Terms of Service

TERMS OF SERVICE

Last Updated: May 27, 2025

Welcome to FlexPak Inc. These Terms of Service ("Terms") govern your access to and use of the FlexPak Inc.website (FlexPakUS.com) and any related services, products, features, content, applications, or communications offered by FlexPak Inc. (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all these Terms, do not use our Services.

1. Acceptance of Terms

By accessing or using the Services, you signify your agreement to these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Changes to Terms

FlexPak Inc. reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website and/or sending you an email or other notification. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

3. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and disclose your personal information. Please review our Privacy Policy at [Insert Link to Your Privacy Policy Here].

4. SMS Terms of Service (A2P Compliant)

By opting into SMS notifications from FlexPak Inc. (FlexPakUS.com), you agree to these SMS Terms of Service and to receive recurring text messages from us. These messages may include, but are not limited to, appointment confirmations, reminders, product updates, service alerts, promotional offers, and other account-related communications. You understand that consent is not a condition of any purchase.

Opt-Out Instructions:
You can cancel the SMS service at any time. Simply text "STOP" to unsubscribe from SMS messages.

After you send "STOP," You will no longer receive text messages from us unless you re-enroll.

Rejoining Instructions:
To start receiving messages again, you can rejoin the program by signing up through our website, or by texting "UNSTOP" or "START" to receive SMS messaging.

Upon re-enrollment, we will resume sending SMS messages to your mobile number.

Help Instructions:

If you experience issues or need support, reply with the keyword "HELP" for assistance. You may also contact us directly at:

[email protected]

Message Frequency:
Message frequency will vary depending on your interactions with FlexPak Inc. and the types of notifications you've opted into. Main usage of SMS messaging is for appointment confirmations, reminders, cancelations and re-scheduling; account and product status.

Message and Data Rates:
Message and data rates may apply. For questions about your text or data plan, please contact your mobile carrier.

Supported Carriers:
The FlexPak Inc. SMS program is supported by all major wireless carriers, including but not limited to: AT&T, T-Mobile, Verizon, Sprint, US Cellular, etc. * Please note that some smaller regional carriers may not be supported.

Carrier Liability Disclaimer:
Wireless carriers are not liable for delayed or undelivered messages.

Compliance with Industry Standards and Legal Requirements:
By subscribing, you affirm that you are the authorized user of the mobile number entered and that you are 18 years of age or older (or the age of majority in your jurisdiction). You consent to receive SMS communications from FlexPak Inc. in compliance with the Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, and all other applicable federal, state, and local laws and regulations. We reserve the right to change the phone number from which messages are sent and we will notify you of any such change.

5. User Accounts

To access certain features of the Services, you may be required to register for an account. When you register, you agree to: a. Provide accurate, current, and complete information. b. Maintain and promptly update your account information to keep it accurate, current, and complete. c. Maintain the security of your password and accept all risks of unauthorized access to your account. d. Immediately notify FlexPak Inc. if you discover or otherwise suspect any security breaches related to the Services or your account.

6. User Conduct and Restrictions

You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms, or for any other purpose not reasonably intended by FlexPak Inc.. Prohibited conduct includes, but is not limited to:
a. Violating any applicable local, state, national, or international law or regulation.
b. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. c. Interfering with or disrupting the Services or servers or networks connected to the Services.
d. Transmitting any unauthorized or unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
e. Attempting to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.

7. Intellectual Property

All content, features, and functionality on the Services, including but not limited to

text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, and the compilation thereof (the

"Content"), is the exclusive property of FlexPak Inc., its licensors, or its content providers and is protected by United States and international copyright laws.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. FlexPak Inc. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

IN NO EVENT SHALL FlexPak Inc., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10. Indemnification

You agree to defend, indemnify, and hold harmless FlexPak Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of

a) your use and access of the Services, including any data or content transmitted or received by you; b) your breach of these Terms;

c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;

d) your violation of any applicable law, rule, or regulation;

e) any content submitted through your account; or

f) any other party's access and use of the Services with your unique username, password, or other appropriate security code.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of Oklahoma, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Oklahoma, and the parties hereby consent to the personal jurisdiction and venue therein.

12. Dispute Resolution

Any dispute or claim relating to your use of the Services, including the FlexPak Inc. SMS program, will be resolved through binding arbitration, rather than in court. This agreement is governed by the Federal Arbitration Act. 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.

For more information on arbitration procedures, you may refer to the American Arbitration Association (AAA) rules at www.adr.org.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FlexPak Inc.'s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by FlexPak Inc. on the Services, constitute the entire agreement between you and FlexPak LLC concerning the Services.

16. Contact Us

If you have any questions about these Terms, please contact us at:
FlexPak Inc.
Duncan, Oklahoma USA
Email: [email protected]

Website: www.FlexPakUS.com

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