Feelrlive and/or its
affiliates (“Feelrlive”) provide website features access to third party
products and services to you when you visit or shop at feelr.live/shop, or
their subdomains, use Feelrlive products
or services, use Feelrlive applications
for mobile, or use software provided by Feelrlive in connection with any of the
foregoing (collectively, “Feelrlive Services”). Feelrlive provides these
services subject to the following conditions. Agreeing to These Terms &
Conditions We offer a range of services depending on your needs. Individuals
come to our websites to both post and purchase content. A majority of these
Terms and Conditions will apply to both individuals and suppliers. In some
cases, the responsibilities of individuals purchasing content and suppliers
providing content vary. If these Terms and Conditions are inconsistent with
specific Service Terms, those Service Terms will apply.IMPORTANT – PLEASE
CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE
(THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER
OVER feelr.live/shop OR THEIR SUBDOMAINS, OR OTHER OF OUR SITES OR ONLINE
RESOURCES WHICH LINK TO THESE TERMS. THESE TERMS CONTAIN DISCLAIMERS OF
WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS
ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A
JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14,
15, AND 16). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND
ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16. THESE TERMS FORM AN ESSENTIAL
BASIS OF OUR AGREEMENT. General Use The use of our site or other sites or
online resources to which these Terms are linked (each, a “Website”), owned and
maintained by Feelrlive (“we,” “our,” “us”), are governed by these Terms. We
offer the Website, including all information, tools, and services available
from the Website to you, the user, conditioned upon your acceptance of all
terms and conditions stated herein. By accessing, using, subscribing, or
placing an order over the Website, you and your business (including any sub
users you may have) agree to the terms and conditions set forth herein. If you
do not agree to these Terms in their entirety, you are not authorized to use
the Website in any manner or form whatsoever. THIS IS A BINDING AGREEMENT.
THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING
AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND Feelrlive
. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES
PROVIDED BY Feelrlive , ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE,
OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED
USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR Feelrlive reserves
the right to update and change, from time to time, these Terms and all
documents incorporated by reference by posting updates and/or changes to our
Website. It is your responsibility to check this page periodically for changes.
You can find the most recent version of these Terms here. Use of the Website
after such changes constitutes acceptance of such changes. Any new features or
tools which are added to the current Website shall also be subject to the
Terms. Table of Contents Website Use Website User Conduct and
Restrictions-License Terms Our Privacy Statement and Your Personal Information Information
You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party
Agency Accounts Order Placement and Acceptance Refunds Subscription Terms and
Automatic Payment Shipping Fees Products, Services, and Prices Available on the
Website Disclaimer – your individual results will vary Your Responsibilities
Running A Business Testimonials, reviews, and pictures/videos Compliance with
the law, including commitment against harassment and interference with others Disclaimers
of other warranties Limitations of liabilities Dispute resolution by mandatory
binding arbitration and class action waiver Feelrlive’s Additional Remedies Indemnification
Notice and Takedown Procedures; Copyright Agents Third-Party Links Termination No
Waiver Governing Law and Venue Force Majeure Assignment Electronic Signature Changes
to the Agreement Your Additional Representations and Warranties Severability Entire
Agreement Contacting Us SECTION 1 – Website Use The Website is intended for
businesses operated by adults. If you use the Website, you are affirming that
you are at least 18 years old or the legal age of majority in your state
or province of residence (whichever is greater), operate a business, have
the legal capacity to enter into a binding contract with us, and have read this
Agreement and understand and agree to its terms. SECTION 2 – Website User
Conduct and Restrictions-License Terms All aspects of our Website are protected
by U.S. and international copyright, trademark, and other intellectual property
laws, including all content, information, design elements, text material,
logos, taglines, metatags, hashtags, photographic images, testimonials,
personal stories, icons, video and audio clips, and downloads. No material on
the Website may be copied, reproduced, distributed, republished, uploaded,
displayed, posted, or transmitted in any way whatsoever. The Feelrlive trademark
and logo are proprietary marks of Feelrlive , and the use of those marks is
strictly prohibited. Nothing herein gives you the right to use, copy, register
as a domain name, reproduce, or otherwise display any logo, tagline, trademark,
trade name, copyrighted material, patent, trade dress, trade secret, or
confidential information owned by Feelrlive . Subject to your continued
strict compliance with all Terms, Feelrlive provides to you a revocable,
limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable
license to use the Website. You acknowledge and agree that you do not acquire
any ownership rights in any material protected by intellectual property
laws. If you purchase a subscription to Feelrlive ’s online materials, Feelrlive
provides to you a revocable, limited, non-exclusive, non-sublicensable,
