Terms & Conditions
Terms & Conditions
Conditions of Use
Feder Development, LLC and www.debfeder.com and their subsidiaries, a;iliates, and associates (collectively, “Feder Development, LLC” or “we,” “us,” or “our”) provide their services to you and access to this Website subject to the following terms and conditions. If you use our services or visit, enter data, or shop within this Website, you accept these terms and conditions. Please read them carefully.
PRIVACY
Please review our Privacy Policy, which also governs your use of our services and access to this Website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit www.debfeder.com (the “Website”), enter data that is transmitted to us through this Website, or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TRADEMARKS
Feder Development, LLC trademarks and trade dress may not be used (A) in connection with any product or service that is not a product or service of Feder Development, LLC, (B) in any manner that is likely to cause confusion among customers, or (C) in any manner that disparages or discredits Feder Development, LLC. Trademarks not owned by Feder Development, LLC that appear on this Website are the property of their respective owners, who may or may not be a;iliated with, connected to, or sponsored by Feder Development, LLC.
LICENSES AND WEBSITE ACCESS
Subject to the requirements of these terms and conditions, Feder Development, LLC grants you a limited, revocable, nonexclusive, and nontransferable license to access and make personal use of this Website and to create a hyperlink to the home page of Feder Development, LLC so long as the link does not portray Feder Development, LLC or their products or services in a false, misleading, derogatory, or otherwise o;ensive matter. You may not use any Feder Development, LLC logo or other proprietary graphic or trademark as part of the link without our express written permission. These limited licenses do not include the right to any resale or commercial use of this Website or its contents; any collection or use of any product or service listings, descriptions, or prices; any derivative
use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website, including any portion of this Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Feder Development, LLC. Feder Development, LLC does not grant you the right to download (other than page caching) or modify this Website, or any portion of it, except with the express written consent of Feder Development, LLC. You also may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Feder Development, LLC or use any meta tags or any other “hidden text” utilizing Feder Development, LLC’s name or trademarks, without the express written consent of Feder Development, LLC. Any unauthorized use of this Website or its content automatically and immediately terminates the permissions and licenses granted by Feder Development, LLC.
YOUR MEMBERSHIP ACCOUNT
If you use this Website, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under age 18, you may use our Website only with the involvement of a parent or guardian. Feder Development, LLC reserves the right to refuse service, terminate accounts, remove or edit content, and cancel orders in their sole discretion.
Changes to your membership, including cancelling your membership, should be conducted via the client center located on this Website.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors to this Website may post reviews, comments, and other content, and may 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, 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.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. If you post content or submit material, unless we indicate otherwise, you grant Feder Development, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Feder Development, LLC and its sublicensees the right to use the name that you
submit in connection with such content, if they choose. They are not in any way obligated to do so. You represent and warrant that you own or otherwise control all rights to the content that you post, that the content is accurate, and that use of the content you supply does not violate these terms and conditions and will not cause injury to any person or entity. You will indemnify Feder Development, LLC from and against all claims and liabilities resulting from content you supply. Feder Development, LLC has the right but not the obligation to monitor and edit or remove any activity or content. Feder Development, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
WEBSITE DESCRIPTIONS
Feder Development, LLC attempts to be as accurate as possible. However, Feder Development, LLC does not warrant that any content in this Website is accurate, complete, reliable, current, or error-free.
