LAST UPDATED July 16, 2021
2. Eligibility and Permission to Use the Web Site
Our Services are not targeted towards or intended for use by anyone under the age of thirteen (13). If you are under the age of 13, you are not permitted to use this website or the Services. If you are under the age of eighteen (18) but at least 13, you may only use this website or the Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. You must be at least thirteen (13) years of age to register as a Member of or otherwise use the Web Site and the Service. By using the Web Site and the Service you represent and warrant that (a) you are eighteen years of age or are under the age of eighteen (18) but at least thirteen (13) and under the supervision of a parent or legal guardian who agrees to be bound by this Agreement, (b) any registration information you submit is truthful and accurate, (c) you will maintain the accuracy of such information, (d) your use of the Web Site and the Service does not and will not violate any applicable law or regulation, and (e) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Your use of the Web Site and the Service may be terminated at any time without notice if we in our sole discretion believe that you are under thirteen (13) years of age. Membership in the Service is void where prohibited.
3. Fees and Billing
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. FELA may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT FELA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION SHOULD YOU CANCEL ANY FINANCIAL AGREEMENT FOR USE OF THE WEB SITE, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. Prohibited Activities
You may not use the Web Site or the Service for any other purpose than that for which FELA makes it available. FELA reserves the right in its sole discretion to investigate, terminate your membership and take appropriate legal action if you violate this provision or otherwise misuse the Web Site or the Service, or behave in a way which FELA regards as inappropriate or which is unlawful or illegal.
The following is a list of the type of actions that you may not engage in with respect to the Web Site or the Service:
· Engage in any act that FELA deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms or policies.
· Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation.
· You shall not create an Account or access the Service if you are under the age of 13.
· You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Web Site by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors.
· You shall not have an Account or use the Web Site if you have previously been removed by FELA or previously been banned from using the Web Site.
· You shall use your Account only for non-commercial purposes.
· You will not use the Web Site or the Service for any illegal purpose, including engaging in any criminal or tortious activity, including without limitation child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming or theft of trade secrets.
· Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
· Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including FELA employees, including FELA’s customer service representatives.
· You will not express or imply that any statements you make are endorsed by FELA without our specific prior written consent.
· You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Web Site or the Service or its contents.
· You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Web Site or the Service.
· You will not interfere with or disrupt the Web Site or the Service or the servers or networks connected to the Web Site or the Service.
· You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
· You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Web Site or the Service.
· You will not “frame” or “mirror” any part of the Service or the Web Site, or otherwise take elements of the Web Site and reformat or display them, without FELA’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to FELA or the Web Site or the Service in order to direct any person to any other web site for any purpose.
· You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Web Site or the Service or any software used on or for the Web Site or the Service or cause others to do so.
· You will not collect or gather other people’s personal information (including account information) from the Web Site or the Service.
· You will not use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks.
· You will not solicit, for commercial purposes, any users of the Web Site.
4.1 Collection and Publication of Personal Information
You agree that you will not, under any circumstances:
· Solicit or attempt to solicit personal information from other users of the Service;
· Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
· Upload or transmit or attempt to upload or transmit, without FELA’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
5. Non-commercial Use by Members
The Web Site is for the use of individual Members only, whether for personal use or use on behalf of an entity, and may not be used in connection with any commercial endeavors, unless approved in advance in writing by an authorized representative of FELA.
6. Accounts; Account Security; Passwords
You may not use someone else’s account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, or a phony name or phony contact information.
During the Account creation process, you may be required to select a password. You have complete responsibility for your account and everything that happens on your account. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. This means you need to be careful with your password and ensure that you exit from your account at the end of each session. If you find out that someone is using your user name or password without your permission, or if you lose your password you should contact us immediately at [email protected].
FELA will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto sign-in feature. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FELA. GENERALLY, ACCOUNTS CREATED WITH FELA WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
7. Badges and Rewards Points
If you are a Member of the Web Site, you may have the opportunity to earn badges, reward points, and other incentives (collectively, “virtual currency”) that can be redeemed on the Web Site in order to gain access to certain special offers and services made available through the Web Site.
You agree that all virtual currencies will be forfeited if your account is terminated for any reason, or if we discontinue providing the Service on the Web Site. You agree that you have no property interest, right or title in or to the virtual currencies appearing or originating through the Service. Badges, rewards points, and other incentives are not gift certificates.
8. Your Interactions with Other Members
You are solely responsible for your interactions with other Members. FELA reserves the right, but has no obligation, to monitor disputes between you and other Members. You understand that FELA does not in any way screen its Members, nor does FELA inquire into the backgrounds of its Members or attempt to verify the statements of its Members. FELA makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members.
