FullFeel is an online platform which has the purpose of performing a marketplace function by allowing food vendors and consumers to connect and buy or sell cottage food. This collection of FullFeel Terms & Conditions (this “Terms & Conditions”) applies to any and all use of the FullFeel LLC website at https://www.ffmarketplace.com (“Website”). In these Terms & Conditions, “FullFeel” and “we” mean FullFeel LLC, a Utah limited liability company, and/or “User” and “you” mean any User of the Services. This Terms & Conditions incorporates FullFeel’s standard policies, procedures, and terms and conditions for use of the Website that is referenced by name or by links in this Terms & Conditions. By accessing or using the ffmarketplace.com website or clicking “accept” or “agree” to this Terms & Conditions, (1) you acknowledge that you have read, understand and agree to be bound by this Terms & Conditions, and (2) you represent and warrant that you are at least eighteen (18) years old and are not prohibited by law from accessing or using the Website. THIS TERMS & CONDITIONS CONTAINS, AMONG OTHER THINGS, LIABILITY AND INDEMNITY PROVISIONS AND AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. FullFeel may update or revise this Terms & Conditions from time to time without any prior notice to User. You agree that you will review this Terms & Conditions periodically. You are free to decide whether or not to accept a modified version of this Terms & Conditions, but accepting this Terms & Conditions, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Terms & Conditions. If you do not agree to the terms of this Terms & Conditions or any modified version of this Terms & Conditions, your sole recourse is to immediately terminate your use of the website, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by FullFeel, any use of this website is subject to the version of this Terms & Conditions in effect at the time of use.
Part I – Ordering Services
1. Product Order
FullFeel provides Ordering Services for the sole purposes of providing Users information on the apparent availability of food products and assisting them in the cottage food market, including but not limited to homemade products, products grown in a backayard, or any other food products produced at non-industrial properties. In response to a User’s online request for a reservation through the FullFeel Website, User communicates directly with the applicable individual holding/operating said product (the Vendor of the Listing) regarding such order request. The availability of products is determined at the time of a User’s query, and FullFeel makes no representation or warranty (i) regarding the accuracy of any data (including, but not limited to, reservation availability data) received from any Vendor. Each Vendor is an independent third party and is not under the control of FullFeel. FullFeel is not a guarantor, agent, or otherwise affiliated with any Vendor. You acknowledge that each Vendor may have its own policies, terms, and conditions. By using the Ordering Services, you agree to receive order confirmations by FullFeel messaging after requesting an order through the Ordering Services. For the avoidance of doubt, FullFeel does not in any way provide food products of any kind or operate any production space. FURTHER, FULLFEEL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR 1) THE SAFETY OF ANY PERSON, PROPERTY, OR FOOD CONSUMED OR 2) THE ACTUAL AVAILABILITY OF ANY FOOD PRODUCT. CONSUMPTION OF, OR A PURCHASE THROUGH THE FULLFEEL WEBSITE WILL IN NO WAY BE CONSIDERED A WARRANTY, GUARANTEE, OR OTHER REPRESENTATION THAT A SPECIFIC PRODUCT IS AVAILABLE BY ANY VENDOR AT ANY GIVEN TIME. FULLFEEL DISCLAIMS ANY AND ALL LIABILITY FOR FOOD POISONING, ALLERGIC REACTIONS, CONTAMINATION, AND CONSUMPTION OF AN UNDESIRED ITEM, OR OTHER CONSEQUENCES THAT MAY ARISE FROM USING THE FULLFEEL WEBSITE AS A METHOD TO ORDER AND CONSUME COTTAGE FOOD.
2. Calculation of Product Prices; Payment Authorization; Taxes
You acknowledge that FullFeel does not determine product prices with Vendor. The product prices displayed on the FullFeel Website are determined solely by the Vendor and FullFeel’s fees are in direct relation to the price set by the Vendor. You agree to pay in full the price displayed on the Website for the total order price, which includes the product price plus, where applicable, service fees, and taxes at the time of your order request. All orders and other transactions consummated through the FullFeel Website will be turned over to the relevant Vendor, and thereafter, a User may be required to enter into a separate agreement with that relevant Vendor. You acknowledge and confirm that you are authorized and permitted to use any credit card that you register on the FullFeel Website. When you fund a transaction, you agree that FullFeel is not in any way responsible or liable for the transaction. You acknowledge that FullFeel may collect taxes for remittance to applicable taxing authorities.
