TERMS OF USE / DISCLAIMER / PRIVACY POLICY

To access and use this web site, you must agree to and follow these Terms of Use / Disclaimer. These Terms of Use / Disclaimer covers all use of this web site and the information provided through use of the web site.

By using this web site you accept all the terms of this disclaimer without exception; and you agree to be bound by and abide by these Terms of Use / Disclaimer.

The information provided through this web site, the “Services”, is for informational purposes only, and is owned, produced and provided by FernLeaf Interactive, LLC (herein "FernLeaf”).

DISCLAIMER OF ALL WARRANTIES AND LIMITATION OF LIABILITY

The information provided through this web site is for informational purposes only and is provided “as is” without any warranties, express or implied, or representations of truth, accuracy of content, or fitness for a particular purpose. In particular:

YOU AGREE THAT USE OF THE WEB SITE IS AT YOUR OWN RISK. THE SERVICES, THE CONTENT, THE APPLICATION, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE WEB SITE, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FERNLEAF DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR GENERAL PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT; OR THAT FERNLEAF SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.

IN NO EVENT SHALL FERNLEAF, ITS INDIVIDUAL MEMBERS, OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “FERNLEAF PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF FERNLEAF SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE WEB SITE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE FERNLEAF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, FEES AND EXPENSES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS.

NOT OFFERING ENGINEERING OR SAFETY ADVICE

FernLeaf is not offering engineering or safety advice through the Services provided. The services are for informational purposes only. Use of the information is at your own risk. The information provided is not meant to be a substitute for professional engineering or safety advice. Any maps or analysis products are for graphical purposes only - they do not represent a legal survey. While every effort has been made to ensure that these data are accurate and reliable, FernLeaf cannot assume liability for any damages caused by any errors or omissions in the data. Users of our maps and other analysis products are solely responsible for interpretations made from these products. FernLeaf makes no warranty, expressed or implied.

COPYRIGHT / TRADEMARK

The information in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by and copyright 2017 by FernLeaf Interactive, LLC.

FernLeaf grants to you a worldwide non-exclusive royalty-free revocable license to view this website and the material on this website on a computer or mobile device via a web browser; copy and store this website and the material on this website in your web browser cache memory; and print pages from this website for your own personal use.

This means absent permission of FernLeaf you may not republish any information found on this web site, including screen grabs and reproduction of graphics and results; sell any material or information found on this web site; use any material found on this web site for any commercial purpose; redistribute any material or information found on this web site.

All other rights are reserved.

NO COMMERCIAL USE WITHOUT PERMISSION

The information provided through this web site is for personal, non-commercial use only. No user may use this web site, the information provided, or the services provided for commercial purposes of any kind without express written permission of FernLeaf. FernLeaf may be contacted at info@fernleafinteractive.com.

PRIVACY POLICY

FernLeaf complies with all state and federal regulations regarding the collection, security and use of personal data relating to users of this web site and the Services. Email and other personal information collected is collected using MailChimp’s third party services, and is subject to MailChimp’s terms of service, security, and privacy policy. You can find those here.

In addition, FernLeaf reserves the right to transfer such personal information as you may give to us to third parties including our service providers, partners, successor and assigns. By using the Services and providing your personal information, including name and email address, you authorize FernLeaf to use your data in the manner described here.

DISPUTES

Choice of Law and Forum. These Terms of Use and your use of the Services and information provided by this web site are governed by, and construed in accordance with, the laws of North Carolina without giving effect to principles of conflict of laws. In the event of a claim by you against the FernLeaf Parties, you agree to submit to the exclusive jurisdiction and venue of the Federal and State courts having jurisdiction over matters in Buncombe County, North Carolina. In the event of a claim by the FernLeaf Parties against you, you agree to submit to the jurisdiction of the courts located where the FernLeaf Parties pursue its claim against you, which may include courts in Buncombe County, North Carolina.

CONTACT

This web site and the information provided through the Services is provided by FernLeaf Interactive, LLC, which owns the web site and all of the content. Our principal place of business is in Asheville, North Carolina. You may contact us at info@fernleafinteractive.com for all inquiries.