These Terms apply to your access to, and use of, the website (the “Site”) of Feello, Inc., a Delaware corporation (“Feello,” “we” or “us”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Feello for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to be responsible to us if you violate these Terms.
Feello reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by providing notice prominently on the front page of the Site or updating the “Last Updated” date at the top of these Terms. By continuing to use the Site after such notice, you confirm your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop accessing the Site.
Eligibility, Registration and Account
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended or removed from the Site; (c) do not have more than one online account with Feello; and (d) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.
In order to access and use certain areas or features of the Site, you may be required to register for an online account. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names, or to take other reasonable action as necessary, on behalf of any business or individual that holds legal claim, including trademark rights, in a name.
In consideration of your use of the Site, you agree to (w) provide accurate, current and complete account information; (x) maintain and promptly update your account information; (y) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (z) promptly notify us if you discover or otherwise suspect any security breaches related to the Site.
Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Feello logo, and all designs, text, graphics, pictures, information, data, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Feello or its licensors and are protected by U.S. and international copyright laws.
Feello grants you a limited, nonexclusive, non-sublicensable, nontransferable license to access and use the Site and Content; however, such license is subject to these Terms and does not include (a) any resale or commercial use of the Site or Content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Site or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, Content or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or Content other than for their intended purposes. Any use of the Site or the Content other than as specifically authorized herein, without the prior written permission of Feello, is strictly prohibited and will automatically terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by Feello, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Site and Content may contain software components that are subject to separate license terms, in which case those license terms will apply to the access and use of such software components.
“Feello,” the Feello logo and any other Feello products or service names or slogans contained on the Site are trademarks of Feello and may not be copied, imitated or used, in whole or in part, without the prior written permission of Feello or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Feello” or any other name, trademark or product or service name of Feello without the appropriate parties prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Feello and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Feello or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Feello logo or other proprietary graphic of Feello to link to the Site without the express written permission of Feello. Further, you may not use, frame or utilize framing techniques to enclose any Feello trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Feello’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Feello or any third party.
Feello makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Feello and Feello is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Feello provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Feello of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Third Party Content
Feello may provide third party content on the Site and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Feello does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Feello is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products, Services and Promotion
Feello may display advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Feello is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third-party information on the Site.
You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Feello and the Site (collectively, “Feedback”). Feedback, whether submitted through the Site or otherwise, is non-confidential and shall become the sole property of Feello. Feello shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless Feello and our partners, independent contractors, service providers and consultants and our respective directors, officers, employees and agents (collectively, the “Feello Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site; (b) any Feedback you provide; (c) your violation of these Terms or (d) your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY FEELLO, THE SITE AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FEELLO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN. FEELLO DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
FEELLO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE FEELLO ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, FEELLO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
Limitation of Liability
IN NO EVENT SHALL FEELLO OR THE FEELLO PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM FEELLO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FEELLO’S RECORDS, PROGRAMS OR SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FEELLO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FEELLO FOR ACCESS TO OR USE OF THE SITE.
Modifications to Site
Feello reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Feello will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
Applicable Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FEELLO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FEELLO.
You and Feello agree to arbitrate any dispute arising from these Terms or your use of the Site, except that you and Feello are not required to arbitrate any dispute in which either party seeks equitable and or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Feello agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Feello shall be sent to 701 N. 36th Street, Suite 320, Seattle, Washington 9103. You and Feello further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Seattle, Washington; and (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS, and (d) that the state or federal courts in Seattle, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND FEELLO WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to use the Site, or any portion thereof, and to block or prevent your future access to and use of the Site or any portion thereof.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Terms or the Site, please contact us at firstname.lastname@example.org.