These Website Terms of Use (these “Terms”) apply to your use of the web site operated FEIRIE (the “Company”), at https://feirie.com/, and all pages, subpages, posts, contents, and other parts thereon (collectively, the “Site”).  In these Terms, “we,” “us,” and “our,” refer to the Company.  By accessing the Site, you consent to these Terms and those additional guidelines, rules, and operating policies the Company may establish and to which it posts links on the Site from time to time, including, but not limited to, the Company’s privacy policy, all of which are incorporated herein by reference (the “Policies”).  If you do not agree with any of these Terms or Policies, you may not access or use the Site.  We reserve the right to modify, amend, or revise any or all of these Terms or Policies at any time.  Any such modification, amendment or revision will be effective immediately upon publication on the Site.

CONTENT ON THE SITE

All material on this Site, including but not limited to text, images, videos, graphics, sound, and the overall design and features of the Site (the “Content”), is either owned, controlled, or licensed by the Company and is protected by copyright, trademark, and trade dress laws. You are not permitted to copy, modify, publish, transmit, sell, create derivative works, or otherwise exploit any of the Content without our prior written consent. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited right to access and use the Site and view the Content. By accessing the Content, you acknowledge that you do not gain any ownership rights to it. All rights not explicitly granted herein are reserved by the CompanyTop of Form

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USE OF THE SITE

You may not use the Site for any illegal or unauthorized purpose.  You may not attempt to gain unauthorized access to any portion of the Site, or to any systems or networks connected to the Site or any server on which the Site is hosted, by hacking or any other illegitimate means.  You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security of the Site or any network connected to the Site.  You agree that you will not take any action that imposes an unreasonable load on the network or servers hosting the Site, or use any device, software or routine to interfere with the normal functioning of the Site, or with any other person’s use of the Site.

ACCURACY OF CONTENT

You acknowledge and agree to the following: that we make no representations, warranties, promises, or guarantees regarding the accuracy, or error-free nature of the Content posted on the Site; and that we shall not be liable to you for any deficiencies arising from such Content or information obtained from the Content. The Site may include links to independent third-party websites, which are provided solely for your convenience. These linked sites are beyond our control, and we assume no responsibility for, nor do we endorse, the content of those sites, including any information they contain. You access these third-party sites at your own risk.

Furthermore, neither the Site nor the Content is intended to serve as a substitute for medical advice. The Site and Content are informational and educational, and do not serve as medical advice or treatment.

DISCLAIMERS; LIMITATION OF LIABILITY

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE CONTENT.  THE COMPANY AND ITS AFFILIATES SPECIFICALLY DO NOT PROVIDE ANY WARRANTY: (A) THAT THE CONTENT WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; OR (C) ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SITE OR THE CONTENT.  YOUR USE OF THE CONTENT IS AT YOUR OWN RISK AND YOU ASSUME ALL LIABILITY FOR OUTCOMES BASED THEREON.  

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS, REMOTE, COVER, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR UNDER THESE TERMS OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, OR LOSS OF DATA OR USE.  FURTHER, IN NO EVENT WILL THE COMPANY’S TOTAL CUMULATIVE LIABILITY FOR CLAIMS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE EXCEED ONE HUNDRED DOLLARS ($100).  NO CLAIM MAY BE ASSERTED BY YOU AGAINST THE COMPANY MORE THAN TWELVE (12) MONTHS AFTER THE EARLIER DATE OF: (A) THE CAUSE OF ACTION UNDERLYING SUCH CLAIM; AND (B) THE TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SITE.  NOTHING SET FORTH IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN IS PERMITTED BY APPLICABLE LAW.  IN ADDITION, SOLELY IF AND TO THE EXTENT REQUIRED IN ORDER TO MAKE THIS LIMITATION OF LIABILITY ENFORCEABLE UNDER APPLICABLE LAW, NOTHING SET FORTH IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE. 

WAIVER; SEVERABILITY

You agree our failure to enforce any right or provision of these Terms will not be deemed a waiver of any such right or provision.  In the event that a provision of these Terms is held to be invalid or unenforceable for any reason, then that provision will be limited to the minimum extent necessary to uphold these Terms, and the remaining provisions of these Terms will remain in full force and effect.

INDEMNIFICATION

At your sole cost and expense, you hereby agree to defend and hold harmless the Company, as well as  its directors, officers, managers, board members, members, employees, consultants, representatives, agents, successors and assigns (the “Indemnitees”) in any action or claim, and to indemnify the Company and the Indemnitees from and against any and all losses, liabilities, sums of money, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) arising from such action or claim and related to: (a) your breach of any term, condition, representation or warranty set forth in these Terms; (b) your infringement or misappropriation of any intellectual property, privacy, or other rights of any third party; and/or (c) your violation of applicable law.  The Company reserves the right, at your expense, to assume the exclusive defense and control of any claim hereunder for which you are required to indemnify us, and you agree to cooperate with our defense of such claim.  

TERMINATION

These Terms will commence on the first date you access the Site and will terminate on the earlier of the date that: (a) your then current Site session expires or terminates; or (b) we stop offering the Site, either permanently or temporarily, or revoke your right to use the Site.  Upon termination of these Terms, all licenses and other rights granted to you in these Terms will immediately cease.  The provisions of these Terms that by their nature and context are intended to survive the performance and termination of this Terms, including, without limitation, the disclaimers, limitation of liability, and indemnification obligations set forth above, will survive the termination of these Terms.  

GOVERNING LAW; JURISDICTION

These Terms are governed by, and interpreted in accordance with, the laws of the State of California except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction.  You hereby consent to the exclusive jurisdiction and venue of the federal and state courts located within San Bernadino County, California with regard to any suit or claim arising from or under these Terms or your use of the Site.

CONTACT INFORMATION

Questions about these Terms should be addressed to contact@feirie.com.  You understand we have the right to use any feedback you provide on an unrestricted basis.

CONSENT TO USE OF ELECTRONIC SIGNATURES AND RECORDS

As a convenience and courtesy to you, the Company provides access to the Site online, which may require you to enter into agreements or receive notices electronically.  Accordingly, you acknowledge and agree that by clicking “I Agree” or “I Accept” anywhere on the Site or by otherwise agreeing to the terms and conditions set forth in any agreement posted on the Site: (a) you agree to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into these Terms; (b) you have read and understand the electronic copy of electronic contracts, notices and records, including, without limitation, these Terms, the Policies and any amendments hereto or thereto; (c) you agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter; (d) you are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, these Terms and any amendments hereto; and (e) you agree to receive electronically information about the Site and other electronic records into which you thereby enter including, without limitation, these Terms.

If you wish to withdraw this consent, please contact us at contact@feirie.com, in which case the Company shall have the right to terminate your use of the Site.