The price of a product will be determined by the Vendor with the legal right to commercialize cottage food. Prices may change from time to time and at any time. Despite FullFeel’s best efforts, some of the products listed on the Website market may be incorrectly priced. FullFeel is under no obligation to fulfill an Order, even after you have been sent confirmation of your Order. We do not guarantee that pricing for Orders will be the best available at the time of reservation or reservation request.
5. Usage Guidelines
User agrees to use the website ffmarketplace.com only to purchase Products for User’s own use. Resale or attempted resale of Products is grounds for, among other things, cancellation of your Order and termination of your access to the Website. FullFeel expressly reserves all its rights and remedies under applicable state and federal laws. FullFeel reserves the right, in its sole discretion, to refuse service, terminate User accounts, remove or edit content, or cancel Orders. User also agrees not to contact or attempt to contact Vendors by means other than the Website with intent to conduct a transaction for a Product listed with the Website. You also agree not to use the Services to solicit or offer other Users goods or services of any kind beyond reserving and renting parking spaces.
6. Cancellations and Violations
By requesting a Product, you are agreeing to pay the rate published at that time for the requested period. If you later choose to cancel the Order, you agree to be subject to the FullFeel Cancellation Policy which is subject to change without notice.
7. Damage to Person or Property
By consenting to this Terms & Conditions you acknowledge that when you agree to purchase a Product, you are choosing to buy a Product offered by the Vendor at your own discretion. By agreeing to these terms, you acknowledge that FullFeel is not the owner or operator of any Product available for purchase via the Website and is not responsible for any damage, or loss to property or person that may occur while engaged with a Vendor. All transactions are entered into at your own risk. We cannot and do not guarantee in any way your security.
8. Payment Escrow, Distribution, and Chargebacks
Part II – Vendor Services
9. Appointment as Agent
By creating a Listing in the Website and becoming a Vendor, you appoint FullFeel as your agent for the purposes of connecting your offered products with Clients looking for cottage food and forming binding agreements between you and Clients using the Website. You also appoint as your agent for the collection and distribution of your fees and you agree to pay a fee to FullFeel for every transaction for these services.
10. Legal Right to Commercialize Cottage Food
FullFeel provides tools and features that enable Vendors to list their Products for commercialization. By using the Website to list an available Product, you are attesting that you have the right to commercialize cottage food. It is your responsibility to be aware of and abide by all local laws, codes, and neighborhood policies. FullFeel is in no way responsible for any repercussions stemming from your failure to make yourself aware of and abide by your local laws and regulations.
11. Vendor Service Fees
By listing your property with the Website you agree to pay a portion of the gross parking cost to FullFeel as a service fee for all completed transactions. FullFeel may change its fees or fee structure at any time without notice.
12. Usage Guidelines
As a Vendor, you agree not to contact or attempt to contact Clients with intent to conduct a transaction in relation to a Product that you have listed with the Website by means other than the Website. You also agree not to use the Services to solicit or offer other Users goods or services of any kind beyond reservation and rental of parking spaces
Part III – Terms for the Website
13. Access to the Website
At present, the Website is free to access, but in order to access a majority of the features offered in the Website, you will be required to submit basic personal information.
14. Your Account
You are required to create an account as a Client or Vendor with FullFeel through the Website Application (“Account”) in order to use the Order services. You are not permitted to register or maintain more than one (1) Account. We reserve the right to suspend or delete your Accounts if we believe that you are maintaining multiple Accounts or believe you have breached this Terms & Conditions in any way. When registering for an Account, you must provide true, accurate, current and complete data about yourself on the FullFeel registration form. You agree that you will not falsify any information about your identity, or impersonate another identity, or create an account with a fictitious identity. You also agree to promptly update your Account data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify FullFeel of any unauthorized use of your Account or any other breach of security related to your use of the Website. FullFeel will not be liable for any misuse or unauthorized access to any Client or Vendor’s Account.
