Welcome to Featherstonesinc.com’s User Agreement. This Agreement describes the terms and conditions applicable to you and all other people (collectively referred to herein as “Users”) for the use of our site and services at Featherstonesinc.com (herein referred to as “the site”). Please read this User Agreement carefully, because by using the site, Users automatically agree to be bound by these Terms. As a User, if you do not agree to be bound by this User Agreement, you must exit the site immediately. Your continued use constitutes your agreement to be bound by the terms of the User Agreement.
Please be advised that we may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site. This Agreement may not be otherwise amended. You will be informed of the date of any amendments to this Agreement.
Featherstonesinc.com is intended for people 18 or over. All of our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify for particular services, you may not use them. We do not assume any responsibility for any misrepresentations regarding your age or parental permission to use this site and we will not honor any agreements made by any misrepresentations, fraud or falsities. You are required to provide certain information regarding your medical history in the Registration Section of the Site. Pursuant to this User Agreement, you are required to provide all information accurately. In keeping therewith, our services are not available to Users who provide false or inaccurate information or for those who may be temporarily or indefinitely suspended from using Featherstonesinc.com.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, shareholders, customers, suppliers, service providers, agents, and employees harmless from and against any claim or demand, including reasonable attorneys fees, which may be due to any third party arising out of your breach of this Agreement, your breach of any applicable terms and conditions or policies of any Third Party Marketplace Site, or your violation of any law or the rights of any third party.
Member Code Of Conduct:
All information, data, text, music, sound, photographs, video, messages or other content — whether publicly posted or privately transmitted — is the property of Featherstonesinc.com, Inc.
The Featherstonesinc.com staff can, whenever they feel like it, for any reason or no reason at all, edit or delete any content displayed on, uploaded to, distributed or otherwise published through the site. Users are entirely responsible and liable for all of their activities on the site. Listed below are some, but not all, violations that may result in termination of a user’s access to the site. By using this site, users agree not to do any of the following:
Upload, post, email or otherwise transmit any content that is illegal.
Invade another User’s privacy. This includes revealing another User’s password, phone number, address or any other personally identifiable information. Featherstonesinc.com discourages users from revealing their personal information to anyone they don’t know.
Create member names, or post or send messages that denigrate, threaten, abuse or harm others on the basis of race, culture, religion or sexual orientation.
Harass, stalk or send unwanted messages.
Transmit or solicit extremely sexually explicit messages, text or photographs.
Impersonate another user or a member of the Featherstonesinc.com staff.
Post or send messages that tell other members how to potentially harm themselves or others.
Post off topic messages.
Transmit unsolicited messages that advertise or link to businesses, sites, programs or other unauthorized commercial ventures. This includes junk mail, spam, bulk mailings, unauthorized promotional materials and pyramid schemes.
Forge headers or otherwise change identifiers in order to disguise the origin of any content transmitted through Featherstonesinc.com’s service.
Upload, post, email or otherwise transmit any content that they do not have a right to transmit under any law or contractual relationship. This includes proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements, and any other inside information.
Transmit anything that violates any patent, trademark, copyright or other proprietary rights of another party.
Upload, post, email, fax or otherwise transmit material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or equipment.
Interfere with the site’s servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to Featherstonesinc.com
Intentionally or unintentionally violate any applicable local, state, national or international law.
Users who engage in any of the conduct listed above may be subject to suspension or termination from eligibility to use this site or civil and/or criminal prosecution. Featherstonesinc.com considers any interference with its site a very serious matter and will prosecute any such individuals to the fullest extent allowable by law.
All Users agree to fill out a registration form. In filling it out, Users agree to provide accurate and current information about themselves. Please see the Registration Section of Featherstonesinc.com’s Site for more detail. IN THIS SECTION, YOU WILL BE REQUIRED TO PROVIDE CERTAIN INFORMATION REGARDING YOUR MEDICAL HISTORY. Any intentional inaccuracies in the provision of any information shall make any agreements null and void. You are solely responsible for guaranteeing the accuracy of the same and you hereby understand, represent and agree that you will do the same.
FEATHERSTONESINC.COM IS NOT LIABLE FOR ANY CLAIMS THAT MAY ARISE OUT OF THE PROVISION OF ANY FALSE OR INACCURATE INFORMATION PROVIDED BY YOU. YOU HEREBY REPRESENT, WARRANT AND AGREE THAT THE FAILURE TO PROVIDE ACCURATE MEDIACL INFORMATION SHALL RESULT IN THE WAIVER OF ANY LEGAL CLAIMS WHATSOEVER AGAINST FEATHERSTONESINC.COM, ITS AGENTS, REPRESENTATIVES AND ASSIGNS.
