we see best fit for your project.
By subscribing to our digital marketing plans, you acknowledge and agree to these terms regarding our authority and creative control over your project.
CREDIT CARD AUTHORIZATION AND USE
By providing FlashCat, a DBA of Bad Media LLC, with your credit card information for the purposes of handling expenses, advertising, and other related services, you agree to the following terms and conditions. This agreement is governed by the applicable federal, state, and local laws regarding credit card transactions and financial services.
a) Authorization for Charges: By providing your credit card information, you authorize FlashCat to charge your credit card for agreed-upon expenses related to our services, including but not limited to advertising costs, software subscriptions, and other marketing-related expenses. You understand and agree that these charges will be billed to your credit card as they are incurred. b) Expense Management: FlashCat will manage and oversee the expenses incurred on behalf of your business. This includes, but is not limited to, purchasing advertising space, paying for third-party services, and covering other necessary expenses to optimize your marketing strategy. You agree to provide accurate and up-to-date credit card information to facilitate these transactions. c) Monthly Reconciliation: FlashCat will provide invoices as necessary or available. If any invoices are not received, please notify us, and we will obtain them within 14 business days. d) Limits on Spending: You may set a maximum spending limit for your credit card on a monthly basis. FlashCat agrees to adhere to this limit and will notify you if expenses are projected to exceed the specified limit. Any increase in the spending limit must be authorized in writing by you. We may go over or under the agreed-upon amounts by up to 15% to cover additional services as needed. e) Responsibility to Update Budget: It is your responsibility to update us in writing regarding any changes to your budget. If we have a phone conversation about updating your budget, we may apply the updated budget, but we will not be held responsible if you do not also send us the notice in writing. f) Fraud and Security: FlashCat takes the security of your credit card information seriously. We use secure and encrypted methods to process transactions. However, you acknowledge that there are inherent risks in providing credit card information online, and FlashCat is not responsible for any unauthorized transactions or security breaches that occur beyond our control. g) Cancellation and Refunds: If you choose to cancel the services provided by FlashCat, you must notify us in writing. Any outstanding expenses incurred up to the date of cancellation will be charged to your credit card. Refunds for services already rendered will be processed in accordance with our Refund Policy. h) Disputes and Chargebacks: In the event of a dispute regarding a charge, you agree to first contact FlashCat to resolve the issue before initiating a chargeback with your credit card company. FlashCat will make reasonable efforts to resolve any disputes in a timely and fair manner. i) Responsibility for Charges: You are responsible for all charges made to your credit card, including any fees or interest imposed by your credit card issuer. FlashCat is not responsible for any additional fees or charges that may be applied by your credit card company as a result of transactions made on your behalf. j) Changes to Credit Card Information: You agree to notify FlashCat immediately if your credit card information changes, including but not limited to changes in the card number, expiration date, billing address, or cardholder name. Failure to provide updated information may result in delays or interruptions in the services provided. k) Outstanding Balances: Any expenses billed on our card or that do not go through on your card are solely your responsibility. You are responsible for paying the amount due. In the event of a failed transaction, we reserve the right to seek repayment through other lawful means, which may include but are not limited to: charging a secondary card you have provided, invoicing you directly, or using third-party collection services. You agree to cover any additional costs incurred by us in the process of recovering these funds. l) Termination of Authorization: You may terminate the authorization for FlashCat to use your credit card at any time by providing written notice. Upon termination, any outstanding expenses will be charged to your credit card, and FlashCat will cease using your credit card for future transactions. m) Compliance with Laws: FlashCat will comply with all applicable laws and regulations regarding credit card transactions and financial services. By providing your credit card information, you agree to abide by these laws and regulations as well.
