ACCEPTANCE OF TERMS
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.
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:
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:
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.
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
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.