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Please Read These Terms and Conditions Carefully Before Using This Site
Welcome to the Flux Power, Inc. Website (the “Site”). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site (“Terms of Use”) and our Privacy Policy. We may revise the Terms of Use of Use and Privacy Policy at any time without notice to you.
Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
Use of Website Information
You may download, view, copy, and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any information from this website in whole or in part without the express written authorization of Flux Power, Inc..
Use of Software
Any use of software and accompanying documentation you download or use from the Site is subject to a software license agreement between you and Flux Power, Inc.. If a software license agreement does not accompany the software and documentation that you download or use, then the Transaction Product Agreement will apply. By downloading, installing or using software and/or documentation from this Site, you indicate that you have read and agree to the terms of the agreement. All rights, title, and interest not expressly granted are reserved by Flux Power, Inc.
Use of Forums and Public Communication
“Forum” means a discussion group, chat area, bulletin board, news group, letter to Flux Power, Inc., its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish, or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, “junk mail,” “spam”, or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Flux Power, Inc. You agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing, or otherwise transmitting content to any Forum or submitting any content to Flux Power, Inc. You automatically grant (or warrant that the owner of such rights has expressly granted) Flux Power, Inc. A perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, and distribute such content on or in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. Flux Power, Inc. Does not want you to, and you should not, send any confidential or proprietary information to Flux Power, Inc. Via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Flux Power, Inc. Will not be considered confidential or proprietary. Flux Power, Inc. Shall be free to use any ideas, concepts, know-how or techniques contained in any content submitted by you to Flux Power, Inc. Or posted on any Forum for any purpose whatsoever, including but not limited to developing, manufacturing, marketing, and distributing products and/or services.
Third Party Website, Content, Products and Services
The Site may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates, and sponsors of the Site. You agree that Flux Power, Inc. Is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Flux Power, Inc. Is not responsible for third party content accessible through the Site, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Flux Power, Inc. Is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Flux Power, Inc. Is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Termination of Use
You agree that Flux Power, Inc. May, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Flux Power, Inc..
Changes
Flux Power, Inc. Reserves the right, at its sole discretion, to modify the Terms of Use of Use in whole or in part, at any time. Please check this page periodically for changes. Changes in the Terms of Use will be effective when notice of such change is posted. Your continued use of the Site after any changes to the Terms of Use are posted will mean you accept those changes. Flux Power, Inc. May terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Flux Power, Inc. May also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
Disclaimer
This site, the information, documents and materials on the site, including any software made available on the site, are provided “as is”. Any software made available on the site is warranted, if at all, only according to the applicable software license agreement. Except as warranted in the license agreement, Flux Power, Inc. Hereby disclaims all warranties, conditions, representations or guarantees of any kind with respect to the software, whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title, noninfringement or fitness for a particular purpose.
Limitation of Damage
To the maximum extent permitted by applicable law, in no event will Flux Power, Inc., or its distributors or suppliers, be liable to you or any other person for any general, direct, special, indirect, incidental, consequential, or cover damages, including, without limitation, loss of profits, loss of personal property (including data), costs of cover, or any other similar damages or loss, whether in an action of contract, negligence, tort, or otherwise, arising out of or in connection with the use or performance of the software or use of this site or any other hyperlinked website, even Flux Power, Inc. Has been advised of the possibility of such damages.
Copyright Complaints
We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible at our website in a way that constitutes copyright infringement, or that our website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512. Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows:
Flux Power, Inc.
Attn: Legal Department
2685 S. Melrose Drive,
Vista, CA 92081
Website Disclosure
Flux Power Social Media Disclosure Policy
In response to the SEC’s recent commentary on the use of social media for material corporate disclosure, Flux Power Holdings, Inc. Notified the investment community that in the future, it may choose to communicate material information via social media channels or, it is possible that information it discloses through social media channels may be deemed to be material.
Flux Power has identified its social media disclosure channels for material information as follows:
Flux Power will also use the landing page on its corporate website to host social media disclosures and/or links to/from such disclosures. Updates to Flux Power’s list of social media channels for material information disclosure will be posted above.
Flux Power, the Flux Power logo, Flux, Lift, and SkyBMS are either registered trademarks or trademarks of Flux Power in the United States and/or other countries. All other trademarks are the property of their respective owners.
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