By providing your credit card information, you acknowledge that you understand and agree to the terms outlined above. If you have any questions or need further assistance, please contact us
MISSED APPOINTMENTS AND CANCELLATIONS
a) If you no-show for an appointment or meeting, you will not be able to rebook for that week or month; the session will be considered missed. b) If you miss an appointment or meeting, we will continue to perform digital marketing efforts if applicable. c) Consulting sessions can only be rescheduled if canceled and rescheduled within 48 hours. d) If you want to reschedule a missed appointment and you did not communicate the cancellation, you will be billed accordingly. e) Under some circumstances, we may attempt to accommodate rescheduling, but we are not obligated to do so. Missed appointments will be recorded in your user profile for our record keeping. f) Please be sure not to miss appointments. We understand special circumstances may arise, and we encourage you to communicate with us as soon as possible in such cases. Group) After two cancellations, even with 48-hour notice, the third cancellation will be considered a miss and subject to the terms outlined above.
SERVICE FLEXIBILITY
a) The specific services provided each month may vary based on our assessment of your business needs. b) Our goal is to deliver the best results quickly, and we will prioritize services accordingly. c) You may not receive some services every month; the services provided are at our discretion based on your business’s unique needs. d) We will use our professional judgment to determine the most effective allocation of resources and services to achieve your desired outcomes. e) You agree to allow us full authority on how your budget is used. We will do our best to meet monthly hourly quotas. f) We may hire freelancers, subcontractors, or other service providers for various tasks, and they will be paid varying amounts based on the task and their expertise. g) If we feel we need to hire a specialized freelancer or subcontractor that is at a higher cost, you could be subject to fewer hours in your plan for an extended period or for one month. You understand and agree that allotted hours are not concrete and there is some flexibility both above and below.
ADDITIONAL MEETINGS OR CONSULTS
a) If you request additional meetings that are not included in your plan, you will be billed for that time either from your done-for-you plan’s allotted hours or billed additionally if you have no hours available for that month, or you will be asked to subscribe to a larger plan.
LEGAL DOCUMENTATION AND LIABILITY
By engaging FlashCat, a DBA of Bad Media LLC, to assist in the creation of any legal documentation or contracts, including but not limited to terms of service, contracts, privacy policies, or any other legal documents, you acknowledge and agree to the following:
a) No Legal Advice: FlashCat is not a law firm and does not provide legal advice. Any legal documentation or contracts created by FlashCat are for informational and drafting purposes only. You are solely responsible for seeking independent legal advice from a licensed attorney to review, approve, and ensure the legality and compliance of any documents we help you create. b) Review by Legal Counsel: It is your responsibility to have any legal documentation or contracts reviewed by your attorney before use. FlashCat assumes no liability for the legality, enforceability, or compliance of any documentation created on your behalf. c) No Liability: FlashCat shall not be held liable for any errors, omissions, or legal consequences resulting from the use of any documentation we assist in creating. This includes, but is not limited to, terms of service, contracts, privacy policies, and any other legal documents. d) Indemnification: You agree to indemnify, defend, and hold harmless FlashCat and its affiliates, officers, agents, and employees from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of any legal documentation or contracts created by FlashCat. e) Assumption of Risk: By using our services for the creation of legal documentation, you assume all risks associated with the use of such documents. FlashCat does not guarantee any legal outcomes and is not responsible for any legal disputes or issues that may arise from the use of the documents. f) AI Assistance: FlashCat may utilize AI and other automated tools to assist in the creation of legal documentation. While these tools can enhance the efficiency and scope of our services, they are not a substitute for professional legal advice and review. g) Additional Contracts: When enrolling, you may be required to sign additional contracts before we begin digital marketing services. These contracts are necessary to outline the specific terms, responsibilities, and expectations of both parties.
These terms are part of our overall service agreement and are governed by the laws of the State of Arizona. If you have any questions or require further clarification, please consult with your legal advisor.
