Terms of Service

PLEASE READ CAREFULLY

Be sure to read the Terms of Service as amended or otherwise modified and in effect from time to time below, as they cover the terms and conditions that apply to your use of this website. Flagship Fitness Inc. may change the Terms of Service from time to time. By continuing to use the website following such changes, you agree to be bound by the modified Terms of Service. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE PROVISIONS OF THE TERMS OF SERVICE , OR IF YOU ARE NOT ELIGIBLE, YOU ARE NOT AUTHORIZED TO ACCESS THE website OR USE THE SERVICES.

Use of the website and the services is subject to the Privacy Policy. The terms of the Privacy Policy are incorporated into the Terms of Service by this reference.

General Terms and Conditions

You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.

By using the Flagship Fitness website, including any software and content contained therein, you agree that use of the website is entirely at your own risk. The website is provided “as is,” without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the website. Specifically, Flagship Fitness disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Neither Flagship Fitness nor any of its employees, agents, successors, assigns, affiliates, website co-branding providers or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of Flagship Fitness, its employees, agents, successors, assigns, affiliates, website co-branding providers and content or service providers respective liability is limited to the greatest extent permitted by such state law.

Flagship Fitness is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on this website, and is the copyright owner or licensee of the content and/or information on this website including but not limited to any screens appearing at the website. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this website for your personal use or records. If you make other use of this website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Flagship Fitness does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this website.

Flagship Fitness reserves the right to change any information on this website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this website might take you to other websites for which Flagship Fitness assumes no responsibility of any kind for the content, availability or otherwise. (See “Links from and to this Website“ below.) The content presented at this website may vary depending upon your browser limitations.

Services

Among other services, this website presents information regarding potential investments and allows you the opportunity to consider an investment opportunity in which you might like to participate. However, such presentation does not mean that you will be permitted to participate in a transaction. The decisions to permit your participation are subject to, among other things, demonstration to Netcapital’s satisfaction that you meet legal requirements for participation, consent of relevant third parties, execution of definitive documentation, and our discretion. We make no representation or warranty that the potential transaction you identify will take place, or that if it takes place that you will be allowed to participate. If you are offered the opportunity to participate in a transaction, you may be required to sign additional documentation. You agree to use your best efforts to cooperate and furnish timely, complete and accurate information to Flagship Fitness and Netcapital as requested from time to time to facilitate your participation in investments and Flagship Fitness and Netcapital reserve the right, in their discretion, to bar, terminate, exclude or withdraw your ability to make any investment at any time for any reason. Flagship Fitness management decisions are final in all matters relating to the website, services and other activities related to the website.

Flagship Fitness may use, publicly display, and publicize your name and likeness for advertising, promotion, and other commercial business purposes, without any additional consideration or compensation. Flagship Fitness may also describe your role in relation to our business.

User Conduct On the Website

While using the website, you may not:

  • restrict or inhibit any other user from using and enjoying the website; or
  • post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
  • post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; or
  • post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
  • post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the website for commercial purposes; or
  • upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the website which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rights holder;
  • upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derivative works with respect thereto, as the website is copyrighted as a collective work under U.S. copyright laws.
  • violate any applicable law, regulation, or contract;
  • collect or resell data containing other Users’ profile or personal information or any other information on the website;
  • misrepresent yourself in any way;
  • make any false, misleading, or inaccurate statements or omit any information necessary for any statement not to be false, misleading or inaccurate;
  • take any action that imposes or may impose (as determined by Flagship Fitness in its sole discretion) an unreasonable or disproportionately large load on Flagship Fitness’s or its third-party providers’ infrastructure;
  • commit any actions considered to be unethical;
  • use Flagship Fitness’ communication channels to solicit members to quit using the website;
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website; or
  • impersonate any person or entity, including any employee or representative of Flagship Fitness.

 

Legality

Use of the website in violation of applicable laws and regulations is expressly prohibited. You are responsible for verifying that your use of the website and consummation of transactions by this website are permitted in your jurisdiction and comply with all applicable laws, regulations, orders and court decisions. If you have any questions regarding legality in your jurisdiction, please consult your own legal counsel. When you access, register for or use the website, you do so at your own risk, and you are solely responsible for complying with all applicable rules and regulations in connection with activities relating to the website.

Other than defined by law and regulatory authorities, including the Financial Industry Regulatory Authority, Inc. (“FINRA”) and the Securities and Exchange Commission, Flagship Fitness has no obligation to monitor the website. However, you acknowledge and agree that Flagship Fitness has the right to monitor the website electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, to operate the website, or to protect itself or its customers.

Flagship Fitness reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this website, including data, questions, comments or suggestions (“your Communications”) will be treated as non-confidential and nonproprietary. In addition, you acknowledge that your Communications will be made available to regulatory authorities upon request.

Electronic Content

Flagship Fitness provides the content of the website for informational, educational and noncommercial purposes only. Although Flagship Fitness may provide data, information and content relating to investments and opportunities to buy or sell securities, you should not construe any such information as investment, financial, tax, accounting, legal or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information or content on the website before making any decisions based on such data, information or content. In exchange for using such data, information or content, you agree not to hold Flagship Fitness or its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the website.