non-transferrable license to use the software. You acknowledge and agree
that: (1) the software is copyrighted material under United States and
international copyright laws that is exclusively owned by Feelrlive ; (2)
you do not acquire any ownership rights in the software; (3) you may not
modify, publish, transmit, participate in the transfer or sale, or create
derivative works from the content of the software; (4) except as
otherwise expressly permitted under copyright law, you may not copy,
redistribute, publish, display or commercially exploit any material from the
software without the express written permission of Feelrlive ; and (5) in
the event of any permitted copying (e.g., from the Website to your
computer system), no changes in or deletion of author attribution, trademark,
legend or copyright notice shall be made. You agree not to use or
attempt to use the Website, or any software provided by Feelrlive , whether
alone, or in conjunction with other software or hardware, in any unlawful
manner or a manner harmful to Feelrlive . You further agree not to commit
any harmful or unlawful act or attempt to commit any harmful or unlawful act on
or through the Website or through use of any software or hardware including,
but not limited to, refraining from: HARMFUL ACTS. Any dishonest or
unethical practice; any violation of the law; infliction of harm to Feelrlive reputation;
hacking and other digital or physical attacks on the Website; scraping,
crawling, downloading, screen-grabbing, or otherwise copying content on the
Website and/or transmitting it in any way we haven’t specifically permitted;
introducing, transmitting, or storing viruses or other malicious code;
interfering with the security or operation of the Website; framing or
mirroring the Website; creating, benchmarking, or gathering intelligence for
a competitive offering; infringing another party’s intellectual property
rights, including failing to obtain permission to upload/transfer/display
works of authorship; intercepting or expropriating data; and the
violation of the rights of Feelrlive or any third party; “SPAMMING” AND
UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited
communications. Any communications sent or authorized by you reasonably deemed
“spamming,” or any other unsolicited solicitations (including without
limitation postings on social media or third-party blogs) will be deemed a
material threat to Feelrlive reputation and to the rights of third parties. It
is your obligation, exclusively, to ensure that all business communications
comply with state and local anti-spamming or analogous laws. OFFENSIVE
COMMUNICATIONS. Any communication sent, posted, or authorized by you, including
without limitation postings on any website operated by you, or social media or
blog, which are: sexually explicit, obscene, vulgar, or pornographic;
offensive, profane, hateful, threatening, harmful, defamatory, libelous,
harassing, or discriminatory; graphically violent; or solicitous of
unlawful behaviour. SENSITIVE INFORMATION. You will not import, or incorporate
into, any contact lists or other content you upload to any website, software,
or other electronic service hosted, provided by or connected to Feelrlive , any
of the following information: social security numbers, national insurance
numbers, credit card data, passwords, security credentials, bank account
numbers, or sensitive personal, health or financial information of any kind.
SECTION 3 – Our Privacy Statement and Your Personal Information We
respect your privacy and the use and protection of your non-public, personal
information. Your submission of personal information through the Website is
governed by our Privacy Statement and, if you and/or your end users are located
in the European Union or United Kingdom. Our Privacy Statement may be
viewed here. Feelrlive reserves the right to modify its Privacy Statement
and DPA in its reasonable discretion from time-to-time. Our Privacy Statement
is incorporated into this Agreement by reference. SECTION 4 – Information You
Provide; Registration; Passwords As a Feelrlive user, you will be required to
create an account with Feelrlive . You warrant that the information you provide
us is truthful and accurate, and that you are not impersonating another person.
You are responsible for maintaining the confidentiality of any password you may
use to access your Feelrlive user account, and you agree not to transfer your
password or username or lend or otherwise transfer your use of or access to
your user account, to any third party. You are fully responsible for all
transactions with, and information conveyed to you as Feelrlive Subscriber/User,
including technical information, pricing, business strategy, and data about
other past or current Feelrlive users or their customers. SECTION 5 – Order
Placement and Acceptance If you order a service or product, payment must be
received by us before your order is accepted. We may require additional
information regarding your order if any required information was missing or
inaccurate and may cancel or limit an order any time after it has been placed.
Your electronic order confirmation, or any form of confirmation, does not
signify our acceptance of your order. You must contact us immediately at contact@feelr.live
in order to modify or cancel your pending order. We cannot guarantee that we
will be able to amend your order in accordance with your instructions. All
items are subject to availability. We will notify you if any item is not
available, the expected availability date, and may offer you an alternative
product or service. If the availability of any product or service is delayed
and you do not wish to substitute the product or service, upon your request, we
will cancel your order and if previously charged, your payment card will be
fully refunded for that specific order. We reserve the right to limit the sales
of our products and services to any person, geographic region, or jurisdiction.
