PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE
By using this website, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the website following the posting of changes to these terms will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
Unless otherwise noted, all materials, including, but not limited to, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the website (collectively, the "Content") are protected by copyright and owned, controlled or licensed by Incisive, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the website.
No Content from the Web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from Feral Chick Media LLC, or the copyright holder identified in the copyright notice contained in the Content.
If you wish to build a hyperlink to the website, you may do so provided you agree to cease such link upon request from Feral Chick Media LLC. No other use is permitted without prior written permission of Feral Chick Media LLC. Use of any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content is strictly forbidden.
Modification of the Content or use of the Content for any other purpose is a violation of Feral Chick Media LLC’s copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to Feral Chick Media LLC.
USAGE BY CHILDREN UNDER 13
The website is directed to adults and is not directed to children under the age of 13. Feral Chick Media LLC cannot prohibit minors from visiting the website. Feral Chick Media LLC must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Feral Chick Media LLC complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever Feral Chick Media LLC collects data within the website, such as during the registration process.
MEMBER ACCOUNT
By registering as a user of this website you are responsible for maintaining the confidentiality of the username (email address) and password, and responsible for all activities that occur under your username and password. You agree to notify Feral Chick Media LLC of any unauthorized use of your username and password or any other breach of security at Customer Service.
FEES AND PAYMENTS
Feral Chick Media LLC reserves the right at any time to charge fees for access to portions of the website or the website as a whole. However, in no event will you be charged for access to the website unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. You shall pay all applicable taxes relating to use of the website through your account.
E-MAIL AND PUBLIC COMMUNICATION
You shall not upload to, distribute through, or otherwise publish letters, e-mails or other types of communications to the editors, webmaster(s) or employees of Feral Chick Media LLC, and messages posted in connection with online seminar discussions on the website on the website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
Subject to the terms of the Feral Chick Media LLC privacy policy, in general, we will not monitor or edit the contents of such materials unless required in the course of normal maintenance of the website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Feral Chick Media LLC; (2) protect and defend the legitimate business interests, rights or property of Feral Chick Media LLC, its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users shall remain solely responsible for the content of their communications. Feral Chick Media LLC has the right but not the obligation to monitor and edit or remove any communications and content.
By uploading materials to any Feral Chick Media LLC website or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
PRIVACY
Registration data and certain other demographic information about you are subject to Feral Chick Media LLC’s privacy policy.
INDEMNIFICATION
You agree to indemnify, defend and hold Feral Chick Media LLC harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of the website.
NON-TRANSFERABILITY
Your right to use this website is not transferable. Any password or right given to you to obtain information is not transferable.
JURISDICTION
Unless otherwise specified, the Content on the website is presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. The website is controlled and operated by Feral Chick Media LLC from its offices within the State of Texas. Feral Chick Media LLC makes no representation that content on the website is appropriate or available for use in other locations. Those who choose to access the website from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.
All users, including those users who access the website from a country other than the U.S., agree that the laws of the State of Texas shall govern any dispute, including those arising from Feral Chick Media LLC’s use of personal information or otherwise relating to privacy, as specified in the Your Privacy.
TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all Content obtained from any and all website(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. The privileges granted to you by these terms, including the maintenance of a member account, will terminate immediately without notice from Feral Chick Media LLC if, in our sole discretion, you fail to comply with any provision of these terms. Upon termination, you must destroy all Content obtained from the website and all copies thereof, whether made under these terms or otherwise. Feral Chick Media LLC may take such further action as Feral Chick Media LLC determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Feral Chick Media LLC shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from Feral Chick Media LLC’s exercise of its rights under these terms and conditions.
DISCLAIMER
FERAL CHICK MEDIA LLC PUBLISHES THE MATERIALS ON THIS WEBSITE "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FERAL CHICK MEDIA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FERAL CHICK MEDIA LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER(S) THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FERAL CHICK MEDIA LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FERAL CHICK MEDIA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FERAL CHICK MEDIA LLC BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE. IN NO EVENT SHALL FERAL CHICK MEDIA LLC TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
NOT LEGAL, INVESTMENT OR LEASING ADVICE
The Content contained on the website has been prepared by Feral Chick Media LLC as a service to its readers and the Internet community and is not intended to constitute investment, leasing, real estate, or legal advice. Feral Chick Media LLC has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the website. Users of information from the website or links do so at their own risk.
OTHER PRODUCTS
Any reference made by the website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Feral Chick Media LLC. Content on the website may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Feral Chick Media LLC.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that the website contains links to outside services and resources, Feral Chick Media LLC does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
MISCELLANEOUS
These terms shall be governed by and construed in accordance with the laws of the State of Texas. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Tarrant County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the website and these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by Incisive. To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Feral Chick Media LLC’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
