Terms

Definitions

WE FEEL THAT – "Website” or "App" means https://feels.la, or any other web property owned and operated by us. “Guest,” “You,” “Your,” or “Yours” means and refers to You and/or any other person or entity who uses the Website or on Your behalf. “Company,” “We,” “Us,” “Our,” or "Ours" means and refers to Feels Co., a trade name of Linguistic Innovations Natural Grammar Applications Co., a corporation duly organized under law in the State of Delaware, United States of America. These definitions also apply to LINGA Co. which is another one of Our trade names and the name We sometimes use to do business as, or d/b/a. “Service,” "Scan," "Product," or “Order” means any transaction that You make with and/or submit through the Website or otherwise to the Company.

Your Use

Your use of this Website constitutes Your agreement to the terms, conditions, and restrictions set forth herein, and each and all of them (the “Terms of Service”). If you do not agree with any of these Terms of Service, do not use Our Website or the Services provided herein and/or by the Company. In placing an Order on our Website and/or otherwise with the Company, You are acknowledging that You have read and fully understand these Terms of Service. By using the Service, You are agreeing to be legally bound by these Terms of Service, which form the entire agreement between You and the Company; and by using Our Website or any of Our Services, You are warranting to the Company that You are at least eighteen (18) years of age, and are legally capable of entering into a legal contract.

Our Services

By using our Services, You understand that all Products and all intellectual property rights inherent therein, derived therefrom and appurtenant thereto are and at all times remain owned by the Company. Payments for all Products and Services are non-refundable and come with no warranties, expressed or implied, except as otherwise set forth below or on this Website. 

Hold Harmless

By using Our Website and/or Services, You agree that neither the Company nor any of its affiliates and/or partners, employees, contractors, officers, or shareholders shall be liable for any inappropriate, illegal, or otherwise wrongful use of the Products and/or other materials received from Our Website. You hold the Company, its affiliates and/or partners, employees, contractors, officers, or shareholders, and any other person or entity involved with Your product harmless from any and all claims, suits, or demands, including attorney's fees, made by any party, including You, due to or arising out of Your utilizing Our Product and/or Services, Your violation or breach of these Terms of Service, Your violation of any rights of a third party, or any other act or omission by You.

Privacy & Security

Your privacy and security are considered strictly confidential, and Your personal information is kept secure as set forth in Our Privacy Policy. Please see Our Privacy Policy on Our Website for further details. Our Privacy Policy is incorporated into these Terms of Service, and made a part hereof.

Links Disclaimer

Although this Website may be linked to other Websites, We do not endorse, approve, certify or sponsor the linked sites unless specifically stated. The Company is not the owner of, does not control, and is not responsible for any content of any website linked to this Website. Your linking to other websites is at Your own risk.

Warranty Disclaimer

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE OPERATION OF OUR SERVICE TO YOU OR OUR WEBSITE, INCLUDING THAT THE WEBSITE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION, OR OTHER CONTENT PROVIDED IN CONNECTION WITH OUR SERVICE TO YOU OR THE PRODUCT OR AS OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT.

Limitation of Liability, Release, Hold Harmless

You agree to release and hold the Company and its employees, contractors, officers, directors, shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any third-party providers or sources of information or data, and legal advisers (the "Company's Affiliates") harmless from any and all losses, damages, rights, claims, and actions of any kind whatsoever arising from or related to the Services, including but not limited to: (i) telephone, electronic, hardware or software, network, Internet, email, or computer malfunctions, failures, faults, defects or difficulties of any kind; (ii) failed, incomplete, garbled or delayed transmissions via computer, telephone, mobile phone or otherwise transmitted; (iii) any condition caused by events beyond the control of the Company that may result in the Product being delayed, disrupted, incomplete, or corrupted; (iv) any injuries, losses or damages of any kind whatsoever arising in connection with or as a result of utilizing Our services; or (v) any printing or typographical errors in any materials associated with our services. In addition, You agree to defend, indemnify, and hold the Company and Company's Affiliates harmless from any claim, suit or demand, including attorney's fees, made by You or a third party due to or arising out of Your utilizing Our services, Your violation or breach of these Terms of Service, Your violation of any rights of a third party, or any other act or omission by You.

Mandatory Arbitration

(1) Any controversy, dispute or claim arising out of or relating to Your use of Services provided by the Company shall be determined by mandatory binding arbitration between the Company and You, with three arbitrators, to be administered by the American Arbitration Association in accordance with the rules of the American Arbitration Association.  The said arbitration shall be conducted in English and shall be confidential in order to provide protection for Your privacy and for the Company’s confidential information, and for the rights, property, and matters set forth in these Terms of Service. Accordingly, except as may be required by law, neither You nor the Company or any other party to the arbitration, nor Your or Our or their representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. You and the Company specifically agree that the proper place for any such arbitration is Wilmington, Delaware.  You and the Company hereby agree that any party herein shall have the right to seek any emergency and/or interim relief, including injunctive relief, under American Arbitration Association rules. In any arbitration under these Terms of Service, You agree to accept service of process by mail at the address You use in Your payment records (or at any different address of which You have notified the Company in writing). In any action in which service of process is made pursuant to this paragraph, You and the Company each waive any challenge to the personal jurisdiction of the American Arbitration Association in Wilmington, Delaware.  Any judgment on any award rendered by the arbitrators may be entered in any court or tribunal having jurisdiction thereof. 

(2) There shall be no right or authority under these Terms of Service for any dispute, controversy, or claims to be arbitrated on a class action basis, and You and the Company hereby specifically give up and waive any right to bring any claim under these Terms of Service as a member of a class on a class or group action basis in any tribunal. It is Your and the Company’s intention under these Terms of Service that any and all actions on disputes, controversies and/or claims hereunder are to be only between You and the Company in our personal capacities and not as members of any class, group or representative proceeding. 

Delaware Governing Law

You understand, acknowledge and agree that, irrespective of the place at which any Services provided to You by the Company under these Terms of Service are actually performed, all rights and obligations hereunder, including, without limitation, matters of construction, validity, application and performance under these Terms of Service shall be, and these Terms of Service are made under, governed and controlled by and construed in accordance with, the internal law of the State of Delaware, without regard to any principles of conflict of laws.

Severability

To the extent any provision of these Terms of Service or part thereof shall be found invalid or unenforceable, it shall be considered deleted herefrom and the remainder of such provision or provisions of these Terms of Service shall be unaffected and shall continue in full force and effect as though such provision or provisions or part thereof were not contained herein. In furtherance and not in limitation of the foregoing, You and the Company agree that the appropriate tribunal shall have the power to reform any of the provisions herein as aforesaid.

Consent to Personal Jurisdiction in Delaware

You agree that arbitration and all other legal actions, if any, to the extent permitted hereunder regarding these Terms of Service and/or Your Products shall be filed and heard in, Wilmington, New Castle County, in the State of Delaware and the You hereby consent to such personal jurisdiction and venue in Wilmington, New Castle County, in the State of Delaware, waiving any and all objections thereto.  

Acknowledgement of Your Acceptance of Terms of Service

By using the Website or any of Our services, or by making a payment to the Company ,You acknowledge that You have read these Terms of Service, and You agree to be and are bound by them.