We may exercise this right on a case-by-case basis at our sole and exclusive
discretion. Your purchase order of products and other services is
conditioned on you re-affirming your acceptance of this Agreement. All
advertised prices are in, and all payments shall be in, U.S. Dollars. SECTION 6
– Refunds Feelrlive has no refund or exchange policy unless
explicitly stated. Intangible online items are not refundable unless explicitly
stated. As our service are digital products, it is deemed “used” after
being emailed, downloaded and/or opened. If you are not happy with our
services, your only recourse is to unsubscribe from using the services or if
your contract explicitly states a money-back refund then you can email: contact@feelr.live
for next steps. If you choose to stop using our services before the end of your
billing cycle, you understand and accept that we will not be able to offer a
refund, whether partially or in full, for the remaining part of your cycle. For
the sake of emphasis, we do not provide refunds, credit, or prorated billing
for any cancelled subscription unless explicitly stated. If you wish to cancel
your subscription, please email: contact@feelr.live. You must complete a
cancellation survey form prior to having your subscription cancelled, failure
to submit your survey in a timely manner may result you being liable for the
next billing cycle. Once your survey has been received our customer service can
begin to process your cancellation request. SECTION 7 – Subscription Terms and
Automatic Payments A Feelrlive user is responsible for paying all sums due to Feelrlive
in connection with their monthly subscription in accordance with these Terms.
The first fee payable in accordance with these Terms is due when the user
account is set up and payment of the monthly fee is a condition of access, or
after your free trial ends and you have not cancelled the automatic subscription
with us. Every calendar month, your account will be charged the subscription
fee plus applicable tax for the following month’s subscription, together with
any other fees for the following month’s subscription plus any accumulated
charges for the past period (collectively “Fees”). Failure by the Feelrlive
user to use any of the services available through the service provided by Feelrlive
does not relieve the Feelrlive user of their payment obligations under these
Terms. Potential users can pay by credit card or debit card. Payment details
shall be collected by us through our secure financial data collection
mechanism. You acknowledge and agree that we hold data relating to the
transaction, including the last four digits and the expiration date of the card
used to purchase the products or services together with details on when payment
is due. You further acknowledge and agree that payments are due on a
recurring basis in accordance with the payment terms for the specific service
purchased (unless the subscription is cancelled in accordance with these
Terms) and therefore authorize the automatic payment collection terms
applicable to that specific service (e.g., on a monthly basis and for a
specific amount). IF YOU WISH TO CANCEL YOUR OMNIBUYS LLC SUBSCRIPTION
(INCLUDING SUBSCRIPTIONS FOR SERVICES) AT ANY TIME AFTER A FREE TRIAL OR
DISCOUNTED PERIOD ENDS, YOU MUST SUBMIT A CANCELLATION REQUEST TO US VIA OUR
SUPPORT EMAIL ADDRESS
FOR MONTHLY SUBSCRIPTIONS (INCLUDING SUBSCRIPTIONS FOR SERVICES), WE REQUIRE AT
LEAST TEN (10) DAYS’ NOTICE OF CANCELLATION BY EMAIL BEFORE YOUR NEXT
SUBSCRIPTION Feelrlive reserves the right to immediately terminate a user’s
account and/or service for any unpaid (in whole or part) period of the
subscription (with or without notice). Termination of service in no way
relieves or excuses the user from any obligation to pay outstanding charges or
expenses. In the event Feelrlive starts collection processes of any type, you
will be liable for all collection costs, including legal fees and expenses, as
provided in Section 18 below. In addition to any Fees, Feelrlive may also
charge applicable value added or other tax. SECTION 8 – Shipping Fees Unless
otherwise stated on the Website at the time of purchase, if we ship you a
physical product, we reserve the right to add applicable shipping and handling
fees to your order. Unless otherwise stated, we will use commercially
reasonable efforts to fulfill your order within a reasonable time after receipt
of your properly completed and verified order. Accurate shipping address and
phone number information is required. Although we may provide delivery or
shipment timeframes or dates, such dates are good-faith estimates and are
subject to change. If your order will be delayed, we will contact you at the
e-mail address you provided when placing your order. If we are unable to contact
you or you would like to cancel your order, we will cancel the order and refund
the full amount charged. We shall not be liable for any loss, damage, cost, or
expense related to any delay in shipment or delivery caused by any third-party
carrier or other delivery service not owned or controlled by us. The risk
of loss and title for such items pass to you upon our delivery to any
third-party carrier. SECTION 9 – Products, Services, and Prices Products,
services, and prices are generally posted at the following URL, but are subject
to change: Feelrlive . Feelrlive reserves the right, without notice, to
discontinue products or services or modify specifications and prices on
products and services without incurring any obligation to you. Except as
otherwise expressly provided for in these Terms, any price changes to your
subscription or purchase of product(s) or services will take effect following
email notice to you. Price changes are effective on the first day of the
month after the price change is posted. By accessing, using, subscribing or
placing an order over the Website, you authorize Feelrlive to charge your
account in the amount indicated for the value of the services you select,
including any future price changes. If you request a downgrade in services, the
downgrade (and corresponding price reduction) will become effective on the
first day of the month following your requested downgrade. By your continued
use of Feelrlive services, and unless you terminate your subscription as
provided herein, you agree that Feelrlive may charge your credit card monthly
for the products and services you have selected, and you consent to any price
changes for such services after e-mail notice has been provided to you. Feelrlive
takes reasonable steps to ensure that the prices set forth on the Website are
correct, and to accurately describe and display the items available on the
Website. If the correct price of our product is higher than its stated price,
we will, at our discretion, either contact you for instructions or cancel your
order and notify you of such cancellation. When ordering products or
services, please note that Feelrlive does not warrant that product or service
descriptions are accurate, complete, current, or error-free, or that packaging
will match the actual product that you receive. All sales are deemed final
except as provided otherwise. Feelrlive descriptions of, or references to,
products or services not owned by Feelrlive are not intended to imply
endorsement of that product or service or constitute a warranty by Feelrlive .
