Bivens Arm Software Services, Inc. ("BASS") provides this website to you, subject to these terms and conditions of use ("Terms"). The Terms constitute a legal agreement between you and BASS and govern all use of this website, including all content, information, and services provided on the website. Access to and use of any other site, product or service, including those referenced herein or linked to from this site, are governed by the terms of the Subscriber Agreement or other agreement related to that service or site. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. We may update these Terms at any time, with or without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect. If you do not agree to these terms, please do not use this site. In these Terms, when we say the “FlowNotices Site,” we mean www.flownotices.com regardless of how you access the site, including access through any FlowNotices apps or a third party site. In these Terms, when we say "we" or "We," it means BASS.
You may access areas of the FlowNotices Site that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.
By registering on the FlowNotices Site, you agree that: (i) your account and password are personal to you and may not be used by anyone else to access the FlowNotices Site; (ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the FlowNotices Site; and (iii) you agree to notify us immediately if you become aware any unauthorized use of your password or account identifiers by others.
If you no longer wish to have a registered account, you may terminate your account by sending an email to userhelp@ flownotices.com. If you no longer accept these Terms, or any future modification to these Terms, you must cease using the FlowNotices service. Continued use of the FlowNotices service indicates your continued acceptance of these and revised Terms.
If, for any reason, we believe that you have not complied with these Terms, we may, at our sole discretion, cancel your access to the registration areas of FlowNotices Site immediately and without prior notice. We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.
Premium service is billed in advance on a yearly basis. Your access to the Service may be revoked for failure to pay any amount due within seven (7) calendar days of the due date; in these instances, access will not be restored until the overdue amount has been paid in full.
You can cancel your subscription at any time by contacting us using the information listed on www.flownotices.com.
BASS hereby grants you a revocable, non-exclusive, non-transferable license to access the FlowNotices website and apps using up to one mobile device for mobile apps and notifications and one additional device for browsing. Users may not share logins with anyone inside or outside of their organization. This liscense may be revoked at the discression of BASS at any time for violations of these Terms and Conditions.
By offering this website for use, BASS provides you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use of the information and services on this website, strictly subject to and in accordance with these Terms. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited license set forth in these Terms, BASS does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
By accessing, browsing, or using this website, you agree to the following restrictions:
To the extent permitted at law, we do not accept any responsibility for any statement in the FlowNotices Content. Nothing in the FlowNotices Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading, analyzing or listening to the FlowNotices Content or any part of it, including but not limited to loss of a capital due trading or scheduling decisions, loss of business or other opportunities. You can access other sites via links from the FlowNotices Site. These sites are not under our control and we are not responsible in any way for any of their content.
We give no warranties of any kind concerning the FlowNotices Site or the FlowNotices Content. Although we will do our best to provide constant, uninterrupted access to the FlowNotices Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
Users may receive notifications containing the FlowNotices Content. We accept no responsibility or liability for any interruption, delay, or failure of any notification related to the FlowNotices Content.
You will see advertising material submitted by third parties on the FlowNotices Site. Each individual advertiser is solely responsible for the content of its advertising material. FlowNotices shall have no responsibility or liability for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
If you want to advertise on the FlowNotices Site, please email the user help team at userhelp@flownotices.com, and they will pass your details on to our advertising sales team.
You may download certain FlowNotices apps (“Apps”) either from FlowNotices Sites or from third party app stores or shops. All of these Terms apply to the use of the Apps. In addition to the limitations on our liability set out herein, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.
To find out what personal data we collect and how we may use it, please visit our privacy policy at www.flownotices.com/privacy.
Please note that we may change these Terms from time to time at our sole discretion and we reserve the right to do without your consent. Any revised Terms will be applicable at the time of posting on the FlowNotices Site. Please ensure that you review these Terms regularly as you will be deemed to have accepted a revision if you continue to use the FlowNotices Site after it has been posted.
These Terms are governed by the laws of the State of Florida. You agree that the sole and exclusive jurisdiction for any suit arising out of any claim or dispute with FlowNotices or relating in any way to your use of the FlowNotices Site shall be in the courts of Alachua County, Florida, without regard to whether the suit is brought against BASS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers or content providers. You further agree and expressly consent to the exercise of personal jurisdiction over you in the courts of Alachua County, Florida, in connection with any such suit. You further agree that any cause of action or claim that you may have arising out of your use of the FlowNotices Site must be commenced within one year from the date of the act or omission giving rise to the claim or cause of action.
You agree to defend, indemnify, and hold harmless FlowNotices, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these Terms or privacy policy or arising out of a breach of your obligations, representation and warranties under these Terms.
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of FlowNotices.
Visitors to the FlowNotices Site agree that their use of the FlowNotices Site is at their own sole risk. The FlowNotices Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the FlowNotices Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. BASS also makes no representations and warranties as to any linked sites and BASS has no liability or responsibility with respect to your use of such sites. This disclaimer of liability applies to any damages or injuries caused by the FlowNotices Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the FlowNotices Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. BASS does not warrant or guarantee that access to the FlowNotices Site will be uninterrupted or error-free. We do not warrant that the data will be free from errors and omissions, or that that errors and omissions will be corrected. BASS will not be held liable for loss of capital from making a trade, not making a trade, any scheduling decisions, incurred storage or tranportation charges, OFO penalties, loss of business, or lost opportunities due to incorrect or incomplete information on the site or failure to deliver a notification or perform any other action related to the services provided. Flownotices should not be used to make trading and scheduling decisions.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL FLOWNOTICES OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE FLOWNOTICES SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE FLOWNOTICES SITE. THIS EXCLUSION OF LIABILITY APPLIES EVEN IF FLOWNOTICES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, FLOWNOTICES’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING FLOWNOTICES’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
Last Update: June 18, 2020.