Legal

Last Updated: 04/25/2022 These Terms and Conditions (“Terms”) apply to your access to and use of the websites, applications, and other online products and services (collectively, the “Services”) provided by The Feld Group Institute, Inc. (“The Feld Group Institute,” “us” or “we”). By using our Services, you agree to these Terms. If you do not agree to these Terms, do not use our Services. If you have any questions about these Terms or our Services, please contact us using the contact information below. For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy. Feld Group Institute 4516 Lovers Lane #321 Dallas TX 75225

1. Eligibility

You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2. User Accounts, Account Security, and Termination

To use some or all of our Services, you may need to register for an account. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for keeping your account credentials confidential and safe. If you permit others to use your account credentials, you agree to be fully responsible for all activities that occur in connection with your account. Your account will terminate after your subscription period has expired.

3. Account Suspension and Deletion

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

4. Acceptable Use and Prohibited Content

Unless otherwise specified, the Services are for your personal and non-commercial use only. You will not violate any applicable law, contract, intellectual property right or third party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. By way of example, and not as a limitation, you agree that when using the Services, you will not:
  • use or attempt to use another’s account;
  • provide another person with your account credentials or allow another person to access your account;
  • conceal your identity or impersonate or pretend to be a third-party, if not allowed to do so by such third-party;
  • manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
  • sell, resell, or commercially use our Services;
  • engage in any harassing, threatening, intimidating, predatory or stalking practices, or threaten or violate the legal rights of others in any other way;
  • modify our Services, remove any proprietary rights, notices, or markings, or otherwise make any derivative works based on our Services;
  • reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • develop or use any applications that interact with our Services without our prior written consent;
  • send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms, including, but not limited to, promoting activity that may endanger your life or the life of any other user or lead to physical harm.
  • probe, scan or test the vulnerability of our Services, or breach the security or authentication measures of the Services, including any component of or any network connected to the Services;
  • installing, embedding, uploading, or otherwise incorporating any malware into or via the Services;
  • using the Services or the technical infrastructure in an abusive, excessive, or otherwise inappropriate way (for example: for spamming purposes);
  • attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on the Services;
  • use any automated process to extract, harvest or scrape information, data, or content from the Services;
  • except as expressly set forth in the Services, may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the Services, nor allow any third party to do so through your or their device, even without your knowledge;
  • register or using the Services in order to promote, sell, or advertise products or services of any kind in any way; and
  • indicate or try to imply in any manner, that The Feld Group Institute has endorsed you, your products, or services or any third party’s products and services for any purpose.

5. Fees

To the extent the Service or any portion thereof is made available to you for a fee, you will be required to select a payment method and provide The Feld Group Institute with information regarding your credit card or other payment instrument. You represent and warrant to The Feld Group Institute that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You understand that use of the specific Services may result in the charges to you as posted on the page within the Services, as modified from time to time (“Charges”). The Feld Group Institute will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. All Charges and payments will be enabled by The Feld Group Institute using the preferred payment method designated in your account, after which you will receive a receipt by email. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that The Feld Group Institute may use a secondary payment method in your account, if available. Your payment method will be charged after you complete your purchase. You hereby authorize The Feld Group Institute to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let The Feld Group Institute know within sixty (60) days after the date that The Feld Group Institute charges you. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on The Feld Group Institute’s net income. Charges paid by you are final and non-refundable, unless otherwise determined by The Feld Group Institute, in our sole discretion. As between you and The Feld Group Institute, The Feld Group Institute reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in The Feld Group Institute’ sole discretion. The Feld Group Institute may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

6. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by The Feld Group Institute or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights. The Feld Group Institute reserves all rights not expressly granted herein. The Feld Group Institute and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Feld Group Institute and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about The Feld Group Institute or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in The Feld Group Institute’s sole discretion. You understand that The Feld Group Institute may treat Feedback as nonconfidential.

7. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. The Feld Group Institute does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. You agree that The Feld Group Institute is not responsible for such Third-Party Content, and conditions applicable to such Third-Party Content, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

8. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless The Feld Group Institute and our officers, directors, agents, partners and employees (individually and collectively, the “TFGI Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify TFGI Parties of any third-party Claims, cooperate with TFGI Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the TFGI Parties will have control of the defense or settlement, at The Feld Group Institute’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and The Feld Group Institute or the other TFGI Parties.

9. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, The Feld Group Institute does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While The Feld Group Institute attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

10. Limitation of Liability

To the fullest extent permitted by applicable law, The Feld Group Institute and the other TFGI Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if The Feld Group Institute or the other TFGI Parties have been advised of the possibility of such damages. The total liability of The Feld Group Institute and the other TFGI Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Services. The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of The Feld Group Institute or the other TFGI Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11. Release

To the fullest extent permitted by applicable law, you release The Feld Group Institute and the other The Feld Group Institute Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “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 debtor.”

12. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Texas, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Dallas County, Texas.

13. Additional Terms and Amendments

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

14. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

15. Miscellaneous

The failure of The Feld Group Institute to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.