SECTION 10 – Disclaimer – Your Individual Results Will Vary Every online
business is different, employing different strategic approaches and organizational
structures, and offering different products and services. Therefore, individual
results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL
VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT
NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE Feelrlive does
not promise, guarantee, or warrant your business’ success, income, or sales.
You understand and acknowledge that Feelrlive will not at any time provide
sales leads or referrals to you or your business. Those businesses who purchase
our products or services will receive access to our course and training.
However, we do not guarantee your business’ success and based upon many market
factors that we cannot control, the software and tools we provide may or may
not be applicable to your specific business. Further, we do not make earnings
claims, efforts claims return on investment claims, or claims that our
software, tools, or other offerings will make your business any specific amount
of money, and it is possible that you will not earn your investment back. We do
not sell a business opportunity, “get rich quick” program, guaranteed system,
franchise system, or a business in a box. You should not purchase our products
or services if that is your expectation. Instead, you should purchase with the
understanding that using the information and training purchased will take time
and effort and may be applicable in some situations but not others. Also, we do
not offer any tax, accounting, financial, or legal advice. You should consult
your business’ accountant, attorney, or financial advisor for advice on these
topics. SECTION 11 – Your Responsibilities in Running Your Business You
represent and warrant that you operate a business in good-standing and you
agree that there are no prior or pending government investigations or
prosecutions against you or your business. You also agree that you and your
business will only use Feelrlive ’s products and services for lawful purposes
and that you shall not use such products or services, whether alone or in
connection with other software, hardware, or services, for any unlawful or
harmful purpose. You are solely and exclusively responsible for complying with
all applicable laws and regulations in running your business, including, but
not limited to, all laws governing advertising and marketing claims,
subscriptions, refunds, premium offers, tax laws, and all additional laws
applicable to your business. You agree to notify Feelrlive if any investigation
or lawsuit is threatened or filed against you, whereupon Feelrlive shall have
the right to terminate this Agreement without liability. Feelrlive shall have
no liability for your violation of any laws. You are solely and exclusively
responsible for collecting and reporting all sales and use tax, and any other
taxes, which may apply to sales of products or services by your business. Feelrlive
shall not be responsible to collect or report any taxes which may apply to your
business or sales of products or services by your business. You agree to
indemnify Feelrlive as set out below in the event that you and/or your business
violates any law and a claim is threatened or asserted against Feelrlive as a
result. SECTION 12 – Testimonials, Reviews, and Pictures/Videos Feelrlive is
pleased to hear from users and customers and welcomes your comments regarding
our services and products. Feelrlive may use testimonials and/or product
reviews in whole or in part together with the name, city, and state of the
person submitting it. Testimonials may be used for any form of activity
relating to Feelrlive services or products, in printed and online media, as Feelrlive
determines in its sole and exclusive discretion. Testimonials represent the
unique experience of the participants and customers submitting the testimonial,
and do not necessarily reflect the experience that you may have using our
services or products. As set forth above in Section 10, your results will vary
depending upon a variety of factors unique to and beyond Feelrlive ’s control.
