Terms & Conditions
IMPORTANT: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please carefully review Section 17 of this Agreement for more information.
1. Revisions to This Agreement
We may revise and update this Agreement from time to time without prior notice to you and will post the updated Agreement to the Website. ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Any changes to this Agreement will not apply retroactively to events that occurred prior to such changes.
2. The Purpose of This Website
We offer this Website to you as an informational tool only. The design and function of the Website and the contents therein, such as text, blog posts, graphics, images, audio and video files, user interface, layout and presentation, analytic and demographic data relating to your use of the Website, and other material contained in the Website are for informational purposes only.
3. Your Usage of the Website
You may use this Website for personal, non-commercial, lawful purposes only.
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, graphics and images (collectively, the “Content“). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark or other laws. You have no rights in the Content, and no copying, redistribution, retransmission, publication or commercial or non-commercial use of the Content will be permitted without our express written permission. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. For clarity, there is no prohibition against you maintaining hyperlinks on your own website(s) that lead visitors to a page on the Website.
The trademarks, service marks, and logos used and displayed on this Website are the registered and unregistered trademarks or service marks of ours or of our third party partners and clients (collectively, the “Marks”). Nothing on this Website or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without our prior written consent specific for each such use. The Mark may not be used to disparage any party or their respective products or services, or in any manner that may damage any goodwill in the Marks. All goodwill generated from the use of any Mark shall insure to the benefit of the Mark owner.
Except as otherwise provided in this Agreement, no part of the Website and no Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use, without our prior express written consent.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to access the Website. Any use of the Website in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Website.
Your access to this Website is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any Content or services we provide on the Website without notice.
4. Your Responsibilities
You agree that when using the Website, you will not:
Delete, modify, hack, or attempt to change or alter any of the Content or notices on the Website;
Use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Website, servers, or networks connected to the Website or take any other action that interferes with any other person’s use of Website;
Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Website for any reason;
Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Website is based;
Introduce into the Website any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to disable, erase, or otherwise harm the Website or Content, or perform any such actions;
Introduce into the Website any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person;
Use any Content made available through the Website in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
Access or attempt to access any other person’s information or content;
Send any chain letters, junk mail, unauthorized email, or advertisements;
Encourage any illegal activities, or post anything that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
Decrypt, transfer, frame, display, or translate any part of the Website;
Connect to or access any of our computer systems or networks without authorization; or
Use the information in the website to create or sell a similar service or similar information.
5. Your Content
Any information, comments, postings, text, images, messages, files, and/or other materials you post, transmit through, or link from the Website (collectively, “Your Content”) are your sole responsibility. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OR ANY ACTIVITIES ASSOCIATED WITH ANY OF YOUR CONTENT. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON YOUR CONTENT OR OTHER CONTENT YOU FIND ON THE WEBSITE ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available on the Website.
We do not pre-screen or approve Your Content and we have no obligation to monitor Your Content. However, we reserve the right to review, modify, monitor, distribute, remove, or delete any of Your Content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or to remove any information or materials, in whole or in part.
Without limiting the generality of the foregoing, the following is prohibited in any of Your Content:
You may not post any content that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity.
You may not upload, post, or transmit any message, data, code, or software that would violate our, or any third party, proprietary or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing fashion.
You may not post, upload, or transmit photos or video of any third party without express, written permission. By uploading, transmitting, or posting any photo or video on or through the Website, you represent and warrant that you have express, written permission from all persons appearing in the media for all of our potential uses of such media.
You may not upload, post, or transmit any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk email lists or upload, post, or transmit the same posting more than once.
You may not collect personal or otherwise identifying data about other users for any reason whatsoever.
You may not upload, post, or transmit any commercial advertisements or solicitations for conduct or services that would in any manner constitute threatening, harassing, harmful, or abusive behavior.
You may not upload, post, or transmit any materials that are fraudulent or involve the sale of counterfeit or stolen items.
You may not upload, post, or transmit any materials that could cause us to violate any applicable law, statute, ordinance, or regulation.
By uploading, transmitting, or posting Your Content, you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute Your Content in its entirety or in part. YOU AGREE TO INDEMNIFY US AND OUR AFFILIATES AND BUSINESS PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES, FEES, LIABILITIES, AND LOSSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM ANY SUCH MATERIALS OR ANY FAILURE TO COMPLY WITH THIS SECTION.