15. Communications from FullFeel
16. User-Generated Content
FullFeel provides a platform for Users to create and publish content of their creation. By publishing and displaying content of any kind on the Website you hereby assign and transfer copyright, and all other rights to such content, to FullFeel. For the avoidance of doubt, we are permitted to use any content posted by you to the Website for any of our business purposes. This right will still apply after the termination of your registration or membership. You may not use the Website for any unlawful purpose or any purpose that violates any local policies, or to publish any content that may, at FullFeel’s sole discretion, be deemed offensive, inaccurate, misleading, defamatory, fraudulent, or illegal. Users are not entitled to publish any content that could be construed as an advertisement or offer for anything other than food products that fall within this set of Terms & Conditions. FullFeel reserves the right to remove any content from the Website at any time at our sole discretion and without notice.
17. Promotional Uses
By accepting these Terms & Conditions you agree to allow FullFeel to use any of your quotes, photos or videos pertaining to FullFeel, including images and videos of you, as part of FullFeel’s media and promotional outreach.
18. Complaints and Disputes Between Users.
In the case of a dispute between you and another User, you agree that you will first attempt to resolve the matter through direct communication with the User. In the event that the dispute cannot be resolved through direct communication, you may file a support ticket and request that FullFeel assists in resolving the matter. By doing so you authorize FullFeel to deal with the dispute or complaint as we deem appropriate. You also authorize us to use any and all funds we, or our merchant partners, may be holding on your behalf to resolve the matter. You additionally authorize us to deduct funds from or charge any payment method which you have registered with the Website for any amount up to $350 USD in order to resolve the matter.
19. Technical Requirements
Use of the Website requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Website, including from any notifications provided by the Website. FullFeel does not guarantee that the Website will be compatible with all devices or will be supported by all mobile carriers. Your access to the Website may be occasionally restricted or blocked to allow for repairs, maintenance, or the introduction of new features. In these cases, we will attempt to restore access as soon as reasonably possible. Any such interruptions to the Website shall not constitute a breach of these terms by FullFeel. FullFeel will not be responsible for any failure or inability to make good on an agreement between yourself and another User caused by a technical difficulty, connection or communication issue, or any interruption of the Website.
20. Modifications to the Website
FullFeel reserves the right, in its sole discretion, to modify the Website from time to time and without any prior notice to User, including, without limitation, removing, adding, or modifying portions of the Website, and/or availability of certain Listings. FullFeel shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to immediately cease using the Website. Continued use of the Website following any such changes shall indicate your acknowledgment of, and consent to, such changes and satisfaction with all the Website.
21. Intellectual Property Rights and Grant of Rights to User
The features, information, and materials provided and depicted through the Website are protected by copyright, trademark, patent and other intellectual property laws, and are the sole property of FullFeel. All text, graphical content, video, data, and other content made available through the Website (collectively, the “FullFeel Content”) are provided to User by FullFeel or its partners or licensors solely to support User’s permitted use of the Website. The FullFeel Content may be modified from time to time by FullFeel in its sole discretion and without notice to User. Except as expressly set forth herein, no license, right, or interest is granted to User for any other purpose, and any other use of the Website or the FullFeel Content by User shall constitute a material breach of this Terms & Conditions. FullFeel and its partners or licensors retain all rights in and to the Website, FullFeel Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights.
22. Use Restrictions
The Website and FullFeel Content are offered solely for User’s personal use for the purposes described in this Terms & Conditions. Any and all other uses are prohibited. You agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Website or copy any FullFeel Content except as expressly authorized by FullFeel; (b) take any action that imposes or may impose (in FullFeel’s sole determination) an unreasonable or a disproportionately large load on the Website or FullFeel’s infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Website; (d) rent, lease, copy, provide access to, or sublicense any portion of the Website or FullFeel Content to a third party; (e) use any portion of the Website or FullFeel Content to provide, or incorporate any portion of the Website or FullFeel Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Website, except to the extent expressly permitted by applicable law (and then only with advance notice to FullFeel); (g) modify the Website or any FullFeel Content or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Website or FullFeel Content; (i) use the Website or FullFeel Content for any illegal purpose; or (j) publicly disseminate information regarding the performance of the Websiteor FullFeel Content or access or use the Website or FullFeel Content for competitive analysis or benchmarking purposes.