Note that testimonials, photographs, and other information that you provide to
us will be treated as non-confidential and non proprietary, and, by providing
them, you grant Feelrlive a royalty-free, worldwide, perpetual, nonexclusive
and irrevocable license to use them. Additionally, Feelrlive reserves the
right to correct grammatical and typing errors, to shorten testimonials prior
to publication or use, and to review all testimonials prior to publication or
use. Feelrlive shall be under no obligation to use any, or any part of, any
testimonial or product review submitted. You may post reviews, comments,
photos, videos, and other content; send e-cards and other communications;
and submit suggestions, ideas, comments, questions, or other information, so
long as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights
(including publicity rights), or otherwise injurious to third parties or
objectionable, and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of “spam” or unsolicited commercial electronic messages. You
may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of a card or other content. Feelrlive reserves
the right (but not the obligation) to remove or edit such content but does not
regularly review posted content. If you do post content or submit
material, and unless we indicate otherwise, you grant Feelrlive a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, perform, translate, create derivative works
from, distribute, and display such content throughout the world in any media.
You grant Feelrlive and sublicensees the right to use the name that you submit
in connection with such content if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply does not
violate this policy and will not cause injury to any person or entity; and that
you will indemnify Feelrlive for all claims resulting from content you supply. Feelrlive
has the right but not the obligation to monitor and edit or remove any activity
or content. Feelrlive takes no responsibility and assumes no liability for any
content posted by you or any third party. SECTION 13 – Compliance with
the Laws, Including Commitment Against Harassment and Interference with Others
(“Targeting”) As a Feelrlive user, you must comply with all laws, both
U.S. and foreign, including, but not limited to, laws prohibiting deceptive and
misleading advertising and marketing, e-mail marketing laws (including
the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws
(including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and
the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. §
310)), laws governing testimonials (including the Federal Trade
Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)),
and/or any similar laws, laws relating to intellectual property, privacy,
security, terrorism, corruption, child protection, or import/export laws.
You are solely responsible for ensuring their compliance with all applicable
laws, rules, regulations, and court orders of any kind of any jurisdiction
applicable to you and your business, and any recipient to whom you send digital
messages using our products or services. You have the responsibility to be
aware of, understand, and comply with all applicable laws and ensure that you
and all users of your account comply with such applicable laws at all
times. If you use any messaging software, or any other messaging system or
other software or hardware provided by you or a third-party, you agree that you
will follow all applicable laws with respect to sending messages, including
without limitation the federal Telephone Consumer Protection Act. You further
agree to indemnify and defend Feelrlive from any claims, damages, losses, and
lawsuits of any kind or nature that may be made or brought against Feelrlive relating
in any way to your violation of law or third-party rights by use or misuse of
any messaging software or hardware, whether provided by Feelrlive . You further
understand and agree that Feelrlive has no control over, and therefore cannot
be responsible for, the functionality or failures of any third-party software,
including without limitation Facebook, Facebook Messenger, and internet browser
notifications. Feelrlive DOES NOT WARRANT THAT ANY Feelrlive MESSAGING SOFTWARE
WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND
EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR
HARDWARE. COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH
OTHERS. You must not use our services, whether alone, or in connection
with other software or hardware, to: (i) store, distribute, or transmit
any malware or other material that you know, or have reasonable grounds to
believe, is or may be tortious, libelous, offensive, infringing,
harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid,
or abet any behaviour, which you know, or have reasonable grounds to believe,
is or may be tortious, libelous, offensive, infringing, harassing, harmful,
disruptive, or abusive. SECTION 14 – Disclaimers of Other Warranties EXCEPT
WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW: THE WEBSITE AND ALL
CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND
WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.
WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE
OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR
ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE,
SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR
RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS
IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S)
THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW. SECTION 15 – Limitations of Liabilities
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT
SHALL Feelrlive OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR
AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY,
CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS
ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE
SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE
WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER Feelrlive
HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR
CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS,
LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL,
OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE
ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
SECTION 16 – Dispute Resolution by Mandatory Binding Arbitration and Class
Action Waiver PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND
YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT
ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED
THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE
THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR
BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO
APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING
A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER
AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR
OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS
PROCEEDING. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF
AN ARBITRATIONAWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN
INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE
AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A
COURT WOULD. If you have a complaint, dispute, or controversy, you agree
to first contact us at contact@feelr.live to attempt to resolve the dispute or
controversy informally. Any controversy or claim arising out of or related
to the use of the Website, any product, service, or software, these Terms, the
Privacy Statement, any affiliate agreement, or your relationship with us
that cannot be resolved through such informal process or through negotiation
within 120 days shall be resolved by binding, confidential arbitration
administered by the American Arbitration Association (“AAA”), and judgment on
the award rendered may be entered in any court having jurisdiction
thereof. We agree that any claim we may have against you or your business will
also be subject to his arbitration provision, except as provided in Sections 20
and 21 below. The arbitration will be conducted by a single neutral arbitrator
in the English language in the United States, unless we both agree to conduct
the arbitration by telephone or written submissions. The arbitrator shall be
selected by agreement of the parties or, if the parties cannot agree, chosen in
accordance with Rules of the AAA. The arbitration will be conducted in
accordance with the provisions of the AAA’s Commercial Arbitration Rules and
Procedures, in effect at the time of submission of the demand for arbitration.