6. Access through Mobile Devices
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Website on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Website, for data downloading, email, text messages, for roaming, and other Mobile Provider or third party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
7. Third Party Websites and Advertising
8. Your Privacy
9. System Unavailability
There may be times when the Website is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Website will always be available or is completely free of human or technological errors.
The Website may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Website or any information supplied to you via the Website, or that files available through Website are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.
You must provide the equipment and Internet connections necessary to access the Website at your own expense. We do not guarantee that the Website will operate with your computer, Mobile Device, internet service plans, or Mobile Provider service plans or with any particular computer or other piece of hardware, software, equipment, or device you install on or used with your computer.
12. No Guarantees
THE WEBSITES, AND OUR CONTENT (COLLECTIVELY, THE “SYSTEM”) ARE PROVIDED “AS IS”. WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE OR THE RESULTS OF YOUR USE OF THE SYSTEM; (II) ANY ADVICE YOU GLEAN FROM THE SYSTEM; OR (III) ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SYSTEM. WE DO NOT PROMISE THAT THE SYSTEM WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, OR CONTENT.
13. We Are Not Liable To You for Your Use of Website
We are not responsible for any damages to you or anyone filing suit on your behalf for any reason.
FERVOR AND ITS SUPPLIERS, LICENSORS, PARENT, OR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNEES OR SUCCESSORS-IN-INTEREST (COLLECTIVELY, THE “FERVOR PARTIES”), WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS, DEMANDS, LOST PROFITS, OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RELATING TO THIS AGREEMENT, YOUR USE OF THE SYSTEM OR ANY INFORMATION YOU OBTAIN ON IT, OR ANY OTHER INTERACTION WITH THE SYSTEM AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF THE GOODLIFE PARTIES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE WILL BE TO STOP USING THE WEBSITE.
IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF FERVOR PARTIES FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00).
You agree to defend, indemnify and hold harmless the Fervor Parties from and against all claims, actions, demands and expenses, including, without limitation, reasonable attorneys’ and accounting fees, arising from your access to, use or misuse of the Content or Website. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests in assisting our defense of such matter.
15. Your Representations and Warranties
You represent, warrant, and covenant that you have the legal right to enter into this Agreement and to use this Website according to the terms and conditions of this Agreement. If you are accepting this Agreement and using this Website on behalf of another company or entity, you agree that such company or entity will be bound by this Agreement. Additionally, you represent, warrant, and covenant that all information you provide to us in connection with this Agreement or your use of the Website, including but not limited to personal information, is current and correct.
16. Your Compliance with Applicable Laws
We make no claims concerning whether the Content may be downloaded or viewed, or is appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
17. Agreement to Arbitrate
All disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement) or our operation of the Website shall be resolved by final and binding arbitration to be held in the English language in Jackson County, Missouri, pursuant to the rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part, of this Agreement is void or voidable. Further, if you are located outside of the United States, we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other appropriate country.
Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to this Agreement may obtain preliminary injunctive relief in the state or federal courts sitting in or closest to Jackson County, Missouri, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
18. Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Website infringe your copyright, and that the use of such materials is not fair use, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.copyright.gov for details). Notices and counter notices with respect to the Website should be sent to the Contact information listed at the bottom of this Agreement.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Content at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.
As we develop our business, we might sell or buy businesses or assets. In connection with a corporate sale, merger, reorganization, dissolution or similar event, we may assign or transfer this Agreement to the person or entity acquiring the applicable assets or succeeding to the applicable business. In the event of any such transaction, this Agreement shall remain in full force and effect and shall be binding on you and any such successor and/or assign.
The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, accomplishes the intentions of the original provision. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver of any breach or default hereunder shall be effective against us unless made in writing, nor shall any such waiver be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be governed by the laws of Missouri without regard to conflicts of law principles. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement will insure to the benefit of our successors, assigns, licensees, and sublicensees.
If you have any questions concerning this Agreement, please contact us using one of the methods specified below.
1911 Baltimore Ave, Kansas City, MO 64108