23. Export Control
You may not use, export, or re-export any of the FullFeel Content, or other aspects of the Website(or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
FullFeel may suspend your ability to use all or any element of the Website or may terminate this Terms & Conditions effective immediately, without any notice or explanation. Without limiting the foregoing, FullFeel may suspend your access to the Website if we believe you to be in violation of any part of this Terms & Conditions (including any associated FullFeel Policies). After any suspension or termination, you may or may not be granted permission to re-establish an Account, and you may lose access to and be unable to use any points accumulated towards any rewards program (if any) in effect at the time. You agree that FullFeel shall not be liable to you for any termination of this Terms & Conditions or for any effects of any termination of this Terms & Conditions. You are always free to discontinue your use of the Website at any time. You understand that any termination of your Account may involve deletion of any content you stored in your Account for which FullFeel will have no liability whatsoever.
25. Reviews, Comments, Communications and Other Content
We appreciate hearing from you. The Website may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Users and other third parties (“User Content”). You are solely responsible for all User Content you generate (and for your Account generally). Any such User Content must not be illegal, malicious, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, false, inaccurate, or otherwise injurious to third parties (including, but not limited to, any content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission for their rightful owner to specifically submit such content), or otherwise objectionable, and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. FullFeel reserves the right (but has no obligation) to monitor, remove, or edit User Content at FullFeel’s sole discretion, including if the User Content violates this Terms & Conditions (including any associated FullFeel Policies), but you acknowledge that FullFeel may not regularly review submitted User Content. If you do submit User Content, please be aware that unless we indicate otherwise, you grant FullFeel a non-exclusive, perpetual, royalty-free, irrevocable, and fully transferable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such content throughout the world in any media. FullFeel takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party. You agree to indemnify and hold any FullFeel Party harmless in the event FullFeel is named as a defendant in an action related to your User Content and you hereby affirm that we have the right to determine whether any of your User Content submissions are appropriate and comply with this Terms & Conditions, to remove any and/or all of your submissions, and to terminate your Account with or without prior notice. You understand and agree that any liability, loss, or damage that occurs as a result of any of the use of any User Content that you make available or access through your use of the Website is solely your responsibility. FullFeel is not responsible for any public display or misuse of any User Content. FullFeel does not, and cannot, pre-screen or monitor all User Content; however, at our discretion, we, or technology or agents we employ, may monitor and/or record your interactions with the Website and your submission(s) of User Content.
26. Your Representations and Indemnity
You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by FullFeel and its other Users, partners, and licensees will not violate this Terms & Conditions, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at FullFeel’s request) defend FullFeel, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “FullFeel Parties”) from and against all claims resulting from (a) any User Content submitted by you, (b) your use of the Website or (c) any breach or alleged breach by you of this Terms & Conditions.
27. Liability Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE FULLFEEL PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (A) THIS TERMS & CONDITIONS; (B) ANY USE OF THE WEBSITE, THE FULLFEEL CONTENT OR THE USER CONTENT; OR (C) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE ORDER SERVICES). BY ACCEPTING THIS TERMS AND CONDITIONS, YOU ACKNOWLEDGE AND AGREE THAT FULLFEEL LLC HAS ABSOLUTELY NO RESPONSIBILITY FOR ANY EVENT THAT MAY HAPPEN INCLUDING, BUT NOT LIMITED TO FOOD POISONING, ALLERGIC REACTIONS, CONTAMINATION, AND CONSUMPTION OF AN UNDESIRED ITEM. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE FULLFEEL WEBSITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE FULLFEEL CONTENT. FULLFEEL IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY HOST FOR WHICH A USER HAS MADE AN ORDER OR UTILIZES ANY COUPON. You and FullFeel understand and agree that the disclaimers, exclusions, and limitations in this Section 16 and in Section 17 below are essential elements of this Terms & Conditions and that they represent a reasonable allocation of risk. In particular, you understand that FullFeel would be unable to make the Website available to you except on these terms and hereby agree that this Terms & Conditions will survive and apply even if any limited remedy specified in this Terms & Conditions is found to have failed its essential purpose.
