Fey LLC Terms of Use

Effective Date:  07/19/2022

I.  Legally Binding Agreement

Please read the terms of this Terms of Use (“Agreement”) carefully before using our website (“Site”).   This Agreement forms a legally binding contract between you and Fey LLC (“Fey LCC,” “we,” or “us”). By using our Site, you agree to this Agreement and affirm that you are able and legally competent to do so. We warrant that Fey LLC has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so. If you do not agree to all terms set forth in this Agreement, you may not access Fey LLC’s Site, and you should immediately leave and not return to our Site. Otherwise, by accessing and using our Site after the effective date, you are agreeing to be bound by this Agreement.

II.  Lawful Use of Site

All materials contained on Fey LLC’s Site and all intellectual property rights to those material including copyrights, trademarks, services marks, and other intellectual property rights are owned by Fey LLC, Fey LLC’s licensors, and other providers of content.  You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the material contains on our Site, except for your personal, noncommercial use, absent the prior written approval of Fey LLC. Your access to our Site is permitted on a temporary basis and is conditioned on your adherence to the terms of this Agreement. You are not permitted to use our Site for any illegal purpose. It is your responsibility to determine whether your use of our Site is lawful, and you must comply with all applicable laws while using our Site.

If you choose to remain on our Site or to later return to our Site, you agree that:

  • You will be bound by all terms set forth in this Agreement;
  • Your use of our Site will not violate any applicable laws or regulations; and
  • You will not use our Site for any unauthorized purposes or in any manner that could damage, disable, overburden, or impair Fey LLC’s servers or networks or interfere with any other party’s use and enjoyment of our Site.

III.  Unauthorized Use or Misuse of Site; Prohibited Uses

Any use of Fey LLC’s Site in excess of the rights granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement.  Fey LLC has total discretion to terminate your access to its Site without notice. Fey LLC affirmatively disclaims any liability for any occasion on which our Site may be unavailable for your use. Unauthorized use and misuse of Fey LLC’s Site are strictly prohibited, and, depending on the circumstances, may subject you to a civil claim for damages and criminal prosecution. Fey LLC reserves the right to report any breach of this Agreement or unauthorized use or misuse of our Site to law enforcement authorities.

IV.  Accessibility to Site

Fey LLC is committed to providing all individuals with the opportunity to access our Site. If you have difficulty accessing information on our Site or you have limited English proficiency and require assistance, please contact Fey LLC’s Compliance Officer at compliance@feyllc.com.

V.  Ownership and Permissible Use of Fey LLC Content

Fey LLC’s Site and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design selection, and arrangement thereof) are owned by Fey LLC, Fey LLC’s licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

You are only permitted to access, view, and use Fey LLC’s Site and to download, copy, or print one copy of Fey LLC Content solely for your own personal, non-commercial use provided that you include all copyright and other proprietary notices contained in the original Fey LLC content.  Otherwise, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store,  transmit or otherwise process any of the material on Fey LLC’s Site unless you obtain prior written approval, which you can request by emailing Fey LLC’s Compliance Officer at compliance@feyllc.com

Except as permitted by this Agreement, or as otherwise permitted under applicable law, you acknowledge and agree that:

  • Trade secrets and intellectual property embodied in Fey LLC’s Site and Fey LLC content have not been and will not be licensed to you;
  • Neither the copyrights, trademarks, or other intellectual property; not any portion of Fey LLC’s Site or Fey LLC content may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without Fey LLC’s prior written consent; and
  • Unauthorized use of Fey LLC content may violate copyright, trademark, and other laws.

All rights not expressly granted here are reserved for Fey LLC. If you would like to request Fey LLC’s permission to use any Fey LLC content, email Fey LLC’s Compliance Officer at compliance@feyllc.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Fey LLC’s Site in breach of the Terms of Use contained herein, your right to use Fey LLC’s Site will crease immediately and you must, at Fey LLC’s option, return or destroy any copies of Fey LLC’s materials you have made. Any use of Fey LLC’s website not expressly permitted by these Terms of Use is a breach of these Terms of Use, and may violate copyright, trademark, and other laws.

VI.  No Legal Advice

All materials, links, and information presented on or through Fey LLC’s Site, including information included in blog posts, are made available solely for general informational purposes. Such information is not intended to be, nor should it be considered legal advice. 

 VII.  Disclaimer of Warranties

Our Site is provided “as is” and “as available” and use of our Site and its content is at your own risk. Fey LLC disclaims all warranties, express or implied. including, but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose and warranties concerning completeness, security, reliability, quality, accuracy, or availability of our Site.  Although Fey LLC attempts to ensure the accuracy of its Site, Fey LLC makes no representations, warranties, or guarantees whatsoever with respect to the Site, the information thereon, or the results to be achieved from using our Site.  Please see our Legal Disclaimer

Your use of our Site, and any reliance you place on information on our Site, is at your own risk.

FEY LLC DOES NOT WARRANT THAT: (1) Our Site will fulfill any of your particular purposes or needs; (2) All information on our Site will be accurate, complete, reliable, current, and error-free; (3) Operation of our Site will be uninterrupted and virus-free or error-free; or (4) Any errors on our Site will be corrected. To the maximum extent permitted by law, Fey LLC specifically disclaims all warranties and conditions of any kind, whether express or implied, statutory, or otherwise.

Additionally, we cannot and do not guarantee or warrant that files that are available for downloading from the Internet or our Site will be free of viruses or other destructive code.  You are responsible for implementing sufficient safeguards to satisfy your requirements for anti-virus protection, and for maintaining a means external to our site for reconstruction of any lost data.