Electronic Recording

In connection with your use of this website, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and Flagship Fitness or its representatives or agents. You acknowledge and consent to the recording, retention and use by Flagship Fitness (and its employees, representatives and agents) of all information and data that you input during your use of the Website or during any communication.

Electronic Communications and Consent

The website may provide you Flagship Fitness e-mail addresses so that you may communicate electronically by sending an e-mail message to Flagship Fitness or others. All e-mail sent to and from Flagship Fitness may be received or otherwise recorded by the Flagship Fitness corporate systems and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the website may involve the electronic transmission to any e-mail address you provided to us of information that you may consider to be personal financial information, and you agree and consent to such transmission of such information, including your consent to the electronic delivery of materials in accordance with Rule 302(a) under the U.S. Securities and Exchange Commission’s Regulation Crowdfunding. You agree not to use e-mail to transmit any confidential personal information.

You agree to provide Flagship Fitness with a valid e-mail address which you can access to receive official communications from Flagship Fitness. If you can no longer receive messages at that address for any reason, you agree to provide Flagship Fitness with an updated email address with seven days.

Protecting Intellectual Property; Digital Millennium Copyright Act.

Flagship Fitness specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the website any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Flagship Fitness may terminate, under appropriate circumstances, the account of users who are determined to be repeat infringers. 

Failure to Comply With Terms and Conditions and Termination

You acknowledge and agree that Flagship Fitness may in its sole discretion deny you access through Flagship Fitness to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through Flagship Fitness, and Flagship Fitness shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

You agree to defend, indemnify and hold Flagship Fitness and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the website or the placement or transmission of any message, information, software or other materials through the website by you or users of your account or related to any violation of these Terms of Service by you or users of your account.

Links from and to this Website

You acknowledge and agree that Flagship Fitness and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by Flagship Fitness or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Information in the many web pages that are linked to Flagship Fitness’ website comes from a variety of sources. Some of this information comes from official Flagship Fitness licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Flagship Financial. Flagship Financial does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Flagship Fitness and its website co-branding providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

Content

Opinions, advice, statements, offers or other information or content made available through the website are those of their respective authors and not of Flagship Fitness, and should not necessarily be relied on. Such authors are solely responsible for the accuracy of such content. Flagship Fitness does not guarantee the accuracy, completeness, or usefulness of any information on the website and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will Flagship Fitness be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the website.

Other Information

Flagship Fitness may take reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

Indemnity

You will defend, indemnify and hold harmless Flagship Fitness, its officers, directors, employees, agents and third parties, for any losses, costs and expenses (including reasonable attorney’s fees) relating to or arising out of your use of the website, including but not limited to, any breach by you of the terms of this agreement, provided, however that this provision shall not apply to any losses, costs, liabilities and expenses relating to or arising out of Flagship Fitness’ failure to comply with all applicable securities laws and regulations in connection with its role as an intermediary.

Disclaimer and Limitation of Liability

In no event will Flagship Fitness be liable: (i) to you for any incidental, consequential, or indirect damages arising out of the use or inability to use the website, even if the website or its agents or representatives know or have been advised of the possibility of such damages, except for instances in which Flagship Fitness becomes aware of fraud and fails to take prompt and reasonable action to attempt to discontinue such fraud, or (ii) to any person other than you. In addition, the website disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or “hackers”) of the website.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, FLAGSHIP FITNESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FLAGSHIP FITNESS MAKES NO WARRANTY THAT:

  • THE WEBSITE WILL MEET YOUR REQUIREMENTS;
  • THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS or OTHER HARMFUL COMPONENTS;
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION or OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS;
  • ANY ERRORS ON THE WEBSITE WILL BE CORRECTED; AND
  • THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE WEBSITE ARE CORRECT, ACCURATE OR RELIABLE. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE 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 CONTENT.

 

YOU AGREE THAT FLAGSHIP FITNESS OR ANY THIRD PARTY ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THE WEBSITE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE OR OTHER OCCURRENCES BEYOND THE CONTROL OF FLAGSHIP FITNESS OR SUCH THIRD PARTIES.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM FLAGSHIP FITNESS, FROM A FLAGSHIP FITNESS EMPLOYEE OR AGENT OR THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. FLAGSHIP FITNESS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL or EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FLAGSHIP FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OF OR THE INABILITY TO USE THE WEBSITE;
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED or MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH or FROM THE WEBSITE;
  • ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS or DATA DUE TO YOUR CONDUCT, INACTION or NEGLIGENCE;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
  • ANY OTHER MATTER RELATING TO THE WEBSITE.

 

Miscellaneous

The Terms of Service and the relationship between you and Flagship Fitness shall be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions. You and Flagship Fitness agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Minnesota.

The failure of Flagship Fitness to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Last Modified on October 16, 2019

Questions about these Terms of Service can be directed to us at:

Flagship Fitness

13700 Valley View Road #259

Eden Prairie MN 55344