Agreement between user and www.fenerate.com

Welcome to www.fenerate.com. The www.fenerate.com website (the “Site”) is a news and information site and comprises various web pages operated by Fenerate Consulting, Inc. (“Fenerate”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.fenerate.com constitutes your agreement to all such terms. Please read the terms carefully and keep a copy of them for your reference.

Privacy

Your use of www.fenerate.com is subject to Fenerate’s privacy policy. Please review our privacy policy, which also governs the Site and informs users of our data colletion practices.

Electronic communications

Visiting www.fenerate.com or sending e-mails to Fenerate constitutes an elec-tronic communication. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail and on the Site satisfy any le-gal requirements that such communications be performed in writing.

Fenerate does not knowingly collect, either online or off-line, personal infor-mation from persons under the age of thirteen. If you are under eighteen, you may use www.fenerate.com only with the permission of a parent or guardian.

Links to third-party sites/third-party services

www.fenerate.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Fenerate, and Fenerate is not respon-sible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. Fen-erate provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Fenerate or any association with the site’s operators.

Certain services made available via www.fenerate.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.fenerate.com domain, you hereby acknowledge and consent that Fenerate may share such information and data with any third par-ty with whom Fenerate has a contractual relationship to provide the requested product, service, or functionality on behalf of www.fenerate.com users and customers.

No unlawful or prohibited use/intellectual property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.fenerate.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Fenerate that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, im-ages, as well as the compilation thereof, and any software used on the Site, is the property of Fenerate or its suppliers and is protected by copyright and oth-er laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in a trans-fer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fenerate content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any pro-tected content and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Fenerate and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual prop-erty of Fenerate or our licensors except as expressly authorized by these terms

International users

The Service is controlled, operated, and administered by Fenerate from our offices within the United States. If you access the Service from a location out-side the United States, you are responsible for compliance with all local laws. You agree that you will not use the Fenerate content accessed through www.fenerate.com in any country or in any manner prohibited by any appli-cable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Fenerate, its officers, di-rectors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising from your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regu-lations. Fenerate reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you, will fully cooperate with Fenerate in asserting any availa-ble defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FENERATE CONSULTING, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

FENERATE CONSULTING, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FENERATE CONSULTING, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FENERATE CONSULTING, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE—EVEN IF FENERATE CONSULTING, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Fenerate reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdic-tion that does not give effect to all provisions of these terms, including, with-out limitation, this section.

You agree that no joint venture, partnership, employment, or agency relation-ship exists between you and Fenerate as a result of this agreement or use of the Site. Fenerate's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fenerate’s right to comply with governmental, court and law enforcement re-quests, or requirements relating to your use of the Site or information provid-ed to or gathered by Fenerate with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limita-tions set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely match-es the intent of the original provision, and the remainder of the agreement shall remain in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fenerate with respect to the Site, and it super-sedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Fenerate with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same condi-tions as are other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to terms

Fenerate reserves the right, in its sole discretion, to change the terms under which www.fenerate.com is offered. The most current version of the terms will supersede all previous versions. Fenerate encourages you to periodically review the terms to stay informed of our updates.

Contact us

Fenerate welcomes your questions or comments regarding this terms, please contact Fenerate at:

Fenerate Consulting, Inc.

245 Park Avenue, 39th Floor

New York, NY 10167

Telephone number: +1.212.208.6708

 

Effective as of October 16, 2014