The website located at www.myfeel.co (the “Site”) is a copyrighted work belonging to Feel Therapeutics Inc.
(“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant
that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions
on the Site. Company may suspend or terminate your Account in accordance with Section 7.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible
for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will
not be liable for any loss or damage arising from your failure to comply with the above requirements.
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license,
sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless
otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site)
must be retained on all copies thereof.
Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance
in connection with the Site.
You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets,
in the Site and its content are owned by Company or Company’s suppliers and are subject to EU and international copyright and unfair competition laws. Neither these Terms (nor your access to the Site) transfers to you or any third
party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
There are no implied licenses granted under these Terms. Any use of the information, content or marks provided on this website that does not comport with the above terms and conditions shall be an unauthorized use and shall
subject you to civil and criminal penalties as provided by applicable EU and international intellectual property laws.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and
attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Site may contain links to third-party websites and
services, and/or display advertisements for third parties (collectively,
“Third-Party Links & Ads”). Such Third-Party Links & Ads are not
under the control of Company, and Company is not responsible for any
Third-Party Links & Ads. Company provides access to these Third-Party
Links & Ads only as a convenience to you, and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to
Third-Party Links & Ads. You use all Third-Party Links & Ads at
your own risk, and should apply a suitable level of caution and discretion in
doing so. When you click on any of the Third-Party Links & Ads, the
applicable third party’s terms and policies apply, including the third party’s
privacy and data gathering practices. You should make whatever
investigation you feel necessary or appropriate before proceeding with any
transaction in connection with such Third-Party Links & Ads.
Your interactions with other Site users are solely
between you and such users. You agree that Company will not be
responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute between you and any Site user, we are
under no obligation to become involved.
You hereby release and forever discharge the Company
(and our officers, employees, agents, successors, and assigns) from, and hereby
waive and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action
of every kind and nature (including personal injuries, death, and property
damage), that has arisen or arises directly or indirectly out of, or that
relates directly or indirectly to, the Site (including any interactions with,
or act or omission of, other Site users or any Third-Party Links &
Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL
CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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 SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR
SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO
WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE,
RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR
SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE,
ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE
OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR
SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA,
COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO
THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF,
THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING
THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES
ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A
MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM
WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO
LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Subject to this Section, these Terms will remain in full force and effect while you use
the Site. We may suspend or terminate your rights to use the Site
(including your Account) at any time for any reason at our sole discretion,
including for any use of the Site in violation of these Terms. Upon
termination of your rights under these Terms, your Account and right to access
and use the Site will terminate immediately. Company will not have
any liability whatsoever to you for any termination of your rights under these
Terms, including for termination of your Account. Even after your rights
under these Terms are terminated, the following provisions of these Terms will
remain in effect: Sections 2.2 through 2.5 and Sections 3 through 8.
These Terms are subject to occasional revision, and if we make any substantial
changes, we may notify you by sending you an e-mail to the last e-mail address
you provided to us (if any), and/or by prominently posting notice of the
changes on our Site. You are responsible for providing us with your most
current e-mail address. In the event that the last e-mail address that
you have provided us is not valid, or for any reason is not capable of delivering
to you the notice described above, our dispatch of the e-mail containing such
notice will nonetheless constitute effective notice of the changes described in
the notice. Any changes to these Terms will be effective upon the earlier
of thirty (30) calendar days following our dispatch of an e-mail notice to you
(if applicable) or thirty (30) calendar days following our posting of notice of
the changes on our Site. These changes will be effective immediately for
new users of our Site. Continued use of our Site following notice of such
changes shall indicate your acknowledgement of such changes and agreement to be
bound by the terms and conditions of such changes.
Please read this Arbitration Agreement
carefully. It is part of your contract with Company and affects your
rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A
CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes
(excluding claims for injunctive or other equitable relief as set forth below)
in connection with the Terms or the use of any product or service provided by
the Company that cannot be resolved informally or in small claims court shall
be resolved by binding arbitration on an individual basis under the terms of
this Arbitration Agreement. Unless otherwise agreed to, all arbitration
proceedings shall be held in English. This Arbitration Agreement applies
to you and the Company, and to any subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or goods provided under the
(b) Notice Requirement and Informal Dispute Resolution. Before
either party may seek arbitration, the party must first send to the other party
a written Notice of Dispute (“Notice”) describing the nature and basis of the
claim or dispute, and the requested relief. A Notice to the Company
should be sent to: 479 Jessie Street, San Francisco, CA, 94105. After the
Notice is received, you and the Company may attempt to resolve the claim or
dispute informally. If you and the Company do not resolve the claim or
dispute within thirty (30) days after the Notice is received, either party may
begin an arbitration proceeding. The amount of any settlement offer made
by any party may not be disclosed to the arbitrator until after the arbitrator
has determined the amount of the award, if any, to which either party is
(c) Arbitration Rules. Arbitration shall be initiated by the
American Arbitration Association (“AAA”), an established alternative dispute
resolution provider (“ADR Provider”) that offers arbitration as set forth in
this section. If AAA is not available to arbitrate, the parties shall
agree to select an alternative ADR Provider. The rules of the ADR
Provider shall govern all aspects of the arbitration, including but not limited
to the method of initiating and/or demanding arbitration, except to the extent
such rules are in conflict with the Terms. The AAA Consumer Arbitration
Rules (“Arbitration Rules”) governing the arbitration are available online at
www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration
shall be conducted by a single, neutral arbitrator. Any claims or
disputes where the total amount of the award sought is less than Ten Thousand
U.S. Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking
relief. For claims or disputes where the total amount of the award sought
is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing
will be determined by the Arbitration Rules. Any hearing will be held in
a location within 100 miles of your residence, unless you reside outside of the
United States, and unless the parties agree otherwise. If you reside
outside of the U.S., the arbitrator shall give the parties reasonable notice of
the date, time and place of any oral hearings. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator grants you an award that is greater than
the last settlement offer that the Company made to you prior to the initiation
of arbitration, the Company will pay you the greater of the award or $2,500.00.