SMS AND AUTODIALER MARKETING
By providing your phone number and email address at checkout and opting in on our website, Facebook, or any third-party app, you agree to receive marketing SMS messages, emails, and phone calls from FlashCat, a DBA of Bad Media LLC. This agreement is governed by the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, et seq., and any related regulations.
a) By entering your phone number and email address at checkout and opting in, you consent to receive automated marketing SMS messages, emails, and phone calls from us about our products, services, promotions, and other updates. These messages and calls may be sent via an automatic telephone dialing system, AI-driven automation, or other technology, as permitted by the TCPA. b) Message, email, and call frequency will vary and may include, but is not limited to, messages, emails, and calls related to your order, promotional offers, updates, and other relevant marketing communications. You may opt out of receiving marketing SMS messages, emails, and phone calls at any time by replying STOP to any message you receive from us, following the opt-out instructions provided during the call, or clicking the unsubscribe link in any email. After opting out, you may receive one final message, email, or call confirming your opt-out. No further messages, emails, or calls will be sent after this confirmation unless you opt back in. c) Message and data rates, as well as phone call charges, may apply. Charges for text messages, emails, and phone calls will be billed by your mobile phone provider and will be deducted from your prepaid balance or added to your monthly phone bill. FlashCat is not responsible for any messaging, data, email, or call charges incurred by your mobile service provider. d) The frequency of SMS messages, emails, and phone calls will vary based on user interaction and marketing campaigns. We reserve the right to change the frequency of messages, emails, and calls sent at any time to enhance user experience or improve our marketing strategy. We do not guarantee the successful delivery of SMS messages, emails, or phone calls and are not responsible for any delays or failures in the receipt of any SMS messages, emails, or phone calls. Delivery is subject to effective transmission from your network operator and is outside of our control. e) You are responsible for providing accurate phone numbers and email addresses. You agree to notify us immediately if you change your phone number or email address or plan to transfer them. If you fail to notify us, you agree to indemnify, defend, and hold us harmless from any claims or liabilities resulting from your failure to notify us of a change in your information, including any claim or liability under the TCPA or similar state and federal laws. f) We respect your privacy and will only use your information as described in our Privacy Policy. For more information on how we collect, use, and protect your personal information, please review our Privacy Policy. You may opt out of receiving marketing SMS messages, emails, and phone calls at any time by replying STOP to any message you receive from us, following the opt-out instructions provided during the call, or clicking the unsubscribe link in any email. After opting out, you may receive one final message, email, or call confirming your opt-out. No further messages, emails, or calls will be sent after this confirmation unless you opt back in. g) By opting in to receive SMS marketing messages, emails, and phone calls, you acknowledge and agree to the terms outlined in this section and our compliance with the TCPA. You also agree to comply with any applicable federal, state, and local laws regarding SMS messaging, emails, and phone calls. h) Our SMS messaging, email, and phone call services may utilize AI and automation technologies to personalize and optimize the messages, emails, and calls you receive. These technologies help us to better tailor our communications to your preferences and improve your overall experience. i) If you have any questions or need further assistance, please contact us at flashcatdigital@gmail.com.
By opting in, you acknowledge that you understand and agree to the terms outlined above.
DISCLAIMER OF WARRANTIES
a) You understand that we cannot and do not guarantee or warrant that the Services 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 Services for any reconstruction of any lost data. b) TO THE FULLEST EXTENT PROVIDED BY LAW, FLASHCAT 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 SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES. c) YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY ITEMS PURCHASED OR OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER FLASHCAT NOR ANY PERSON ASSOCIATED WITH FLASHCAT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. d) WITHOUT LIMITING THE FOREGOING, NEITHER FLASHCAT NOR ANYONE ASSOCIATED WITH FLASHCAT REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, 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 SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR THAT DEFECT IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE SERVICES, ITEMS OBTAINED OR PURCHASED THROUGH THE SERVICES AND ITS CONTENT. e) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
a) TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL FLASHCAT, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND SUPPLIERS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF: (I) THE AMOUNT YOU HAVE ACTUALLY PAID TO FLASHCAT FOR THE APPLICABLE SERVICE OR PRODUCT PURCHASED IN THE LAST SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS FIRST GIVING RISE TO A CLAIM, OR (II) TEN DOLLARS ($10). b) THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). c) IN NO EVENT SHALL FLASHCAT, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. d) ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
NO CLASS ACTIONS
You agree that you will only be permitted to bring claims against FlashCat on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding and hereby waive such right to initiate a class action and/or collective action procedures. Unless mutually agreed otherwise, the dispute resolution decider (e.g., judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Subscribers.