28. Disclaimer of Warranties
THE WEBSITE, ALL FULLFEEL CONTENT, AND ANY OTHER INFORMATION, PRODUCTS AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. FULLFEEL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. FULLFEEL DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT FULLFEEL WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY, THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS, OR THAT FULLFEEL WILL REVIEW AND POLICE THE USER CONTENT. FULLFEEL SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, VIRUSES CONTAINED IN ANY USER CONTENT, THE FULLFEEL WEBSITE OR ANY FULLFEEL COMMUNICATION, WEBSITE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF FULLFEEL. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
29. Links to/from Third-Party Websites
The Website may contain hypertext links to/from websites operated by parties other than FullFeel. Such hypertext links are provided for User’s reference only, and FullFeel does not control such websites and is not responsible for their content. Neither these third-party sites, nor any of the contents thereof or promotions, materials, information, or goods or services available thereon, are in any way investigated, monitored, or checked for accuracy, appropriateness or completeness by FullFeel. FullFeel’s inclusion of any hypertext links to/from such websites does not imply any endorsement of the material on such websites or any association with their operators. FullFeel assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites. If you decide to leave the FullFeel Website, as applicable, and access any such third-party sites or to use or install any third-party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the FullFeel Website or relating to any applications you use or install from any such site.
Hosts are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities and costs (“Claims”) suffered by you or any third party as a result of your interaction with or visit to any Host’s Listing. YOU HEREBY RELEASE THE FULLFEEL PARTIES FROM ANY AND ALL SUCH CLAIMS. IN CONNECTION WITH THE FOREGOING, YOU HEREBY WAIVE ANY CIVIL CODE WHICH STATES DIRECTLY OR INDIRECTLY: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under this section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the FullFeel Parties pertaining to the subject matter of this Section 28.
31. Notify Us of Infringers
We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). In response to a valid notice (as described below), we will remove any allegedly infringing content from the Services and will take reasonable steps to contact the provider of the removed content so that a counter-notification may be filed. Upon receipt of a valid counter-notification, we will evaluate the counter-notification and determine whether to restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. If you believe any of the Website violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section. Copyright infringement notices must: (a) provide your physical or electronic signature; (b) identify the copyrighted work that you believe is being infringed; (c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it; (d) provide us with a way to contact you, such as your address, telephone number, or email; (e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Website; (f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed; and (g) be sent to FullFeel’s copyright agent at the following address: FullFeel LLC – 94112/A 151 S CONNOR RD, Salt Lake City, UT 84112. Phone: 385.299.8271
If any part of this Terms & Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect
This Terms & Conditions, and the rights granted and obligations undertaken hereunder, may not be transferred, assigned or delegated in any manner by a User, but may be freely transferred, assigned, or delegated by FullFeel.
Any waiver of any provision of this Terms & Conditions, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
35. Choice of Law
The Services are operated by a U.S. entity, and this Terms & Conditions is made under and shall be governed by and construed in accordance with the laws of the State of Utah, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
36. General Terms
You agree that no joint venture, partnership, or employment relationship exists between you and any of the FullFeel Parties as a result of agreeing to this Terms & Conditions or use of the Website. Further, no joint venture, partnership, or employment relationship exists between any of the FullFeel Parties and any Vendor. Our performance of this Terms & Conditions is subject to existing laws and legal process, and nothing contained in this Terms & Conditions limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of this Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned within the Website are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are expressly reserved.
38. Entire Agreement
Notwithstanding any agreements or terms expressly incorporated by reference in this Terms & Conditions, this Terms & Conditions constitutes the entire agreement between the parties. This Terms & Conditions (as it may from time to time be amended, restated, or otherwise modified) supersedes any prior agreements, understandings, or negotiations, whether written or oral.