All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Converza Inc, Fluenz Inc, their partners, subsidiaries, and content suppliers. All this content is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Converza Inc and Fluenz Inc and their partners and is protected by U.S. and international copyright laws. All software used on this site is the property of Fluenz or its software suppliers and protected by United States and international copyright laws.
Fluenz and Find What Feels Good are registered trademarks.
LICENSE AND SITE ACCESS
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Converza and/or Fluenz . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fluenz and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Fluenz’s name or trademarks without the express written consent of Fluenz. Any unauthorized use terminates the permission or license granted by Fluenz. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Fluenz.com so long as the link does not portray Fluenz and its site, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Fluenz creates products for people ages 13 and older, but it only sells them to adults, who can purchase them with a credit card.
Fluenz and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fluenz reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Fluenz and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fluenz and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fluenz or its affiliates for all claims resulting from content you supply. Fluenz has the right but not the obligation to monitor and edit or remove any activity or content. Fluenz takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Converza and/or Fluenz and their partners, subsidiaries and affiliates are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Converza, Fluenz and their affiliates attempt to be as accurate as possible. However, Fluenz does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Fluenz itself is not as described, your sole remedy is to return it under our Returns + Exchanges rules.
Converza and/or Fluenz cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping, or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Converza and Fluenz on an “as is” and “as available” basis. Fluenz makes no representations or warranties of any kind, express or implied, as to the operations or warranties of any kind, expressed or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Converza and Fluenz disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Fluenz does not warrant that this site, its servers, or email sent from Fluenz are free of viruses or other harmful components. Converza and/or Fluenz will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these always apply to, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Any dispute relating in any way to your visit to Fluenz.com or to products you purchase through Fluenz.com shall be submitted to confidential arbitration in Miami, Florida, except that, to the extent you have in any manner violated or threatened to violate Fluenz’s intellectual property rights, Fluenz may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.