44 Maple Group Global Terms and Conditions

Effective Date: 02/04/2025

These Terms and Conditions of Use (“Terms of Use”) are between you and Flexcon Holdings Trust dba 44 Maple Group and its affiliated entities (collectively, “44 Maple”, “we”, “us”, and “our”) and apply to any website, mobile application, online services, or program that expressly adopt and display or link to these Terms of Use (collectively and individually, the “Digital Services”). By accessing and using the Digital Services, you, the user, (“you” and “your”) acknowledge and agree to accept and be bound by these Terms of Use. If you do not agree to these Terms of Use and any Additional Terms (defined below), then you should not use the Digital Services.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME), YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.

PRIVACY

Your use of the Digital Services is also subject to our Privacy Policy, which is available online at https://44maplegroup.com/legal/privacy (“Privacy Policy”). The Privacy Policy is subject to change, and you are encouraged to review the Privacy Policy whenever you supply 44 Maple with any information.

PROPRIETARY INFORMATION

The material and content accessible from the Digital Services, other than Third-Party Services (defined in Section 12 below), is owned, licensed, or controlled by 44 Maple (“Content”) and is proprietary information of 44 Maple or the party that provided or licensed the Content to us, and 44 Maple or such party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, rented, leased, distributed, modified, or transmitted in any way without our prior written consent. In doing so, you may not remove or alter, or cause the removal or alteration of, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content, except as expressly provided herein, may violate our intellectual property rights or a third party’s rights. Neither title nor intellectual property rights in the Content are transferred or licensed to you by these Terms of Use or your access of the Digital Services. The arrangement and layout of the Digital Services including but not limited to, the Marks, images, text, graphics, buttons, screenshots, and other content or material are the sole and exclusive property of 44 Maple.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, HYPERLINKING, MAKING DERIVATIVE WORKS OF, OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.

SUBMISSIONS

Some Digital Services may allow you to send stories, anecdotes, content, comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints, or other information to 44 Maple through the Digital Services (together, “Submissions”). 44 Maple does not consider unsolicited ideas, and any Submissions are subject to the terms of our Unsolicited Ideas Policy, incorporated herein.

UNSOLICITED IDEAS

Many of us often come up with great ideas and the like that we feel compelled to share. You may even want to share ideas for new products, services, and/or advertising and marketing campaigns with us. However, as a company that constantly strives to improve its products, services, technology, and promotional techniques, we must take steps to ensure our own ability to innovate. With that in mind, it is 44 Maple’s policy not to accept, review, or consider any unsolicited ideas, products, works, materials, proposals, artwork, content, or the like (“Submissions”) from anyone other than our employees, agents, and our existing suppliers and contractors. The purpose of this policy is to avoid potential misunderstandings or disputes when 44 Maple’s products, services, technologies, advertising, promotions, or content might seem similar to submissions provided to 44 Maple. Please note that if, despite our request that you not send us your Submissions, you submit them to us anyway, then regardless of what your communication says, you unconditionally agree that:

your Submissions, along with related intellectual property rights, will immediately upon submission become the sole and exclusive property of 44 Maple, without compensation to you or any other person or party;
44 Maple can use, reproduce, disclose, publish, and distribute the Submissions for any purpose whatsoever, without restriction and in any way;
there is no obligation for 44 Maple to review the Submissions; and
there is no obligation to keep any Submissions confidential. 44 Maple does, however, welcome feedback regarding 44 Maple’s existing products, services, and marketing strategies. Any feedback you provide at this site will be deemed non-confidential and not proprietary. 44 Maple will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, 44 MAPLE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY:

WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS;
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT;
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES;
WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES;
WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND
WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.

TRADEMARKS

All trademarks, including logos, appearing in the Digital Services (collectively, the “Marks”) are the property of 44 Maple or the party that licensed the Marks to 44 Maple, and we or the licensing party retain all rights to our respective Marks. No rights in any Marks are granted to you by these Terms of Use or your access to Digital Services. Any use of the Marks without the prior written permission of 44 Maple is strictly prohibited.

(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected of infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

44 Maple Group
Attn: 44 Maple Group General Counsel
Email: Legal@44MapleGroup.com
1 Flexcon Industrial Park
Spencer, MA 01562-2642

(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the State of Massachusetts without regard to its conflict of laws rules. Any legal or arbitration proceedings against 44 Maple that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in Worcester County, Massachusetts. Where such dispute is permitted to be heard via the courts, such dispute shall be heard in the state and federal courts applicable to Worcester County, Massachusetts, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

AMENDMENT; ADDITIONAL TERMS

(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Digital Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Digital Services generally, unique of our Services, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(B) Modifications to these Terms of Use or any Additional Terms will be effective immediately upon notice by posting on the Digital Services. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Digital Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Digital Services.

MISCELLANEOUS

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree that an arbitrator (or, if permitted, a court) shall strike only that provision and that the remaining terms of these Terms of Use shall remain in force.
Where we have provided you with a translation of the English language version of these Terms of Use or any Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.
These Terms of Use (including any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.