TRANSFER OF DATA
a) In the event that FlashCat sells or transfers substantially all of its assets to another entity, you agree that your data and information collected through the Program may be transferred to the acquiring entity. FlashCat will make reasonable efforts to notify you of such a transfer and provide you with the opportunity to opt-out of the Program if you wish to do so. The acquiring entity will assume the rights and obligations regarding your data as outlined in this Agreement. b) We may share data with third parties or other companies we are affiliated with.
INDEMNITY AND WAIVER
a) By agreeing to these Terms of Service, users hereby waive and release all past and present owners of the assets from any claims, liabilities, demands, actions, causes of action, costs, and expenses (including legal fees) arising out of or in connection with the use of the Program and any related services. This waiver extends to any actions, omissions, or obligations related to the assets, whether occurring before or after the transfer of ownership to FlashCat. b) Users acknowledge and agree that FlashCat, as the new owner, assumes responsibility solely for the acquired assets, and no claims, disputes, or liabilities related to the actions or omissions of the Program’s previous owners shall be attributed to FlashCat. Users further agree to indemnify and hold harmless all past and present owners of the assets from any claims or liabilities arising from the use of the Program. c) This waiver and indemnification are intended to provide full and final resolution of any claims or disputes related to the Program’s previous ownership, ensuring that FlashCat and all past and present owners of the assets are held harmless and indemnified by users. d) You hereby agree to indemnify, defend, and hold harmless FlashCat, its subsidiaries, affiliates, and licensors, as well as each of their officers, directors, agents, employees, and assignees (collectively referred to as “Indemnified Parties”) from any and all claims, liabilities, expenses, judgments, awards, losses, and damages, including reasonable attorneys’ fees and costs, made by any third party arising out of or in connection with:
- Your violation of these Terms of Use or your use of the Service, including, but not limited to, any use of the Service’s Content, services, and products other than as expressly authorized in these Terms of Use;
- Your use of any information obtained from the Services; and
- Any dispute or issue between you and any third party. e) YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
DISPUTE RESOLUTION
a) In the event that there is a dispute, claim, or controversy between you and us, or between you and any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms of Use, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Phoenix, Arizona before one arbitrator. b) The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which FlashCat’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
INTELLECTUAL PROPERTY RIGHTS
a) The Services and their entire contents, features, and functionality (including but not limited to all information, online lectures, speeches, video lessons, presentation materials, programs, software, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files and the design, selection, and arrangement thereof (collectively, the “Content”) are owned by FlashCat, 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. b) These Terms of Use permit you to use the Services solely as set forth herein. You must not: (i) reproduce, distribute, translate, adapt, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, or otherwise access the source code of the Services; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text outside the permitted use for your engagement with the Services; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services; (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Service, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or (v) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services. c) You must not access or use for any commercial purposes any part of the Services or any other services or materials available through the Services. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms of Use, your right to use the Services will stop 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 Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by FlashCat. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. d) Our name, the FlashCat logo, and all related names, logos, product and service names, designs, and slogans (“Marks”) are trademarks of FlashCat or our affiliates or licensors. You must not use such Marks without the prior written permission of FlashCat. All other names, logos, product and service names, designs, and slogans displayed on the Services are the trademarks of their respective owners. e) FlashCat and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks. From time to time, FlashCat may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to these Terms of Use, including without limitation, the Disclaimer of Warranties and Limitation of Liabilities sections below. If you send or transmit any communications or materials to FlashCat by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback without any other action or limitation between the parties governing such Feedback.
