Feel Good Town Terms of Use

FEEL GOOD TOWN SERVICE AND USE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to the terms and conditions contained in this Agreement. If you do not agree to all of the terms and conditions contained herein, do not use this site.

1. Definitions.

"Feel Good Town" is an interactive on-line service operated by Feel Good Town consisting of information services and content provided by Feel Good Town, affiliates of Feel Good Town and other third parties. "Client" means each person who accesses Feel Good Town for access to and use of Feel Good Town information or establishes a connection ("Account") for use of its services.

2. General.

(A) Feel Good Town is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Feel Good Town.

(B) Feel Good Town does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on Feel Good Town. Reliance on any information provided by Feel Good Town, Feel Good Town employees, others appearing on Feel Good Town at the invitation of Feel Good Town, or other visitors to Feel Good Town is solely at your own risk.

(C) This Agreement, which incorporates by reference other provisions applicable to Client's use of Feel Good Town, sets forth the terms and conditions that apply to Client's use of Feel Good Town. By using Feel Good Town, Client agrees to comply with all of the terms and conditions hereof.

The right to use Feel Good Town is personal to Client and is not transferable to any person or entity. Client is responsible for all use of Client's Account and for ensuring that all use of Client's Account complies fully with the provisions of this Agreement. Client shall be responsible for protecting the confidentiality of Client's password(s).

(D) Feel Good Town shall have the right at any time to change or discontinue any aspect or feature of Feel Good Town, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.

Feel Good Town shall have the right at any time to change or modify the terms and conditions applicable to Client's use of Feel Good Town, or any part thereof, or to impose new conditions, including, but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on Feel Good Town, or by electronic or conventional mail, or by any other means by which Client obtains notice thereof. Any use of Feel Good Town by Client after such notice shall be deemed to constitute acceptance by Client of such changes, modifications or additions.

4. Equipment.

Client shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Feel Good Town and all charges related thereto.

5. Client Conduct.

(A) Client shall use Feel Good Town for lawful purposes only. Client shall not post or transmit through Feel Good Town any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.

Any conduct by a Client that in the sole discretion of Feel Good Town restricts or inhibits any other Client from using or enjoying Feel Good Town will not be permitted. Client shall not use Feel Good Town to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Clients of other on-line information services competitive with Feel Good Town.

(B) Feel Good Town contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of Feel Good Town are copyrighted as a collective work under United States copyright laws.

Feel Good Town owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Client may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.

Client may download copyrighted material for Client's personal use only provided that the following notice is included on such materials: "Copyright 2008, Feel Good Town, Inc.. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Feel Good Town and the copyright owner.

In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Client acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Client shall not upload, post or otherwise make available on Feel Good Town any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Client. Client shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

By submitting material to any public area of Feel Good Town, Client automatically grants, or warrants that the owner of such material has expressly granted Feel Good Town the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

Client also permits any other Client to access, view, store or reproduce the material for that Client's personal use. Client hereby grants Feel Good Town the right to edit, copy, publish and distribute any material made available on Feel Good Town by Client.

(D) The foregoing provisions of Section 5 are for the benefit of Feel Good Town, its subsidiaries, affiliates and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability.

(A) CLIENT EXPRESSLY AGREES THAT USE OF FEEL GOOD TOWN IS AT CLIENT'S SOLE RISK. NEITHER FEEL GOOD TOWN, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT FEEL GOOD TOWN WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF FEEL GOOD TOWN, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH FEEL GOOD TOWN.

(B) FEEL GOOD TOWN IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, NEGLIGENCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

CLIENT SPECIFICALLY ACKNOWLEDGES THAT FEEL GOOD TOWN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT.

(D) IN NO EVENT WILL FEEL GOOD TOWN, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FEEL GOOD TOWN OR THE FEEL GOOD TOWN SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE FEEL GOOD TOWN. CLIENT HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON FEEL GOOD TOWN.

(E) IN ADDITION TO THE FOREGOING, NEITHER FEEL GOOD TOWN, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN FEEL GOOD TOWN, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, FEEL GOOD TOWN, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

7. Monitoring.

Feel Good Town shall have the right, but not the obligation, to monitor the content of Feel Good Town, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Feel Good Town and to satisfy any law, regulation or authorized government request. Feel Good Town shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Feel Good Town. Without limiting the foregoing, Feel Good Town shall have the right to remove any material that Feel Good Town, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.

Client agrees to defend, indemnify and hold harmless Feel Good Town, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Feel Good Town by Client or Client's Account.

 9. Termination.

11. Third Party Content.

Feel Good Town is a licenser or distributor (and not a publisher) of content supplied by third parties and Clients. Accordingly, Feel Good Town has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Clients or any other user of Feel Good Town, are those of the respective author(s) or distributor(s) and not of Feel Good Town.

Neither Feel Good Town nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through Feel Good Town represents the opinions and judgments of the respective information provider, Client, or other user not under contract with Feel Good Town. Feel Good Town neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Feel Good Town by anyone other than authorized Feel Good Town employee spokespersons while acting in their official capacities.

Under no circumstances will Feel Good Town be liable for any loss or damage caused by a Client's reliance on information obtained through Feel Good Town. It is the responsibility of Client to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Feel Good Town. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

12. Miscellaneous.

This Agreement and any operating rules for Feel Good Town constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

H2 BOTTOM TAG

This Agreement shall be construed in accordance with the laws of the State of Texas , without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any dispute with Feel Good Town, or in any way relating to your use of Feel Good Town, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Feel Good Town or its subsidiaries, employees, contractors, officers, directors, and content providers.

No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Feel Good Town respects the rights of all copyright holders and in this regard, Feel Good Town has adopted and implemented a policy that provides for the termination in appropriate circumstances of Clients and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Feel Good Town's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ? 512.

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

4. Information reasonably sufficient to permit us to contact the complaining party.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For any questions or requests, please contact Feel Good Town.

Feel Good Town
3400 Kerbey Lane
Town, TX 78703
Attn: Ellen Lindsey
(888) 689-8889

14. Children's Privacy.

Feel Good Town is not intended or designed to attract persons under the age of 18. We do not collect information from any person we actually know is under the age of 18.

15. Advertisements and Links.

Feel Good Town does not endorse the content on any third-party websites. Feel Good Town is not responsible for the content of linked third-party sites, sites framed within Feel Good Town, or third-party advertisements, and does not make any representations regarding their content or accuracy. Client's use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Feel Good Town does not endorse any product advertised on Feel Good Town.