The AAA’s Rules are available at
or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole
authority to resolve any dispute relating to the interpretation, construction,
validity, applicability, or enforceability of these Terms and Conditions of Use
and Sale, the Privacy Statement, this arbitration provision, and any other
terms incorporated by reference into these Terms and Conditions of Use and
Sale. The arbitrator shall have the exclusive and sole authority to determine
whether any dispute is arbitrable. The arbitrator shall have the exclusive and
sole authority to determine whether this arbitration agreement can be enforced
against a non-signatory to this agreement and whether a non-signatory to this
agreement can enforce this provision against you or Feelrlive . Payment of
all filing, administration, and arbitrator fees will be governed by the AAA’s
Rules. In all other respects, the parties shall each pay their own additional
fees, costs, and expenses, including, but not limited to, those for any
attorneys, experts, documents, and witnesses. The arbitrator shall follow
the substantive law of the State of Florida without regard to its
conflicts of laws principles. Any award rendered shall include a confidential
written opinion and shall be final, subject to appeal under the Federal Arbitration
Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. You and Feelrlive
agree that disputes will only be arbitrated on an individual basis and shall
not be consolidated, on a class wide, representative basis, or with any other
arbitration(s) or other proceedings that involve any claim or controversy of
any other party. You and Feelrlive expressly waive any right to pursue any
class or other representative action against each other. Failure or any
delay in enforcing this arbitration provision in connection with any particular
claim will not constitute a waiver of any rights to require arbitration
at a later time or in connection with any other claims except that all
claims must be brought within 1 year after the claim arises (the 1 year period
includes the 120 day informal resolution procedures described above). This
arbitration provision sets forth the terms and conditions of our agreement to
final and binding confidential arbitration and is governed by and enforceable
under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. This
provision survives termination of your account or relationship with Feelrlive ,
bankruptcy, assignment, or transfer. If the class action waiver is deemed
unenforceable (i.e., unenforceability would allow arbitration to proceed as a
class or representative action), then this entire arbitration provision shall
be rendered null and void and shall not apply. If a portion of this arbitration
provision (other than the class action waiver) is deemed unenforceable, the
remaining portions of this arbitration provision shall remain in full force and
effect. YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT
TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO
BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE
TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND
CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION. SECTION
17– Feelrlive s Additional Remedies In order to prevent or limit irreparable
injury to Feelrlive , in the event of any breach or threatened breach by
you of the provisions of this Agreement or any infringement or threatened
infringement by you of the intellectual property of Feelrlive or a third-party,
Feelrlive shall be entitled to seek a temporary restraining order and
preliminary and permanent injunctions or other equitable relief from a court of
competent jurisdiction located in California restraining such breach,
threatened breach, infringement, or threatened infringement. Nothing in this
Agreement shall be construed as prohibiting Feelrlive from pursuing in court
any other remedies available to it for such breach, threatened breach,
infringement, or threatened infringement, including the recovery of monetary
damages from you and your business. You and your business hereby irrevocably
consent to the exclusive personal jurisdiction of, and exclusive venue in, the
courts governing Cardiff, California, for all such claims, and forever
waive any challenge to said courts’ exclusive jurisdiction or venue. SECTION 18
– Indemnification To the fullest extent permitted by law, you agree to defend,
indemnify, and hold harmless Feelrlive , its directors, officers,
employees, shareholders, licensors, independent contractors, subcontractors,
suppliers, affiliates, parent companies, subsidiaries, and agents from and
against any and all claims, actions, loss, liabilities, damages,
expenses, demands, and costs of any kind, including, but not limited to
attorneys’ fees and costs of any litigation or other dispute resolution,
arising out of, resulting from, or in any way connected with or related
to (1) your use, misuse, or attempt to use the Website, software, products, or
services, (2) information you submit or transmit through the Website, (3)
your breach of these Terms, the documents they incorporate by reference, the
Agreement, or the representations and warranties provided by you in this
Agreement, or (4) your violation of any law or the rights of a
third-party. SECTION 19 – Notice and Takedown Procedures; Digital
Millennium Copyright Act If you believe that materials or content available on
the Website infringes any copyright you own, you or your agent may send Feelrlive
a notice requesting that Feelrlive remove the materials or content from the
Website. If you believe that someone has wrongly filed a notice of copyright
infringement against you, you may send Feelrlive a counter-notice. Notices and
counter-notices should be sent to Feelrlive , Attention Legal Department, 3906