This Agreement shall remain in full force and effect while you use the Web Site or the Service. You may terminate your Web Site account at any time, for any reason, by contacting us at [email protected] or following the instructions on the Web Site. Upon termination of your account for any reason, we will close your account and you shall no longer be entitled to access the Web Site or the Service as a Member.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, FELA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR TO DENY ACCESS AND USE OF THE WEB SITE OR THE SERVICE TO YOU OR ANY OTHER PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND FELA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
FELA reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, FELA shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted. You may cancel any Account registered to you at any time by following the instructions at www.lifecents.com.
10. Grant of a Limited License to Use the Service
Except as may be otherwise indicated on the Web Site, FELA hereby grants you a fully revocable, non-exclusive license to access and use the Service using a FELA supported web browser (such as Google Chrome or Mozilla Firefox) or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Use content and other information available on the Web Site is subject to the following terms and conditions:
· The document or information may be used (by you or any third party to whom you distribute it) solely for informational, personal, and non-commercial purposes.
· You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or re-sell information, software, products, or services that you obtain from the Web Site, except with FELA’s express written permission.
FELA reserves the right to revoke the foregoing license at any time. You agree that you and any person to whom you distribute the document or information will immediately discontinue any use of the document or information upon notice of revocation.
10.1. Accessing the Service
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a personal computer or mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
11. Modifications to Service
FELA reserves the right at any time to modify or discontinue, temporarily or permanently, the Web Site or the Service (or any part thereof) with or without notice. You agree that FELA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site or the Service.
12. Blocking of IP Addresses
In order to protect the integrity of the Website or the Service, FELA reserves the right at any time in its sole discretion to block Users from accessing the Web Site if they connect to the Web Site from certain IP addresses.
13. Intellectual Property Ownership
FELA owns and retains all proprietary rights in and to the content of the Web Site and the Service (the “Content”), and has a license to use all material posted by you and the other Members as discussed below. The Content includes the copyrighted material, information, products, services, trademarks, and other proprietary information included in or available through the Web Site, including the images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection, compilation, assembly, and the overall look and distinctiveness of the Web Site, which constitutes trade dress and is the property of FELA and its licensors. Except for that information which is in the public domain, is considered fair use, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any of the Content.
The trade dress of FELA is protected by law and may not be copied or imitated in whole or in part. Logos, graphics, sounds, and images from the Web Site may NOT be copied or retransmitted unless expressly permitted by FELA.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by FELA, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FELA does not: (a) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (b) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Web Site. Under no circumstances will FELA or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Web Site or the Service or transmitted to or by any Members.
14. User Content
You are solely responsible for any User Content you post to the Web Site, its accuracy, and the consequences of posting or publishing it. By “User Content” we mean any information, data, text, software, music, sound, photos, graphics, videos, messages, tags, chat text interactive features, or any other materials you submit or post to the Web Site, including without limitation, any Web Site forums. By “post” we mean posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Web Site.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and FELA assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please contact us at Customer Support or [email protected].
FELA may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of FELA may violate these Terms of Service.
FELA reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of FELA, including to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
15. Restrictions on User Content and Content Screening
You may not:
· submit User Content that you don’t have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
· forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
· submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
· submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
· transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
· impersonate anyone else or lie about your affiliation with another person or entity;
· upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt the Web Site or the Service, or harm or corrupt our or anyone else’s computer systems, or data;
· use the Web Site or the Service to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children; or
· submit User Content which disparages us or our partners, Providers, vendors or affiliates.
We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason as well as to deactivate your account with FELA.
You are entirely responsible for all User Content you post or otherwise transmit via the Service. FELA assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.
We have no obligation to monitor User Content. If We choose at any time, in our sole discretion, to monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and We may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.
16. Intellectual Property Rights in User Content
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. FELA cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. FELA shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Service you understand and agree that FELA (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
FELA IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
17. Guidelines on Web Site Forums
You agree to the following terms regarding participation in any Web Site forums:
· Any User Content you provide on any Web Site forums must be relevant to forum topic.
· Any subject line you provide should accurately reflect the subject of the thread.
· All User Content must be provided in the relevant forum sections.
· Any moderating of the Web Site forums and/or any actions taken with respect to forum content are at the sole discretion of FELA.
