Terms of Use
Last updated on Dec 30 2020
THE FOLLOWING TERMS OF USE, TOGETHER WITH ANY DOCUMENTS THEY EXPRESSLY INCORPORATE BY REFERENCE (COLLECTIVELY, “TERMS OF USE”), ARE ENTERED INTO BY AND BETWEEN YOU AND FERA ZERO, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (“FERA ZERO”, “WE”, OR “US”), AND GOVERN YOUR ACCESS TO AND USE OF OUR ONLINE PLATFORM, INCLUDING BUT NOT LIMITED TO WWW.FERAZERO.COM AND OTHER WEBSITES OR MOBILE APPLICATIONS (“PLATFORM”), AND ANY PRODUCT AND SERVICES OFFERED BY FERA ZERO THROUGH THE PLATFORM (“PRODUCTS” AND “SERVICES”). THESE TERMS OF USE APPLY TO YOUR ACCESS AND USE OF THE PLATFORM AND PRODUCTS AND SERVICES WHETHER AS A GUEST OR A REGISTERED USER (INCLUDING AS AN AUTHORIZED USER OF A CUSTOMER SUBSCRIBED TO THE PLATFORM).
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START USING THE PLATFORM. BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT https://www.ferazero.com/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORM.
THE PLATFORM AND SERVICES ARE OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. IF YOU ARE LESS THAN 18 YEARS OF AGE, YOU ARE ONLY PERMITTED TO USE THE SERVICES WITH PARENTAL OR GUARDIAN CONSENT AND SUPERVISION. IF YOU RESIDE IN A JURISDICTION THAT RESTRICTS THE USE OF THE SERVICES BECAUSE OF AGE, OR RESTRICTS THE ABILITY TO ENTER INTO CONTRACTS SUCH AS THIS ONE DUE TO AGE, YOU MUST ABIDE BY SUCH AGE LIMITS AND YOU MUST NOT USE THE PLATFORM IF YOU ARE NOT PERMITTED TO DO SO BY SUCH LOCAL JURISDICTION. BY USING THE PLATFORM, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE PLATFORM.
Changes to the Terms of Use. You acknowledge and agree that we may revise and update these Terms of Use from time to time in our discretion, and that all changes are effective immediately when posted and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Platform.
Your continued use of the Platform following the posting of revised Terms of Use means that you accept the changes. You are encouraged to review these terms of use frequently to ensure compliance.
Accessing the Platform and Account Security. We reserve the right to withdraw or amend the Platform, the Services, and any other material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for (1) making all arrangements necessary for you to have access to the Platform; and (2) ensuring that all persons who access the Platform through your internet connection or using your equipment are aware of these Terms of Use and comply with them.
To access the Platform or some of the resources it offers, you may be required to create an account and provide certain registration details or other information, including some personally identifiable information, such as your name, email address, phone number, location, and payment information to make payments through the Platform. It is a condition of your use of the Platform that all the information you provide is correct, current, and complete. You agree that all information you provide us to register with the Platform or otherwise is governed by our Privacy Policy, as amended from time to time, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, and to terminate your account ad refuse any current or future use of the Platform or Services, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Integration with Social Media. We may also provide you the ability to register or otherwise link to, or integrate with the Platform, certain social media, such as Facebook®, Instagram®, Twitter®, Pinterest®, Google®, and others, as part of the Services. Please note that in any instance with which you provide us with your login credential for such platforms, Fera Zero will have access to all information related to such account(s) – as permitted by the policies of such platforms and your then current privacy settings, if applicable. By opting to provide us with your login credentials, you hereby assent to any such access and use that we may have, in accordance with our Privacy Policy. If you have any questions or concerns about such access, then we suggest you review the applicable social media platform’s policies and your privacy settings prior to providing us with any such information.
Intellectual Property. All right, title, and interest in and to the Platform, the Products and Services, their entire contents, features, and functionality and related Intellectual Property (including but not limited to all software, source code, object code, assets, algorithms, application programming interface, text, displays, design, images, video, and audio) and any updates, new versions, improvements, enhancements, additions, and modifications thereof (collectively, the “Fera Zero Property”) are owned by Fera Zero, its licensors, or other providers of such material. “Intellectual Property” means rights and all tangible embodiments of such rights, wherever located, including but not limited to the following: (i) all trademarks, service marks or other designations of origin, whether or not registered, including all registrations and related applications, and all goodwill, associated with any of the foregoing; (ii) all copyrights, moral rights, and other rights in works of authorship, including all registrations and related applications; (iii) all inventions and ideas, whether patentable or not, and all patent rights, patents and patent applications; (iv) all know-how, trade secrets, confidential information, and other proprietary rights and information; (v) all other rights covering intangible property recognized in any jurisdiction.
These Terms of Use provide to you a revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Fera Zero Property on any personal computer, mobile device or tablet that you own or control and solely for your own use. Such use of the Fera Zero Property and any other services, materials or information made available by Fera Zero is conditioned on your continued compliance with these Terms of Use. Accordingly, you expressly acknowledge and agree that Fera Zero transfers no right, title, or in and to the Fera Zero Property.
Trademarks. All right, title, and interest in and to the Fera Zero word marks, stylized logos, service marks, and any other trademark, and any other Fera Zero trade name, trademark, service mark, logo, or other designation of origin associated with Fera Zero products or services, whether or not registered, are trademarks of Fera Zero or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners (e.g. advertisers). You must not use any of the foregoing marks without the prior written permission of Fera Zero.