YOU DO HEREBY EXPRESSLY AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR AGENTS, REPRESENTATIVES AND ASSIGNS FOR ANY CLAIMS ARISING OUT OF YOUR FAILURE TO PROVIDE ACCURATE MEDICAL INFORMATION OR FROM ANY BREACH OF THIS AGREEMENT OF ANY KIND.
Information Provided by Users:
Users are responsible for providing accurate, timely and complete information to us in connection with their registration for and use of the Site. Featherstonesinc.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in public areas on the Site (including, without limitation, posting on bulletin boards or chat—collectively referred to herein as “Public Areas”). Users hereby grant Featherstonesinc.com an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in any Public Areas should Users be provide such a forum.
YOU DO HEREBY WARRANT AND REPRESENT THAT YOU ARE THE LEGAL COPYRIGHT OWNER OF ANY MATERIAL YOU POST TO THIS SITE. SHOULD YOU FAIL TO ABIDE BY THESE REPRESENTATIONS, FEATHERSTONESINC.COM DOES HEREBY MAINTAIN THE RIGHT TO TERMINATE YOUR MEMBERSHIP IMMEDIATELY WITHOUT RETURN OF ANY COPYRIGHTED MATERIALS OR ANY MONIES INCURRED IN CONNECTION THEREWITH.
As set forth herein, any submissions to Public Areas will be public, and Featherstonesinc.com will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
Your Access to the Site:
Only registered Users are authorized to use certain sections of the site. You will be alerted as to those areas the access to which requires registration. Access to and use of those areas is restricted to authorized Users only. Unauthorized individuals attempting to access these areas may be subject to prosecution. Users are required to register in order to obtain access to CERTAIN PORTIONS of the site.
Password and Security:
When Users register with Featherstonesinc.com, each gets to choose a password. Users need a password not only to sign on to the site, but also to access e-mail, calendar, homepage and other applications, and to change preferences (delete, edit or add submitted information, opt in or out of promotions and newsletters, etc.). Each User is responsible for keeping his or her password secret. If someone who says they are Featherstonesinc.com staff asks for any personal account information, including password, check their URL. If it doesn’t say they are staff@Featherstonesinc.com, they’re not. If someone gains unauthorized access to an account, change your password and notify Featherstonesinc.com immediately. Featherstonesinc.com is not liable for any loss or damage resulting from your failure to comply with these recommendations.
Users may make a single copy of pages from the Site or of any other content or graphics that Featherstonesinc.com has expressly stated you may copy on their hard drive or in print for their own personal, non-commercial use. No other use of information is authorized. In consideration of this authorization, Users agree that any copy of these materials will retain all copyrights, trademarks and other proprietary notices in the same form and manner as on the original.
Users agree to abide by the Featherstonesinc.com Member Conduct Code, which is incorporated in this User Agreement by reference, at all times. Any conduct by Users that violates the Featherstonesinc.com Member Conduct Code in any way may result in the suspension or termination of their access to the Site, at Featherstonesinc.com’s sole discretion, in addition to any other remedies set forth herein or otherwise applicable in law or equity.
All areas of the Site are public and not private communications. Featherstonesinc.com does not endorse chat, postings, conferences and other communications by Users, and such communications shall not be considered, reviewed, screened or approved by Featherstonesinc.com. Anytime — with the exception of private e-mail — Users upload to, distribute content or publish through Featherstonesinc.com, they grant Featherstonesinc.com the right to edit, copy, remove, distribute, create derivative works from and publish such content in any form and medium, whether electronically or in hard copy, and whether alone or as part of a collective work. Users shall retain, however, whatever other rights they have in pre-owned elements of such content.
Users acknowledge that any information they post in publicly accessible areas such as Featherstonesinc.com home pages, message boards, Chats, event boards, event calendar, can be seen and used by anybody. It is the Users’ responsibility to protect themselves while on Featherstonesinc.com., as Featherstonesinc.com is not liable for anything that occurs as a result of voluntary communication of personal information.
“Your Information” is defined as any information you provide to us or other users in the registration, process, in any public message area (including, but not limited to, our chat room), through any e-mail feature or through traditional mail. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
Your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers.
Solely to enable Featherstonesinc.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
Moderation and Termination:
Third Party Payment Processors
The Featherstonesinc.com uses third-party electronic payment processors and financial institutions (“Payment Processors“) to process deposits and withdrawals into and from your Account. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle Account deposits and withdrawals from your Account and you irrevocably agree that the Featherstonesinc.com may give such instructions on your behalf in accordance with your requests as submitted through the our site, or via instructions to Customer Care. You agree to be bound by the terms and conditions of use of each applicable Payment Processor, and in the event of a conflict between these Terms of Service (including the Account Policy) and the Payment Processors’ terms and conditions, then these Terms of Service shall prevail. You agree that the Featherstonesinc.com is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your use of this site, except as a result of the gross negligence of the Featherstonesinc.com or its employees.