SERVICES
Feder Development, LLC does not guarantee the results of any of their services. You accept, agree, and understand that you are fully responsible for your progress and results from your use of the services and that we o;er no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You accept, agree, and understand that you alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our clients, customers, or audience represented on our programs, Website, content, landing pages, sales pages or o;erings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our Website, programs, content, and o;erings are simply our opinion and thus are not guarantees or promises of actual performance. We o;er no professional legal, medical, psychological, or financial advice.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) THIS WEBSITE AND THE MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED BY FEDER DEVELOPMENT, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS; (B) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL; AND (C) FEDER DEVELOPMENT, LLC
DOES NOT GUARANTEE THE RESULTS OF ANY OF THEIR SERVICES, WHICH ARE PROVIDED “AS-IS.” FEDER DEVELOPMENT, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEIR SERVICES OR THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE, WHICH DISCLAIMER INCLUDES, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY THAT (A) USE OF THIS WEBSITE AND ANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THIS WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (C) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FEDER DEVELOPMENT, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FEDER DEVELOPMENT, LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM FEDER DEVELOPMENT, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL FEDER DEVELOPMENT, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR FROM THE SERVICES OF FEDER DEVELOPMENT, LLC OR THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES EVEN IF FEDER DEVELOPMENT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ (AS DEFINED BELOW) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OF FEDER DEVELOPMENT, LLC OR THIS WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $300.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. FEDER DEVELOPMENT, LLC IS IN NO MANNER PROVIDING ANY LEGAL ADVICE NOR ACTING IN THE ROLE OF AN ATTORNEY IN ANY MANNER THROUGH ITS SERVICES OR THIS WEBSITE.
INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, RELEASE, AND HOLD HARMLESS FEDER DEVELOPMENT, LLC, AS WELL AS THEIR
EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS, AND ANY PERSON OR ENTITY ASSOCIATED WITH THE PRODUCTION, OPERATION, OR ADMINISTRATION OF THIS WEBSITE (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, DAMAGES, PENALTIES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) IN ANY WAY CAUSED BY, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THE SERVICES OF FEDER DEVELOPMENT, LLC OR THIS WEBSITE AND/OR THE SENDING OF ELECTRONIC MESSAGES. TO BE CLEAR, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY TECHNICAL ERRORS OR MALFUNCTIONS, DATA THEFT, OR CORRUPTION, ANY PRINTING OR TYPOGRAPHICAL ERROR, OR ANY DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM PARTICIPATING IN, OR ACCESSING OR DOWNLOADING INFORMATION IN CONNECTION WITH THIS WEBSITE. THE RELEASED PARTIES SHALL NOT BE LIABLE TO ANY USERS FOR FAILURE TO SUPPLY ANY ADVERTISED BENEFIT, BY REASON OF ANY ACTS OF GOD, ANY ACTION OR REQUEST BY ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY (WHETHER OR NOT VALID), OR ANY OTHER ACTIVITY OR ACTION THAT IS BEYOND ANY OF THE RELEASED PARTIES’ CONTROL, WHETHER SIMILAR OR DISSIMILAR.
APPLICABLE LAW
By visiting www.debfeder.com or using the services of Feder Development, LLC, you agree that the laws of the state of Kansas, USA, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and Feder Development, LLC.
INTEGRATION AND SEVERABILITY
These terms and conditions constitute the complete understanding between the parties with respect to the subject matter of the services provided by Feder Development, LLC and this Website, and supersede in all prior discussions and understandings, oral or otherwise, between the parties with respect to its specific subject matter. No term shall be modified, waived, or discharged unless the modification, waiver, or discharge is approved in writing by Feder Development, LLC. No waiver by either party of any breach of, or of compliance with, any condition or provision of these terms and conditions by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time. If any provision of these terms and conditions is found by a court of competent jurisdiction to be void, voidable, or illegal, such provision shall be removed from these terms and conditions and the remaining provisions hereof shall remain enforceable to the fullest extent permitted by law.
DISPUTES
Any dispute relating in any way to the services provided by Feder Development, LLC or your visit to www.debfeder.com shall be submitted to confidential binding arbitration in the
state of Kansas, USA as outlined below, except that, to the extent you have in any manner violated or threatened to violate Feder Development, LLC’s intellectual property rights, Feder Development, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Kansas, USA, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The parties agree that any questions or disputes regarding the arbitrability of any dispute shall be decided by the arbitrator. The arbitrator is authorized to award any relief available to parties in a judicial proceeding. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.
WEBSITE POLICIES AND MODIFICATION
Please review our other policies posted on this Website. These policies also govern your visit to this Website and your use of the services of Feder Development, LLC. We reserve the right to make changes to our Website, policies, and these terms and conditions at any time.
QUESTIONS:
Questions regarding our terms and conditions, Privacy Policy, or other policy related material can be directed to 816.309.5297.