Terms of Use

Applicable as of May 1, 2019

Thank you for joining Fervur, operated by Pingaze Inc. ("us", "we", "the Company", "Pingaze" or "Fervur").

Notice to California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not Fervur. If you wish to request a refund, please visit https://getsupport.apple.com . If you subscribed using your Google Play Store account or through Fervur Online: Contact support

1. Acceptance of Terms of Use Agreement.

By creating a Fervur account or by using any Fervur service, whether through a mobile device, mobile application or computer (collectively, the "Service") you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy , each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement (other than the limited one-time opt out right for certain users provided for in Section 15), you should not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on goFervur.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Fervur, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

2. Eligibility.

Pingaze is intended for people who are at least 16 years old. Persons under the age of 16 are prohibited from creating Pingaze accounts. For certain features or functionality offered by us or others through the Services, users must be at least 18 years old. Those Services may be subject to separate terms from us or third parties that contain these further age requirements. If you are under 18 and use those Services, you may be violating the third party's governing terms, which we deem a violation of these Terms as well.

You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services.

By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with Fervur,
  • you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition,
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
  • you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

3. Your Account.

After opening a Fervur account, you accept all responsibility for any activity that occurs while logged into your account. When you first create a Pingaze account, we ask for your mobile number to verify your account. Please be aware that your carrier's text messaging and data fees apply for mobile number verification.

When you send invitation using Pingaze to non-Pingaze users and/or to Pingaze users through text message, carrier's text messaging and data fees apply. Sending information and messages to Facebook users or other third-party users should comply with their respective policies. It is users responsibility to abide by any such requirements as provided by the third-party vendors.

In order to use Fervur, you may sign in using your Google+ login.  If you do so, you authorize us to access and use certain Google account information, including but not limited to your public Google profile and information you share in common with other Fervur users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy .

You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the Pingaze API. If you use any such application or client, you acknowledge and agree that Pingaze will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages. You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Fervur, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact support@pingaze.com.

4. Modifying the Service and Termination.

Fervur is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we may notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in "Profile Settings" in the Service, however if you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing. Simply uninstalling the App from your device may not cancel any subscriptions managed through third party payment account (e.g., iTunes, Google Play). You should cancel the subscription to the service through the methods provided by those third parties.

Fervur may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Fervur: Sections 4 through 7, and Sections 14 through 22.

5. Safety; Your Interactions with Other Users.

Though Fervur strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. It is your sole responsibility to manage the content that you share using Fervur. You should not share or provide any information and/or content that may be objectionable, damaging or detrimental to either you or other users in any possible way. If you find any other user engaging in objectionable behavior then you can block the interaction with that user by going to their profile. You can also report such user to us and we shall review such reports within 24 hours and take appropriate action if necessary.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT FERVUR DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. FERVUR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. FERVUR RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT FERVUR MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

6. User Content

The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to user profile, social media accounts and contents, photos, videos, text, graphics, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings as and when they become available on our website and mobile application. And you agree to abide by our Community Guidelines, which may be updated from time to time.

You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Pingaze is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.

You retain all ownership rights in your User Content. However, by submitting User Content to us, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"), subject to any privacy settings you have set to control who can see your User Content. Without limiting the foregoing, when you submit User Content to Pingaze in connection with events sharing and other media sharing, you agree that the User Content License accords Pingaze the right to sublicense such User Content to other companies, organizations, or individuals in connection with the syndication, broadcast, distribution, promotion, or publication of event information and other media information in any and all media or distribution methods, now known or later developed.

No use of User Content, including without limitation, Events and other Media, in accordance with the User Content License shall entitle you to any compensation from Pingaze, or any other companies, organizations, or individuals.

7. Fervur Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Pingaze Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Pingaze Content may violate such laws and these Terms. Except as expressly provided in these Terms, Pingaze does not grant any express or implied rights to use Pingaze Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Pingaze Content, the Services, or any related software, except as expressly stated in these Terms.

You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Pingaze Content. This license is revocable at any time. This license is subject to these Terms and does not include:

  • The distribution, public performance, or public display of Pingaze Content;
  • Modifying or otherwise making any derivative uses of the Services or Pingaze Content, or any portion thereof;
  • Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
  • Downloading (other than page caching) any portion of the Services, Pingaze Content, or any information contained therein, except as expressly permitted on the Services;
  • Accessing the Pingaze API with an unauthorized or third-party client; and
  • Any use of the Services or Pingaze Content other than for their intended purposes.
  • Any use of the Services or Pingaze Content other than as specifically authorized in these Terms, without the prior written permission of Pingaze, is strictly prohibited and will terminate the license to use Pingaze granted in these Terms.