SUBSCRIPTION TERMS
a) Your subscription will be billed automatically until canceled. No refunds will be provided once a payment is processed. Access to services will be paused until payment is made and brought current. You may cancel your subscription at any time; however, cancellations will not result in a refund for any portion of the billing period. If you cancel your subscription before the end of the current billing month, we will continue to work on your account until the end of that month. FlashCat is not liable for any interruption of services or failure to perform work if removed from systems or due to circumstances beyond our control. b) You MAY NOT COPY any course materials, service content, or digital marketing tools, as they are protected by copyright. This content is our intellectual property. Unauthorized use, reproduction, or distribution of any materials is strictly prohibited and will be subject to legal action. c) Your subscription grants you personal, non-transferable, non-exclusive access to the course materials, digital marketing services, consulting programs, and related offerings. You agree not to share your login credentials or grant access to any third party. Any misuse of course content or services, including but not limited to sharing, reproducing, or distributing materials without authorization, will result in immediate termination of access and possible legal action. d) Specific terms may apply to certain services offered under your subscription. These terms will be provided to you at the time of service and are incorporated into this agreement by reference. e) FlashCat reserves the right to modify these subscription terms at any time. Any changes will be effective immediately upon posting on the website. Continued use of the subscription service after such modifications constitutes your acceptance of the new terms. f) FlashCat reserves the right to terminate your subscription and access to the course materials, communities, digital marketing efforts, consulting programs, and related services at its sole discretion.
THIRD-PARTY LINKS
a) Certain content, products, and Services available via our Service may include materials from third parties. b) Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties. c) We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
a) If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. c) You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
USE OF DATA FOR CLIENT SUCESS PROOF
a) By engaging our services, you grant FlashCat the right to use your business name, logo, and data related to the success of your campaigns or services as testimonials or client success proof. While we will not disclose exact financial figures without your permission, we may highlight percentage increases in business, growth, leads, conversions or other metrics. Additionally, if you visit our website and we provide marketing advice or consultation, we may reference having consulted with your business and use your logo in our media and marketing. b) Any specific financial data used for testimonials or success proof will remain anonymous unless you grant explicit permission. We will not disclose specific financial details that could reveal sensitive information about your business without prior consent. c) If we post any testimonial, logo, or content about your business without explicit permission and you would like it removed, please reach out to us at purrr@flashcat.io, and we will take prompt action to remove the content.
ADVERTISING MANAGEMENT FEES
a) The paid advertising campaigns managed by FlashCat include, but are not limited to, platforms such as Google Ads, Facebook Ads, TikTok, Programmatic TV Channels, printing, radio, and billboards. FlashCat’s management fee of 12% applies to ad spend exceeding $4,000 per month across these platforms. If the total ad spend is below $4,000, no management fee will be applied. b) FlashCat will manage campaigns involving paid influencer marketing, email software, lists, and guest post placements. A 12% management fee applies to any of these services when total spend exceeds $1,500 per month. Below that threshold, these services are not subject to the management fee. c) Freelancers or outsourced hourly work, as well as any software beyond email marketing tools (e.g., CRM systems, analytics software, design tools, etc.), are not included in FlashCat’s 12% management fee. d) Additionally, FlashCat’s management services do not cover paid subscriptions or licenses for tools that are used for general operations outside of advertising campaigns, including but not limited to lead generation platforms, project management tools, or web hosting services. e) The 12% management fee will be invoiced monthly based on the total advertising spend for that month. FlashCat reserves the right to auto-bill this fee at the end of each billing cycle unless an alternative payment arrangement has been made in writing. f) Failure to pay the advertising management fees on time may result in suspension of services. Additionally, a late fee of 7% annually will be applied to any overdue payments, as specified in FlashCat’s payment terms.