18. No Financial Recommendations or Advice
Neither the Web Site nor the Service is intended to provide personalized financial, legal or tax advice. The information provided is for general informational and general educational purposes only, is broad in scope, impersonal and not attuned to any specific portfolio or the investment needs of any specific person. The information provided is not intended to represent results you should expect in the future, and FELA cannot and does not guarantee the accuracy, completeness, timeliness or reliability of, or otherwise endorse, any information, opinions and/or recommendations provided on or through the Web Site. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your specific situation. Accordingly, before making any final decisions or implementing any financial strategy, you should obtain additional information and advice from your financial, legal and/or tax advisers who are fully aware of your individual circumstances. In addition, nothing on the Service should be construed as an offer to sell, or a solicitation of an offer to buy a security, a recommendation for any product or service by FELA or any associated third party, or a suggestion regarding the purchase, holding or sale of securities.
This agreement may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
20. Products and Service Providers
YOU AGREE THAT FELA WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO WITH A PROVIDER, ANY INFORMATION YOU PROVIDE TO A PROVIDER, A PROVIDER’S COMPLIANCE WITH LAW, OR A PROVIDER’S MISUSE OF YOUR INFORMATION.
21. Third-Party Advertisers
FELA may run advertisements and promotions from third parties on the Web Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than FELA, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. FELA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Web Site.
The Web Site or the Service may provide, or third parties may provide through the Web Site or Service, links to other World Wide Web sites or resources. Because FELA has no control over such sites and resources, you acknowledge and agree that FELA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FELA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
23. Policy on Linking to the FELA Web Site
You are granted a limited, non-exclusive right, which we may revoke at any time, to create a hypertext link to the Web Site. If you exercise this limited, non-exclusive right, however, you must agree to the following:
· You will not portray FELA, its affiliates or Providers or their respective products and services in a false, misleading, offensive, derogatory, or otherwise defamatory manner.
· You will not misrepresent your relationship with FELA or imply that FELA sponsors, endorses, or is affiliated with any web site or products.
· You will not replicate, modify, or alter the appearance or content of the Web Site.
· You will not use, frame, or utilize framing techniques to enclose FELA trademark, logo, or other proprietary information, the images found on the Web Site, the content of any text, or the layout and design of any page or form contained on a page on the Web Site without the express prior written consent of FELA.
· Furthermore, a site that links to the Web Site: (a) Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages; and (b) Must not contain materials that would violate any laws.
If you exercise this limited, non-exclusive right to create a hypertext link to the Web Site, you agree that the link may be removed at any time, upon FELA’s request, pursuant to FELA’s reserved right to rescind its consent to allow the link.
24. Copyright Policy**
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Web Site or the Service in a way that constitutes copyright infringement, please provide our Copyright Agent, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), with the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· a description of the copyrighted work that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the Web Site;
· your address, telephone number, and email address;
· a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
· FELA’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: FELA | LifeCents, 1350 Eye Street, NW, Suite 870, Washington, DC 20005, or [email protected].
To ensure that FELA provides a high-quality experience for you and other users of the Web Site, you acknowledge and agree that FELA or its representatives may, but are not obligated to, investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Web Site. FELA is not required to disclose such an investigation unless required to do so by law. FELA will cooperate fully with any law enforcement agencies in their investigation of the violation of any applicable laws.
We respect the intellectual property rights of others. You may not use the Web Site to infringe anyone else’s copyright or other intellectual property right. If we find out that you are infringing, we will remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from the Web Site more than twice.
26. Disclaimer of Warranties
THE WEB SITE, THE CONTENT, THE SERVICE AND ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FELA DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NEITHER FELA NOR ITS LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, RELIABILITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE WEB SITE CONTENT. FELA DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEB SITE ITSELF OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION OR THAT IT IS FREE FROM ANY ERRORS, DEFECT, VIRUSES OR BUGS OR THAT THE SAME WILL BE CORRECTED. THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. YOUR USE OF THE WEB SITE IS SOLELY AT YOUR RISK.
ALTHOUGH FELA STRIVES TO PROVIDE INFORMATION THAT CONSUMERS MAY FIND HELPFUL, THIS INFORMATION SHOULD NOT BE CONSIDERED CREDIT OR LEGAL ADVICE. YOU SHOULD NOT USE THE GENERAL INFORMATION PROVIDED ON THE WEB SITE AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT PROFESSIONAL.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ALSO MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
27. Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL FELA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING LOST PROFITS, EVEN IF FELA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON THE WEB SITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OR PERSONS YOU MEET THROUGH THE WEB SITE OR THE SERVICE.
28. Indemnity by You
You agree to indemnify and hold FELA, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Web Site or the Service and/or any violation or breach of this Agreement.
30. Reservation of Rights
31. Severability and Integration
32. Governing Law and Jurisdiction
34. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
FELA is a trademark of FELA. All other trademarks, registered trademarks, product names and company names or logos mentioned in 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 FELA. Please contact us at [email protected] with any questions regarding this Agreement.