    8. Rights Fervur Grants You.

    Fervur grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service's benefits as intended by Fervur and permitted by this Agreement. Therefore, you agree not to:

    • use the Service or any content contained in the Service for any commercial or non-commercial purposes except for your personal use without our written consent.
    • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Fervur's prior written consent.
    • express or imply that any statements you make are endorsed by Fervur.
    • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
    • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
    • upload viruses or other malicious code or otherwise compromise the security of the Service.
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
    • "frame" or "mirror" any part of the Service without Fervur's prior written authorization.
    • use meta tags or code or other devices containing any reference to Fervur or the Service (or any trademark, trade name, service mark, logo or slogan of Fervur) to direct any person to any other website for any purpose.
    • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
    • use or develop any third-party applications that interact with the Service or other users" Content or information without our written consent.
    • use, access, or publish the Fervur application programming interface without our written consent.
    • probe, scan or test the vulnerability of our Service or any system or network.
    • encourage or promote any activity that violates this Agreement.

    The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

    Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

    9. Rights you Grant Fervur.

    By creating an account, you grant to Fervur a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Google", as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other users (collectively, "Content"). Fervur's license to your Content shall be non-exclusive, except that Fervur's license shall be exclusive with respect to derivative works created through use of the Service. For example, Fervur would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Fervur can prevent the use of your Content outside of the Service, you authorize Fervur to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. " 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Fervur users).

    You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Fervur above.

    You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

    When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

    In consideration for Fervur allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Fervur regarding our Service, you agree that Fervur may use and share such feedback for any purpose without compensating you.

    You agree that Fervur may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

    10. Community Rules.

    By using the Service, you agree that you will not:

    • use the Service for any purpose that is illegal or prohibited by this Agreement.
    • use the Service for any harmful or nefarious purpose.
    • use the Service in order to damage Fervur.
    • use the service for nudity/sexual content, harassment, violence/physical harm, hate speech, promotion or solicitation for individual or business purpose, prostitution and trafficking, scamming, impersonation, child abuse and any other illegal or illicit activity.
    • spam, solicit money from or defraud any users.
    • impersonate any person or entity or post any images of another person without his or her permission.
    • bully, 'stalk," intimidate, assault, harass, mistreat or defame any person.
    • post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
    • post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
    • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission.
    • use another user's account, share an account with another user, or maintain more than one account.
    • create another account if we have already terminated your account, unless you have our permission.

    Fervur reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Fervur regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

    11. Other Users" Content.

    Although Fervur reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Fervur cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via support@pingaze.com.

    12. Purchases

    Generally. From time to time, Fervur may offer products and services for purchase ("in app purchases") through iTunes, Google Play, carrier billing, Fervur direct billing or other payment platforms authorized by Fervur. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your "Payment Method") will be charged at the prices displayed to you for the service(s) you"ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Fervur or the third party account, as applicable, to charge you.

    Auto-Renewal. If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Account Settings on Fervur) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Fervur application from your device. Deleting your account on Fervur or deleting the Fervur application from your device does not cancel your subscription; Fervur will retain all funds charged to your Payment Method until you cancel your subscription on Fervur or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

    Additional Terms that apply if you pay Fervur directly with your Payment Method. If you pay Fervur directly, Fervur may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Fervur may terminate your account immediately in its sole discretion.

    You may edit your Payment Method information by visiting Fervur and going to "My Profile." If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to Fervur will be through Pingaze Inc.

    Fervur Coins and Other Virtual Items. From time to time, you may be able to purchase, a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual items," including but not limited to Fervur Coins (collectively, "Virtual Items"). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Fervur ceases providing the Service or your account is otherwise closed or terminated. Fervur, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Fervur may manage, regulate, control, modify or eliminate Virtual Items at any time. Fervur shall have no liability to you or any third party in the event that Fervur exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT FERVUR IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

    Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

    For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

    You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Fervur) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

    To request a refund: 
    If you subscribed using your Apple ID, refunds are handled by Apple, not Fervur. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history," find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.

    If you subscribed using your Google Play Store account or through Fervur directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Fervur (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: Fervur, Attn: Cancellations, 2020 Blaise Ln, Lewisville, Texas 75056, USA (in addition, Ohio users may send a facsimile to 214-432-0278).

    13. Feedback

    You agree that any feedback, suggestions, ideas, or other information or materials regarding Pingaze or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Pingaze. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

    14. Notice and Procedure for Making Claims of Copyright Infringement.

    If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
    • your contact information, including address, telephone number and email address;
    • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Notice of claims of copyright infringement should be provided to the Company's Copyright Agent via email to copyright@pingaze.com , by phone to 214-432-0278 or via mail to the following address:

    Copyright Issues c/o Pingaze Inc. 2020 Blaise Ln, Lewisville, Texas 75056

    Fervur will terminate the accounts of repeat infringers.