ERRORS, INACCURACIES, AND OMISSIONS
a) Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). b) We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
MARKETING LANGUAGE AND FDA COMPLIANCE
a) Responsibility for Compliance: If you are operating within a regulated industry, including but not limited to the pharmaceutical, medical device, or healthcare sectors, it is your responsibility to ensure that all marketing content created or distributed by FlashCat adheres to the guidelines set forth by the U.S. Food and Drug Administration (FDA) and any other relevant regulatory bodies. While FlashCat will make every effort to produce compliant content, the ultimate responsibility for ensuring adherence to all applicable laws and regulations lies with you. b) Review and Verification: You are responsible for reviewing and verifying that all marketing materials, including but not limited to advertisements, social media posts, website content, and promotional materials, comply with FDA regulations and any other applicable legal standards. This includes, but is not limited to, ensuring that claims made in the content are substantiated, accurate, and not misleading, and that any required disclaimers or warnings are included. c) Indemnity and Liability: You agree to hold FlashCat harmless for any violations, penalties, or legal actions arising from non-compliance with FDA regulations or other applicable laws. By using our services, you acknowledge that it is your responsibility to ensure that all content meets regulatory standards. FlashCat is not liable for any compliance issues that result from your failure to review, approve, or adjust the content according to regulatory requirements.
HIPPAA COMPLIANCE
a) Responsibility for Compliance: If you are a medical company or handle protected health information (PHI), it is your responsibility to ensure that all work provided by FlashCat complies with the Health Insurance Portability and Accountability Act (HIPAA) and any other applicable privacy regulations. While we strive to adhere to all relevant standards and implement best practices, it is your responsibility to review and verify that all services, software, and systems meet your specific compliance requirements. b) Business Associate Agreement (BAA): If you are a covered entity under HIPAA, you will be required to sign a Business Associate Agreement (BAA) with FlashCat. This agreement outlines our responsibilities regarding the handling of PHI. Please note that there may be a fee associated with executing this agreement, depending on the scope of the services provided. c) Software Upgrades and Compliance: HIPAA compliance often requires periodic software upgrades and adjustments to maintain the security and privacy of PHI. If FlashCat provides services or builds on platforms that require such upgrades, it is your responsibility to subscribe to the proper software plan and upgrade to the necessary tier to maintain compliance. FlashCat is not liable for any compliance failures due to your failure to upgrade or manage these requirements. d) Indemnity and Liability: You agree to hold FlashCat harmless for any HIPAA violations or breaches that arise from your failure to manage compliance, including but not limited to software updates, policy changes, and internal reviews. It is your responsibility to regularly review and audit our work and ensure that it aligns with your compliance obligations. By engaging our services, you acknowledge that compliance with HIPAA and other applicable regulations is ultimately your responsibility.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: a) for any unlawful purpose; b) to solicit others to perform or participate in any unlawful acts; c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; f) to submit false or misleading information; g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; h) to collect or track the personal information of others; i) to spam, phish, pharm, pretext, spider, crawl, or scrape; j) for any obscene or immoral purpose; or k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a) We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. b) We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. c) You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. d) You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. e) In no case shall FlashCat, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless FlashCat and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SEVERABILITY
a) Basic Severability: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. b) Advanced Severability: If any provision of these Terms of Service is determined to be invalid or unenforceable in whole or in part for any reason, the remaining provisions shall be unaffected and shall remain in full force and effect to the fullest extent permitted by applicable law. Moreover, any such invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely achieves the intent and economic effect of the invalid or unenforceable provision.
TERMINATION
a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. b) These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. c) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
a) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. b) These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). c) Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of Arizona. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services provided by FlashCat shall be instituted exclusively in the federal or state courts located in Phoenix, Arizona.
CHANGES TO TERMS OF SERVICE
a) You can review the most current version of the Terms of Service at any time at this page. b) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at admin@flashcat.com. Our contact information is posted below:
FlashCat flashcatdigital@gmail.com
YOUR ACCEPTANCE OF THESE TERMS OF USE
Please read these Terms of Use carefully before you start to use the Services. By using our Services, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, and any additional terms and conditions that are referenced herein.