1. Acceptance of Terms of Use
These terms of use are entered into by and between you and Flourish, Inc. ("Flourish,” “Company," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of www.flourishknox.org, including any content, functionality, and services offered on or through the Flourish website (“Website,” or "Site”).
Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [Insert Privacy Policy URL], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Purpose of This Website
The Flourish website exists to share information about our mission, programs, events, resources, donations, and community partnerships.
Flourish seeks to create spaces that cultivate healing, restore hope, and support whole-person flourishing through faith-centered practices, compassionate mental health care, and authentic community.
4. No Medical Advice
The information provided on this website is for educational, informational, spiritual formation, and community purposes only.
Use of this website does not create a therapist-client relationship, counselor-client relationship, pastoral counseling relationship, or professional care relationship with Flourish or any individual associated with Flourish.
This website is not monitored for emergencies. If you are in crisis or need immediate help, call 911, go to the nearest emergency room, or contact the 988 Suicide & Crisis Lifeline.
Flourish may offer workshops, intensives, story groups, educational gatherings, fundraising events, and other community experiences.
Unless specifically stated in writing, Flourish programs and events are not therapy, medical treatment, or crisis intervention. Some offerings may involve emotionally meaningful content, personal reflection, or group discussion. Participants are responsible for discerning whether an event is appropriate for their current emotional and mental health capacity.
Flourish reserves the right to decline or limit participation when necessary to protect the safety, purpose, or integrity of a program or event.
5. Ownership
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any of the material on our Website.
6. Trademarks
Flourish and our logos, our product or service names, our slogans and the look and feel of the Website are common law marks of Flourish, Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered or unregistered, product names and company names or logos mentioned on the Website are the property of their respective owners.
7. E-Mail Communications
If you sign up for our mailing list, register for an event, donate, or otherwise provide your e-mail address, we may send you Flourish-related communications. You may unsubscribe from marketing or newsletter emails at any time by using the unsubscribe link in the e-mail or contacting us directly. However, please note we may still send non-marketing e-mails related to donations, registrations, receipts, or administrative matters even after you have unsubscribed.
8. Prohibited Conduct
You may not use the Website for any purpose that is unlawful or prohibited by these Terms or that would violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Website.
Without limiting the generality of the foregoing, you understand and agree that you may not:
In any way that violates any applicable federal, state, local, or international law or regulation;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of the Website, except as expressly permitted by us or our licensors;
Modify the Website, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Website;
9. User Contributions
If you submit information, messages, stories, testimonials, prayer requests, comments, feedback, or other content ( collectively, “User Contributions”) through the Website, you are responsible for the content you provide, including its legality, reliability, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Flourish may use submitted information to respond to you, administer programs, improve communications, or fulfill the purpose for which the information was submitted. We will not publicly share personal stories, testimonials, or identifying information without permission.
10. Reliance on Information Posted
Flourish seeks to provide thoughtful, faithful, and high-quality resources and programs. However, we do not guarantee any specific emotional, spiritual, relational, clinical, or personal outcome from using this website or participating in Flourish offerings.
Therefore, the information presented on or through the Website is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
11. Event Details and Refunds
Event registration fees, refund deadlines, and cancellation policies may vary by event and will be stated in the event materials when applicable.
Flourish reserves the right to cancel, postpone, or modify events due to unforeseen circumstances. If an event is canceled, Flourish will communicate available options to registered participants.
12. Links from the Website
This Website may link to third-party websites, resources, donation platforms, event platforms, or partner organizations, and these links are provided for your convenience only. Flourish is not responsible for the content, terms, privacy practices, or security of third-party websites or services. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
13. Geographic Restrictions
The owner of the Website is based in the State of Tennessee in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
17. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in the City of Knoxville and County of Knox. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
19. Entire Agreement
The Terms of Use our Privacy Policy constitute the sole and entire agreement between you and Flourish regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
20. Comments and Concerns
This website is operated by Flourish, Inc. at PO Box 22184 Knoxville, TN 3793.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].
These terms of use are entered into by and between you and Flourish, Inc. ("Flourish,” “Company," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of www.flourishknox.org, including any content, functionality, and services offered on or through the Flourish website (“Website,” or "Site”).
Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [Insert Privacy Policy URL], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Purpose of This Website
The Flourish website exists to share information about our mission, programs, events, resources, donations, and community partnerships.
Flourish seeks to create spaces that cultivate healing, restore hope, and support whole-person flourishing through faith-centered practices, compassionate mental health care, and authentic community.
4. No Medical Advice
The information provided on this website is for educational, informational, spiritual formation, and community purposes only.
Use of this website does not create a therapist-client relationship, counselor-client relationship, pastoral counseling relationship, or professional care relationship with Flourish or any individual associated with Flourish.
This website is not monitored for emergencies. If you are in crisis or need immediate help, call 911, go to the nearest emergency room, or contact the 988 Suicide & Crisis Lifeline.
Flourish may offer workshops, intensives, story groups, educational gatherings, fundraising events, and other community experiences.
Unless specifically stated in writing, Flourish programs and events are not therapy, medical treatment, or crisis intervention. Some offerings may involve emotionally meaningful content, personal reflection, or group discussion. Participants are responsible for discerning whether an event is appropriate for their current emotional and mental health capacity.
Flourish reserves the right to decline or limit participation when necessary to protect the safety, purpose, or integrity of a program or event.
5. Ownership
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any of the material on our Website.
6. Trademarks
Flourish and our logos, our product or service names, our slogans and the look and feel of the Website are common law marks of Flourish, Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered or unregistered, product names and company names or logos mentioned on the Website are the property of their respective owners.
7. E-Mail Communications
If you sign up for our mailing list, register for an event, donate, or otherwise provide your e-mail address, we may send you Flourish-related communications. You may unsubscribe from marketing or newsletter emails at any time by using the unsubscribe link in the e-mail or contacting us directly. However, please note we may still send non-marketing e-mails related to donations, registrations, receipts, or administrative matters even after you have unsubscribed.
8. Prohibited Conduct
You may not use the Website for any purpose that is unlawful or prohibited by these Terms or that would violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Website.
Without limiting the generality of the foregoing, you understand and agree that you may not:
In any way that violates any applicable federal, state, local, or international law or regulation;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of the Website, except as expressly permitted by us or our licensors;
Modify the Website, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Website;
- Use the Website other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner;
- Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Website;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Website;
- Develop or use any applications that interact with the Website without our prior written consent;
- Frame the content of the Website on any other website or use metatags or any other “hidden text” that incorporates our trademarks, or words confusingly similar to our trademarks, without our prior written consent; or
- Use the Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
9. User Contributions
If you submit information, messages, stories, testimonials, prayer requests, comments, feedback, or other content ( collectively, “User Contributions”) through the Website, you are responsible for the content you provide, including its legality, reliability, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Flourish may use submitted information to respond to you, administer programs, improve communications, or fulfill the purpose for which the information was submitted. We will not publicly share personal stories, testimonials, or identifying information without permission.
10. Reliance on Information Posted
Flourish seeks to provide thoughtful, faithful, and high-quality resources and programs. However, we do not guarantee any specific emotional, spiritual, relational, clinical, or personal outcome from using this website or participating in Flourish offerings.
Therefore, the information presented on or through the Website is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
11. Event Details and Refunds
Event registration fees, refund deadlines, and cancellation policies may vary by event and will be stated in the event materials when applicable.
Flourish reserves the right to cancel, postpone, or modify events due to unforeseen circumstances. If an event is canceled, Flourish will communicate available options to registered participants.
12. Links from the Website
This Website may link to third-party websites, resources, donation platforms, event platforms, or partner organizations, and these links are provided for your convenience only. Flourish is not responsible for the content, terms, privacy practices, or security of third-party websites or services. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
13. Geographic Restrictions
The owner of the Website is based in the State of Tennessee in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
17. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in the City of Knoxville and County of Knox. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
19. Entire Agreement
The Terms of Use our Privacy Policy constitute the sole and entire agreement between you and Flourish regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
20. Comments and Concerns
This website is operated by Flourish, Inc. at PO Box 22184 Knoxville, TN 3793.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].