Prohibited Uses. You must use the Platform and Services solely as permitted by these Terms of Use or as otherwise expressly agreed in writing by Fera Zero.
Furthermore, you agree that you will not use the Platform or Services to: (i) discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, (ii) disseminate hate speech or dangerous speech, promote or incite violence online or offline; (iii) promote or sell anything relating to consumables, alcohol, smoking substances, weapons or explosives, fireworks or anything related, drugs, pornography, medications, supplements, books that claim to help disease, or access to betting or gambling products or services through the Platform; (iv) offer any financial advice, medical advice, or any other licensed advice; (v) adapt, alter, modify, improve, translate, or create derivative works of the Platform or Services; (vii) attempt to access or download the technology used by Fera Zero to provide the Services or reverse engineer, decompile, disassemble, or otherwise attempt to reconstruct or obtain the source code to all or any portion of the Platform; (viii) provide any third party access to or use of the Platform on behalf of any third party, including as part of a time-sharing, outsourcing or service bureau environment; (ix) transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the operation of the Platform; (x) attempt to test the vulnerability of the Platform or Fera Zero system or network or circumvent any security or authentication measures protecting the Fera Zero Property; (xi) remove any proprietary notices or labels in documentation provided by Fera Zero; (xii) organize or advertise a multi-level marketing scheme, raffle or direct sales business through the Platform; or (xiii) use any Fera Zero Property in any manner detrimental to Fera Zero, including for the purpose of creating or improving any services or technology that performs similar functions or is competitive with Fera Zero.
Termination. You acknowledge and agree that Fera Zero may (i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform or the Products and Services, and (ii) terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Platform or using our Products and Services. YOU WAIVE AND HOLD HARMLESS FERA ZERO AND ITS OFFICERS, DIRECTORS, MEMBERS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Changes to the Platform and Services. You acknowledge and agree that (i) Fera Zero may (in its discretion) update or modify the Platform and its Products and Services at any time for any reason, (ii) Fera Zero shall have no obligation to customize, modify, or improve the Platform or its Products and Services, and (iii) the Platform may be interrupted for maintenance and developments when deemed appropriate by Fera Zero.
Reliance on Information Posted. The information presented on or through the Platform and the Products and Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
Further, Fera Zero has not independently verified any of the information provided by its customers or any other source we may use to provide information.
The Platform may include content provided by third parties, including materials provided by its customers, other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by Fera Zero, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Fera Zero. Further, if you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Media Features. We may provide certain features that enable you to (i) link from your own or certain third-party websites to certain content on the Platform, (ii) send emails, texts, or other communications with certain content, or links to certain content, on the Platform, and (iii) cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and with respect to the content they are displayed with, and in a manner consistent with the other provisions of these Terms of Use. We reserve the right to disable all or any social media features and any links at any time without notice in our discretion.
You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Disclaimer of Warranties. YOUR USE OF THE PLATFORM AND THE PRODUCTS AND SERVICES IS AT YOUR OWN RISK. THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM (INCLUDING WITHOUT LIMITATION THE COURSES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FERA ZERO NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER FERA ZERO NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR PRODUCTS OR SERVICES OR OTHER ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, FERA ZERO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FERA ZERO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM AND PRODUCTS AND SERVICES, ANY WEBSITES LINKED TO THEM, AND ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification. You agree to indemnify and hold Fera Zero, its customers, and its and their respective affiliated entities and its and their officers, directors, agents, employees and representatives harmless from and against any actual or prospective loss, damage, liability, claim, demand, suit, cost and expense (including reasonable attorney fees), arising out of or relating to your (i) access or use of the Platform or Products and Services, (ii) breach of representations and warranties hereunder, (iii) violation of any laws or these Terms of Use, (iv) infringement or misappropriation of Intellectual Property of Fera Zero, any of its customers or any third party, (v) fraud, willful misconduct, or negligence or (vi) other acts or omissions proximately caused by you, except to the extent proximately caused by fraud, willful misconduct, and gross negligence of Fera Zero.
Governing Law; Jurisdiction. All matters relating to the Platform, Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Except as otherwise expressly set forth in these Terms of Use, any dispute that the parties are unable to resolve through negotiation will be submitted to binding arbitration in Los Angeles, California, administered by JAMS. In all disputes there shall be 1 arbitrator agreed to by the parties. The arbitrator shall issue a decision in writing, stating reasons therefore, including both findings of fact and conclusions of law, and may award any remedy available at law or in equity (consistent with the terms of these Terms of Use). The arbitrator shall have no power to amend or supplement these Terms of Use to award damages other than as permitted by these Terms of Use, or to fail to follow applicable law. Any award rendered by the arbitrator shall be final and binding on the parties, and may be confirmed by the judgment of a court of competent jurisdiction.
Entire Agreement; Severability; Waiver. These Terms of Use constitute the entire agreement between the parties relating to its subject matter and supersedes all prior agreements. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the other provisions will remain in full force and effect to the greatest extent possible, provided that the omission of the invalid provision does not materially prejudice the rights of either party. All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Feedback. All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: info@ferazero.com. You agree that any feedback or ideas you provide to us regarding the Platform or the Products and Services and any suggested improvements thereto (“Feedback”) will be the exclusive property of Fera Zero. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback.
This website is operated by Fera Zero, LLC, with a principal office located at 1327 Willow Street, Los Angeles, CA 90013.