The Site may contain hyperlinks to web sites operated by parties other than Featherstonesinc.com Such hyperlinks are provided for reference and convenience only. Featherstonesinc.com does not control such web sites, and is not responsible for their content. Just because Featherstonesinc.com has hyperlinks to such web sites does not mean Featherstonesinc.com endorses any of the material on such web sites, or has any association with their operators.
Users further acknowledge that use of any Web site controlled, owned or operated by third parties is governed by the terms and conditions of use for those Web sites, and not by Featherstonesinc.com’s User Agreement. Links to external Web sites (including external Web sites that are framed by Featherstonesinc.com) or inclusions of advertisements do not constitute an endorsement by Featherstonesinc.com of such sites or the content, products, advertising or other materials presented on such sites, but are for User’s convenience. Users access them at their own risk. Featherstonesinc.com expressly disclaims any liability for any damages whatsoever incurred by any User in connection with the use of any web sites the access to which was found through this site.
Intellectual Property Rights:
All text, graphics, editorial content, data, formatting, graphs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, “Proprietary Material”) that Users see or read on the Site is owned by Featherstonesinc.com or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Featherstonesinc.com owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called “Permitted Uses,” Users may not copy, download, use redesign, reconfigure or re-transmit anything from the Featherstonesinc.com Site without Featherstonesinc.com’s prior express written permission. Furthermore, Users are not allowed to post or distribute any material they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations, and subject Users to termination from the use of this site or civil or criminal penalties.
In addition, the Site contains material protected by the domestic and international laws of copyright, patents or other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Featherstonesinc.com and/or the relevant right holder.
Notice of Trademark Rights
Copyright Complaints and Copyright Agent
Featherstonesinc.com respects the intellectual property of others, and asks Users to do the same. Featherstonesinc.com is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, we ask Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users’ copyrights, please provide Featherstonesinc.com’s Copyright Agent with the following information:
1. An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material that you claim is infringing is located. Include enough information to allow Featherstonesinc.com to locate the material and explain why you believe an infringement has taken place; 3. A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 4. Your address, telephone number and email address; 5. A 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 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Featherstonesinc.com’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By email: copyright@Featherstonesinc.com
Featherstonesinc.com will terminate access to the Site of those who engage in repeated acts of infringement.
You and Featherstonesinc.com are not legally affiliated in any way by virtue of your membership or usage of Featherstonesinc.com’s site or intellectual property other then the terms and conditions stated in this User Agreement and no independent contractor, agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Disclaimer of Warranties:
USER EXPRESSLY AGREES THAT THE USE OF THE SITE IS AT USER’S SOLE RISK. NEITHER FEATHERSTONESINC.COM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” 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. NEITHER FEATHERSTONESINC.COM NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE INFORMATION. FEATHERSTONESINC.COM AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. FEATHERSTONESINC.COM AND AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE SPECIFIED BY USERS. FEATHERSTONESINC.COM CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD FEATHERSTONESINC.COM ANY AND AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE. FEATHERSTONESINC.COM AND AFFILIATES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE
LIMITATION OF LIABILITY:
IN NO EVENT WILL FEATHERSTONESINC.COM, ITS AFFILIATES, VENDORS, SUPPLIERS OR BUSINESS PARTNERS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. USERS’ SOLE REMEDY FOR DISSATISFACTION WITH FEATHERSTONESINC.COM IS TO STOP USING THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT FEATHERSTONESINC.COM’S AND AFFILIATES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE HIGHER OF $1,000 OR THE LOWEST PERMITTED UNDER APPLICABLE LAW.
Because we are not involved in the actual contact between users, in the event that you have a dispute with one or more users, you release Featherstonesinc.com (and our officers, directors, agents, investors, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We do not control the information provided by other users which is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice reasonable care when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. We cannot be held responsible for these risks. By using this web site and continuing its use, you release Featherstonesinc.com from any and all claims or controversies or damages of any kind that may arise as a result of the usage of this site as so set forth in the paragraph above.
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in a Court of competent jurisdiction located in the State of Massachusetts and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Featherstonesinc.com may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Massachusetts necessary to protect the rights or property of you or Featherstonesinc.com pending the completion of arbitration.
We sincerely hope you enjoy using the Site and find it instructive in your pursuits!