    155. Disclaimers.

    FERVUR PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FERVUR DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

    FERVUR TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

    FERVUR DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.

    16. Third Party Services.

    The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Fervur is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Fervur is not responsible or liable for such third parties" terms or actions.

    17. Limitation of Liability.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FERVUR, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF FERVUR HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FERVUR's AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO FERVUR DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST FERVUR, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

    THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

    18. Retroactive and Prospective Arbitration, Class-Action Waiver, and Jury Waiver.

    Except where prohibited by applicable law:

    1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or the Service, regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Fervur in a small claims court of competent jurisdiction in the county in which you reside, or in Denton County, Texas. Such arbitration shall be conducted by written submissions only, unless either you or Fervur elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against Fervur.
    2. By accepting this Agreement, you agree to the Arbitration Agreement in this Section 15 (subject to the limited one-time right to opt out within thirty (30) days belonging to users who first created an account or used the Service prior to May 1, 2019 (such users, "Legacy Users"), discussed below). In doing so, BOTH YOU AND FERVUR GIVE UP THE RIGHT TO GO TO COURT to assert or defend any claims between you and Fervur (except for matters that may be properly taken to a small claims court and are within such court's jurisdiction). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
    3. If you assert a claim against Fervur outside of small claims court, your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. The same is true for Fervur. Both you and Fervur are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant the relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
    4. The Jurisdiction and Venue provisions in Sections 16 and 17 are incorporated and are applicable to this Arbitration Agreement.  

    As you decide whether to agree to this Arbitration Agreement, here are some important considerations:

      • Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge or a jury. Instead, the parties" dispute is decided by a private arbitrator selected by the parties under the Consumer Arbitration Rules of the American Arbitration Association. Arbitration does not limit or affect the legal claims you as an individual may bring against Fervur. Agreeing to arbitration will only affect where those claims may be brought and how they will be resolved.
      • Arbitration is generally considered to be a more rapid dispute resolution process than the judicial system, but that is not always the case. The Arbitrator will typically determine whether Fervur or you will be required to pay or split the cost of any arbitration with Fervur, based on the circumstances presented.
      • IMPORTANT: THERE ARE NOW, AND MAY BE IN THE FUTURE, LAWSUITS AGAINST FERVUR ALLEGING CLASS AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF INCLUDING BUT NOT LIMITED TO CLASS ACTIONS DESCRIBED IN THIS SECTION 15, WHICH IF SUCCESSFUL, COULD POTENTIALLY RESULT IN SOME MONETARY OR OTHER RECOVERY TO YOU, IF YOU ELECT TO OPT OUT OF THE RETROACTIVE APPLICATION OF THIS ARBITRATION AGREEMENT. THE MERE EXISTENCE OF SUCH CLASS AND/OR REPRESENTATIVE LAWSUITS, HOWEVER, DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED, OR, EVEN IF SUCCESSFUL, THAT YOU WOULD BE ENTITLED TO ANY RECOVERY.
      • You will be precluded from bringing any class or representative action against Fervur, unless you timely opt out of the retroactive application of this Arbitration Agreement, and you will also be precluded from participating in any recovery resulting from any class or representative action brought against Fervur, in each case provided you are not already bound by an arbitration agreement and class action waiver previously agreed to with Fervur.
      • Under Rule R-9 of the AAA Consumer Arbitration Rules, either party to an arbitration involving a claim within the jurisdiction of a small claims court may choose to have the case decided by the small claims court instead. Please review Rule R-9 for more details. Nothing in this Agreement, including the right of the consumer (but not Fervur) to file a dispute directly in small claims court rather than initiating arbitration, should be construed as being inconsistent with either party's right to invoke Rule R-9 after an arbitration has been initiated.

    WHETHER TO AGREE TO THIS ARBITRATION AGREEMENT IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS INCLUDING BUT NOT LIMITED TO AN ATTORNEY REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

    19. Governing Law.

    Except where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with Fervur. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act.

    20. Venue.

    Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Denton County, Texas, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Fervur that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A. You and Fervur consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.

    21. Indemnity by You.

    You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Fervur, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

    22. Entire Agreement; Other.

    This Agreement, along with the Privacy Policy and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and Fervur regarding your relationship with Fervur and the use of the Service, with the following exception: anyone who opted out of the retroactive application of Section 15 is still subject to and bound by any prior agreements to arbitrate with Fervur as well as this agreement to arbitrate on a going forward basis. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Fervur to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Fervur account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Fervur in any manner.