US Highway 98W #1484, Santa Rosa Beach, 32459 Florida, United States, or by
e-mail to contact@feelr.live. These Terms fully incorporate by reference the
DMCA Policy. SECTION 20 – THIRD-PARTY LINKS The Website may contain links to
other websites. The views, information or opinions expressed on or during any Feelrlive
or otherwise publicized on our online and mobile resources are solely those of
the creating authors or contributors and not those of Feelrlive Consulting, Inc
or either of its parent companies. Further, Feelrlive Consulting, Inc is not
responsible for and does not verify the accuracy of any of the information
contained in any Feelrlive or content. The primary purpose of these resources
is to educate, inspire and inform. Some authors’ or contributors’ content may
discuss strategies and methods for earning income in business, and you should
feel free to reach out to those authors or contributors about their proof that such
strategies and methods work. Feelrlive assumes no responsibility for the
content or functionality of any non-Feelrlive website to which we provide a
link. Please see our Privacy Statement for more details. SECTION 21 –
Termination This Agreement will take effect (or shall re-take effect) at the
time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”,
“SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links
or buttons, otherwise submit information through the Website, respond to a
request for information, begin installing, accessing, or using the
Website, complete a purchase, select a method of payment, and/or enter in
payment method information, whichever is earliest. If, in our sole discretion,
you fail, or we suspect that you have failed, to comply with any term or
provision of the Agreement or violated any law, whether in connection with your
use of Feelrlive or otherwise, we may terminate the Agreement or suspend your
access to the Website at any time without notice to you. Sections 10, 18, 20
through 30 of this Agreement, as well as any representations, warranties, and
other obligations made or undertaken by you, shall survive the termination of
this Agreement and/or your account or relationship with Feelrlive . Upon
termination, you remain responsible for any outstanding payments to Feelrlive .
SECTION 22 – No Waiver No failure or delay on the part of Feelrlive in
exercising any right, power or remedy under this Agreement may operate as a
waiver, nor may any single or partial exercise of any such right, power, or
remedy preclude any other or further exercise of such right, power, or remedy,
or the exercise of any other rights, power, or remedy under this Agreement. A
waiver of any right or obligation under this Agreement shall only be effective
if in writing and signed by Feelrlive . SECTION 23 – Governing Law and
Venue This Agreement and any issue or dispute arising out of or otherwise
related to this Agreement or your access to or use of the Website, our Privacy
Statement or any matter concerning Feelrlive , including your purchase and use
or attempted use of any service or product, shall be governed exclusively by
the laws of State of California without regard to its conflicts of laws
principles. To the extent that any claim or dispute is found by the
arbitrator or (if proper) a court of competent jurisdiction to be
excluded from the arbitration agreement in Section 17 above, the parties
agree any such claim or dispute shall be exclusively brought in and decided by
the state or federal courts located in California, and you hereby irrevocably
consent to the exclusive personal jurisdiction of, and exclusive venue
in, such courts, and forever waive any challenge to said courts’ exclusive
jurisdiction or venue. All such claims must be brought on an individual and
non-class, nonrepresentative basis, and you forever waive any right to bring
such claims on a class wide or representative basis. SECTION 24 – Force
Majeure Feelrlive will not be responsible to you for any delay, damage, or
failure caused or occasioned by any act of nature or other causes beyond our
reasonable control. SECTION 25 – Assignment Feelrlive may assign its
rights under this Agreement at any time, without notice to you. Your rights
arising under this Agreement cannot be assigned without Feelrlive (or its
assigns’) express written consent. SECTION 26 – Electronic Signature All
information communicated on the Website is considered an electronic
communication. When you communicate with Feelrlive through or on the Website or
via other forms of electronic media, such as email, you are communicating with
the company electronically. You agree that we may communicate electronically
with you and that such communications, as well as notices, disclosures,
agreements, and other communications that we provide to you electronically, are
equivalent to communications in writing and shall have the same force and
effect as if they were in writing and signed by the party sending the
communication. SECTION 27 – Changes To The Agreement You can review the
most current version of the Terms at any here. We reserve the right, at our
sole discretion, to update, change or replace any part of the Agreement,
including the Privacy Statement located at Privacy Statement by posting updates
and changes to our Website. It is your responsibility to check our Website
periodically for changes. Your continued use of or access to our Website
following the posting of any changes to the Agreement constitutes acceptance of
those changes. SECTION 28 – Your Additional Representations and Warranties You
hereby further represent and warrant: (1) that you are at least eighteen (18)
years of age, or the legal age of majority in your jurisdiction,
whichever is greater; (2) that you own, operate, and/or have the right to bind
the business for which you are using the Website; (3) have read this