Each party shall bear its own costs (including attorney’s fees) and
disbursements arising out of the arbitration and shall pay an equal share of
the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance
based arbitration is elected, the arbitration shall be conducted by telephone,
online and/or based solely on written submissions; the specific manner shall be
chosen by the party initiating the arbitration. The arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise
agreed by the parties.
(e) Time Limits. If you or the Company pursue arbitration, the
arbitration action must be initiated and/or demanded within the statute of
limitations (i.e., the legal deadline for filing a claim) and within any
deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the
arbitrator will decide the rights and liabilities, if any, of you and the Company,
and the dispute will not be consolidated with any other matters or joined with
any other cases or parties. The arbitrator shall have the authority to
grant motions dispositive of all or part of any claim. The arbitrator
shall have the authority to award monetary damages, and to grant any
non-monetary remedy or relief available to an individual under applicable law,
the AAA Rules, and the Terms. The arbitrator shall issue a written award
and statement of decision describing the essential findings and conclusions on
which the award is based, including the calculation of any damages
awarded. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of
the arbitrator is final and binding upon you and the Company.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF
A JUDGE OR A JURY, instead electing that all claims and disputes shall be
resolved by arbitration under this Arbitration Agreement. Arbitration
procedures are typically more limited, more efficient and less costly than
rules applicable in a court and are subject to very limited review by a
court. In the event any litigation should arise between you and the
Company in any state or federal court in a suit to vacate or enforce an
arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY
TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES
WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED
ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE
CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH
THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality.All aspects of the arbitration proceeding,
including but not limited to the award of the arbitrator and compliance
therewith, shall be strictly confidential. The parties agree to maintain
confidentiality unless otherwise required by law. This paragraph shall
not prevent a party from submitting to a court of law any information necessary
to enforce this Agreement, to enforce an arbitration award, or to seek injunctive
or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement
are found under the law to be invalid or unenforceable by a court of competent
jurisdiction, then such specific part or parts shall be of no force and effect
and shall be severed and the remainder of the Agreement shall continue in full
force and effect.
(k) Right to Waive. Any or all of the rights and limitations set
forth in this Arbitration Agreement may be waived by the party against whom the
claim is asserted. Such waiver shall not waive or affect any other
portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive
the termination of your relationship with Company.
(m) Small Claims Court. Notwithstanding the foregoing, either you or
the Company may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing,
either party may seek emergency equitable relief before a state or federal
court in order to maintain the status quo pending arbitration. A request
for interim measures shall not be deemed a waiver of any other rights or
obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration.Notwithstanding the
foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act,
and infringement or misappropriation of the other party’s patent, copyright,
trademark or trade secrets shall not be subject to this Arbitration
(p) Courts. In any circumstances where the foregoing Arbitration
Agreement permits the parties to litigate in court, the parties hereby agree to
submit to the personal jurisdiction of the courts located within DELAWARE
County, New York, for such purpose
The Site may be subject to U.S. export control laws and
may be subject to export or import regulations in other countries. You agree
not to export, reexport, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such data, in
violation of the United States export laws or regulations.
The company is located at the address in
Section 8.8. If you are a California resident, you may report complaints to the
Complaint Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
The communications between you
and Company use electronic means, whether you use the Site or send us emails,
or whether Company posts notices on the Site or communicates with you via
email. For contractual purposes, you (a) consent to receive communications from
Company in an electronic form; and (b) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that Company
provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were in a hardcopy writing. The foregoing
does not affect your non-waivable rights.
These Terms constitute the entire agreement
between you and us regarding the use of the Site. Our failure to exercise or
enforce any right or provision of these Terms shall not operate as a waiver of
such right or provision. The section titles in these Terms are for convenience
only and have no legal or contractual effect. The word “including” means
“including without limitation”. If any provision of these Terms is, for
any reason, held to be invalid or unenforceable, the other provisions of these
Terms will be unimpaired and the invalid or unenforceable provision will be
deemed modified so that it is valid and enforceable to the maximum extent
permitted by law. Your relationship to Company is that of an independent
contractor, and neither party is an agent or partner of the other. These
Terms, and your rights and obligations herein, may not be assigned,
subcontracted, delegated, or otherwise transferred by you without Company’s
prior written consent, and any attempted assignment, subcontract, delegation,
or transfer in violation of the foregoing will be null and void. The
company may freely assign these Terms. The terms and conditions set forth
in these Terms shall be binding upon assignees.
Copyright © 2022 Feel Therapeutics Inc. All rights reserved. All trademarks, logos and service
marks (“Marks”) displayed on the Site are our property or the property of other
third parties and are subject to EU and international copyright and unfair
competition laws..You are not permitted to use these Marks without our
prior written consent or the consent of such third party which may own the
Address: 479 Jessie Street, San Francisco, CA 94103, U.S.A.