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Terms of Service

Version 01/17/2010

ACCEPTANCE OF TERMS

By accessing or using the Feistees.com web site in any way, you agree to and are bound by the terms and conditions set forth in this document (the "Terms of Service"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. Feistees, Inc. may change the Terms of Service and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes.

THE SITE

Feistees, Inc. makes this Web site (the "Site"), and the Materials and Services contained herein, available for your access and use subject to the Terms of Service. "Materials" means all information, data, documents (e.g. product briefs, white papers, press releases, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via the Site. "Services" means all services and resources offered or enabled via the Site by Feistees and users of this Site.

INTELLECTUAL PROPERTY

The Materials and Services are protected by copyrights, trademarks, patents, and other intellectual property rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use. Any trademarks, logos and service marks ("Marks") displayed on this Site are the property of Feistees, Inc. or third parties. You are not permitted to use the Marks without the prior written consent of Feistees, Inc.

USE OF SITE AND SERVICES

As part of your use of the Site, you agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree that you shall not:

  • Access or attempt to access any Material that you are not authorized to access.

  • Remove, modify or fraudulently add to any Materials on the Site

  • Use any Materials on the Site in a manner that infringes any Intellectual Property Rights of Feistees or a third party.

  • Disrupt, initiate denial of service, or otherwise interfere with the performance or security of the Site.

  • Transmit unsolicited "spam" communications to any registered e-mail addresses.

  • Post or otherwise submit any malicious software program, including but not limited to viruses, worms, time bombs, and Trojan horses.

  • Create a false identity for the purpose of registration.

  • Violate any applicable laws.

  • Post or otherwise submit any material or information that is discriminatory, defamatory, pornographic, violent, threatening, or otherwise inappropriate.

Feistees, Inc. may, in its sole discretion, update, modify or remove the Materials and Services at any time. If you are required to register to access a particular Service or Material, you must complete the designated registration page. All information that you provide in the registration must be current, complete and accurate

USE OF FEISTEES MATERIALS

Except as indicated to the contrary, you may view, download, and print the Materials and other content available on the Feistees Site subject to the following conditions:

  • Access and use is solely for informational purposes.

  • Feistees Materials may not be modified or altered in any way.

  • You abide by any applicable copyright, intellectual property restrictions.

  • No Materials, or any portions thereof, are referenced or quoted out of context.

  • Usage rights to the Site constitute a license, not a transfer of title.

Use of Feistees Materials or other Site content for any other purpose is expressly prohibited and may result in civil and criminal penalties.

RESTRICTION AND TERMINATION OF USE

Feistees may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in Feistees' sole discretion, without prior notice or liability to you.

LINKED SITES

The Site may include links to third-party sites ("Linked Sites"). The Linked Sites are a convenience and the inclusion of the links do not imply any endorsement by Feistees. Linked Sites are independent and you therefore acknowledge and agree that Feistees is not responsible for the contents of any Linked Site, link contained therein, or changes, including broken links, to a Linked Site.

WARRANTIES AND DISCLAIMERS

THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY FEISTEES UNDER THESE TERMS OF SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FEISTEES MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. FEISTEES MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND FEISTEES MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.

THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. FEISTEES ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FEISTEES, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, INDEMNITY AND LIABILITY

You agree to indemnify and hold Feistees and its officers, employees, investors, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your access to or use of the Site, Services or Materials (b) any content that you may submit, post to or transmit through the Site; (c) your violation of the Terms of Use; (d) your violation of any rights of any third party; (e) your access to or use of Linked Sites.

GENERAL

These Terms of Service constitute the entire agreement between Feistees and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and Feistees. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Service shall continue in full force and effect. All matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Pennsylvania and the exclusive personal jurisdiction and venue of the Superior Court of Butler County and the United States District Court. Any questions, inquiries or concerns can be submitted via our Contact Us page.