Agreement and thoroughly understand and agree to the terms contained in this
Agreement; and (4) that you will not resell, re-distribute, or export any
product or service that you order from the Website. You further represent that Feelrlive
has the right to rely upon all information provided to Feelrlive by you, and Feelrlive
may contact you and your business by email, telephone, or postal mail for any
purpose, including but not limited to (i) follow-up calls, (ii) satisfaction
surveys, and (iii) inquiries about any orders you placed, or considered placing,
on or through the Website. You further represent and warrant that there
are no prior or pending government investigations or inquiries of, or
prosecutions against you, or any business related to you, by the Federal Trade
Commission, any other federal or state governmental agency, or any industry
regulatory authority, anywhere in the world, nor any prior or pending private
lawsuits against you. If at any time during the life of the Agreement you, or
any business related to You, becomes the subject of a government investigation,
inquiry, or prosecution by the Federal Trade Commission, any other federal or
state governmental agency, or any industry regulatory authority anywhere in the
world, or the subject of any lawsuit, you will notify Feelrlive of the same
within 24 hours. Feelrlive , at its sole discretion, may terminate the
Agreement based on any investigation, proceeding, or lawsuit identified
pursuant to this paragraph or otherwise discovered by Feelrlive without
incurring any obligation or liability to you. SECTION 29 –
Severability If any provision of this Agreement is found by the
arbitrator or (if proper) a court of competent jurisdiction to be invalid or
unenforceable, the remaining provisions shall not be affected thereby and shall
continue in full force and effect and such provision may be modified or severed
from this Agreement to the extent necessary to make such provision enforceable
and consistent with the remainder of the Agreement. SECTION 30 – Entire
Agreement These Terms, the Agreement, and any policies or operating rules
posted by us on the Website or in respect to the Website constitutes the entire
agreement and understanding between you and your business and Feelrlive and
governs your access to and use of the Website and your ordering, purchasing,
and use and/or attempted use of any service or product, and supersedes and
replaces any prior or contemporaneous agreements, representations,
communications, and proposals, whether oral or written, between you and Feelrlive
. We may also, in the future, offer new services and/or features through the
Website. Such new features and/or services shall also be subject to these
Terms, the Agreement, and any policies or operating rules posted by us on the
Website. Any ambiguities in the interpretation of these Terms or the Agreement
shall not be construed against the drafting party. SECTION 31 – Contacting Us
We encourage our customers to contact us with questions or comments about our
products and services. Please feel free to do so by sending an e-mail to contact@feelr.live.If
you have any questions or inquiries concerning any of the Terms, you may
contact Feelrlive by email at contact@feelr.live or by regular mail at
Bartle House, Oxford Court, Manchester, M2 3WQ
. Note on how we can communicate with you:
By agreeing to our terms of service a prospect agrees to receive snail mail,
email, phone and automated prerecorded voice message solicitations from Feelrlive
, including its various business divisions, affiliates, partners, vendors, list
managers and clients who purchase our lists. You also agree to be contacted on
a recurring basis for as long as you are a part of our sms/mms mobile message
marketing program. We may sell the personal information that you supply to us
and we may work with other third party businesses to bring selected retail
opportunities to our members via direct mail, email, SMS, text and
telemarketing (including but not limited to pre recorded phone messages) .
Filling out any forms on our pages constitutes my signature and agreement that
the Feelrlive and it’s representatives, agents, and partners may contact me by
telephone (including at my wireless telephone number), email, SMS, or
pre-recorded message at the information I provided through this website, and I
understand and agree that this consent applies even if my number is listed on a
state or federal do-not-call list. By filling out any of our forms you also
agree that you cannot “build a case” against Feelrlive (by counting infractions
per solicitation) because by submitting any forms or filling out any
information signifies that you are requesting to be contacted by email,
including SMS, text, pre-recorded phone calls. In no event shall either party
be liable for special, indirect, incidental, or consequential damages,
including, but not limited to, loss of use, or loss of profits. Message and
data rates may apply. Prospect agrees he/she is solely responsible for any and
all third party fees a prospect may incur when being contacted by Feelrlive and
its business divisions, affiliates, partners, clients, vendors and list
managers. By filling out ANY of our forms you also forfeit your right to
litigate against Feelrlive based on any previously alleged infraction (alleged
infractions prior to you submitting any forms) including but not limited to
SMS, email, or robo-dial. If any of the terms are held unenforceable, the
reminder of the terms shall remain in effect. Please DO NOT digitally sign
this agreement by submitting any forms on any of our websites if you do not
agree with our terms and conditions. To unsubscribe from email, phone, sms, or
robo-dialing mediums please send an email to contact@feelr.live and include the
phone number and or email address you wish to be removed.