Some jurisdictions do not permit the exclusion of implied warranties, which means that some or all of these exclusions may not apply to you. If any of the above provisions are void under applicable law, Fey LLC’s liability shall be limited to the fullest extent permitted by law.

VIII.  Limitation on Liability

Disclaimer of Liability: To the fullest extent permitted by law, in no event will Fey LLC, its principal, its employees, or its service providers be liable for damages of any kind, under any theory, arising out of or in connection with your use, or inability to use the Fey LLC Site, any website linked to it, any content on our Site or on any website linked to it, including any direct, indirect, special, consequential, or punitive damages.  To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or information obtained through the website or through your downloading or any material posted on it or any website linked to it.

California Waiver: If you are a California resident, you waive your rights with respect to California Civil Code Section 1542, which asserts that “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Essential Terms: You acknowledge and agree that the above-asserted limitations of liability, together with the other provisions in this Agreement that limit liability, are essential terms and that Fey LLC would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above-asserted limitations of liability.

Some jurisdictions do not allow the exclusion of certain limitations of liability for incidental or consequential damages. If that is the case in the jurisdiction in which you reside, the limitations outlined above may not apply to you.

IX.  Indemnification

You agree, at your own expense, to defend, indemnify, and hold harmless Fey LLC and its third-party service providers, as well as all our principal, employees, and any and all agents, from and against all losses, liabilities, claims, actions or demands, including without limitation, any money damages, expenses, costs of defense, including reasonable attorneys’ and accounting fees, brought against Fey LLC by any third party arising from your use of Fey LLC’s Site or any information on the Site; your violation of any of the terms set forth in this Agreement; your use of the Site’s content and services other than as expressly authorized in this Agreement; or your violation of the rights of any third party or any applicable law. Fey LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder.

X.  Third Party Sites and Services

Fey LLC’s Site may contain or otherwise utilize links, third-party plug-ins, and applications (collectively “Links”), which connect to websites and content maintained by third parties. Fey LLC provides Links for your convenience only. Fey LLC is not responsible or liable to you or to any third party for the content or accuracy of any materials provided by any third parties. The inclusion of Links on our Site does not imply endorsement by Fey LLC of any third party or of any materials or information provided by any third party.  Nor does the inclusion of Links imply any association of Fey LLC with a third party. Such Links are not under the control of Fey LLC, and Fey LLC is not responsible for such Links, or for any information or materials on or transmitted from any linked services. You access such Links at your own risk.

XI.  Dispute Resolution

Choice of Law: Except for any disputes relating to intellectual property rights or infringement claims, all of which shall be governed by United States federal law, any disputes between you and Fey LLC and our agents employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates arising from or relating to this Agreement and the interpretation, breach, termination, or validity thereof (“Disputes”), shall be governed by and construed and enforced in accordance with the laws of the State of Kansas regardless of your country of origin or where you access our Site, and notwithstanding any conflicts of law principals.

Agreement to Arbitrate: You and Fey LLC agree that all disputes arising out of, or relating to, this Agreement (including issues relating to formation, performance, breach, enforceability, and validity of this Agreement) or our operation of our Site shall be resolved by final and binding arbitration in the State of Kansas by and pursuant to the rules of the American Arbitration Association (“AAA”).

Exception to Arbitration Agreement: Either party to this Agreement may obtain preliminary injunctive relief in a court of competent subject matter jurisdiction in Johnson County, Kansas for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration. Additionally, either party to the arbitration may seek permanent relief from a court of competent matter jurisdiction in Johnson County, Kansas for the purpose of enforcing any arbitration award.

XII.  Updates to Agreement

Fey LLC reserves the right to update this Agreement at any time by posting an updated Agreement on our Site. An amended Agreement will supersede all previous versions of the Agreement, but changes will not be applied retroactively.  All changes shall be effective from the time that we post the amended Agreement, and will apply to all access and usage of our Site following the posting of such amended Agreement.

You agree to be bound by any such updates.  Therefore, you should visit this page periodically to review any changes to this Agreement. Your continued use of Fey LLC’s Site after any modified Agreement is posted constitutes your acceptance of the amended Agreement.

This Agreement may not be orally modified. Neither you nor any Fey LLC employee or agent are permitted to change the terms of this Agreement.

XIII.  Termination

At its sole discretion, Fey LLC may modify or discontinue our Site, or may modify, suspend, or terminate access to our Site, with or without notice to you, at any time, for any reason, and without liability to Fey LLC or any third party. Your access to Fey LLC’s Site may be denied, with or without notice, if you breach or facilitate or permit any breach or violation of this Agreement. Termination of your access to our Site will not limit any of Fey LLC’s other rights or remedies. This Agreement will expressly survive, and will still be in effect, despite any such modification, discontinuation, suspension and/or termination.

XIV.  Waiver and Severability

No waiver by Fey LLC of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fey LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

XV.  Miscellaneous Provisions

Headings.  Headings and captions in this Agreement are for convenience only and shall not be binding on either party.

No Agency or Partnership Created through Agreement.  Nothing contained in this Agreement implies that Fey LLC or you are the agent or representative of the other or that you and Fey LLC are partners or members of a joint venture.

Entire Agreement.  This Agreement constitutes the sole and entire agreement between you and Fey LLC regarding the Website.

XVI.  Questions

If you have questions relating to this Agreement, you can contact our Compliance Officer via email at compliance@feyllc.com. You also can write to us at 11300 Tomahawk Creek Parkway, Ste. 155, Leawood, KS  66211.

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