Terms and Conditions
These Terms and Conditions constitute a legal agreement between you and Fernleaf. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these terms. These conditions work in conjunction with our Terms of Service to govern your relationship with us. If you do not agree to these terms, please do not use our services.
Last Updated: December 1, 2025
User Obligations and Responsibilities
Legal Conduct Requirements
As a user of our services, you agree to conduct yourself in a lawful and responsible manner. Specifically, you must:
- 1. Comply with all applicable local, state, federal, and international laws and regulations when using our services
- 2. Provide accurate, truthful, and complete information when requested
- 3. Respect the intellectual property rights of Fernleaf and third parties
- 4. Refrain from any activity that could harm, disable, or impair our services
- 5. Maintain the confidentiality of your account credentials if applicable
Prohibited Activities and Behaviors
You are expressly prohibited from engaging in any of the following activities:
- 1. Posting, transmitting, or sharing content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- 2. Impersonating any person or entity or falsely representing your affiliation with any person or organization
- 3. Attempting to gain unauthorized access to any portion of our website, systems, or networks
- 4. Interfering with or disrupting our services or servers, or disobeying network security or usage policies
- 5. Using automated systems or software to extract data from our website without permission
- 6. Engaging in any form of fraudulent activity or misrepresentation
Content Guidelines and Restrictions
If you submit, post, or otherwise contribute content to our website, you agree that your content will not violate any law or infringe on the rights of any third party. You are solely responsible for any content you provide, and we reserve the right to remove any content that violates these terms or that we determine, in our sole discretion, to be inappropriate or harmful.
Age Restrictions and Requirements
You must be at least 18 years of age to use our services independently. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian. By using our services, you represent and warrant that you meet these age requirements.
Compliance and Responsibilities
Compliance with Laws and Regulations
You agree to comply with all applicable laws, regulations, and ordinances in connection with your use of our services. This includes, but is not limited to, laws regarding data protection, consumer rights, intellectual property, and electronic communications. You are responsible for ensuring that your use of our services is legal in your jurisdiction.
Indemnification Obligations
You agree to indemnify, defend, and hold harmless Fernleaf, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising out of or related to your use of our services, your violation of these Terms and Conditions, or your violation of any rights of a third party.
Privacy and Data Protection
Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to the practices described in our Privacy Policy. You agree to use any personal information about other users that you may access through our services solely for the purposes permitted by these terms.
Third-Party Interactions
Our services may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party sites. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of or reliance on any third-party content, goods, or services.
Disclaimers and Limitation of Liability
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- • Warranties of merchantability, fitness for a particular purpose, and non-infringement
- • Warranties regarding the accuracy, reliability, or completeness of content
- • Warranties that our services will be uninterrupted, secure, or error-free
- • Warranties that defects will be corrected or that our servers are free of harmful components
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FERNLEAF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
Consequential Damages Exclusion
We shall not be liable for any damages that result from the use of or inability to use our services, including but not limited to reliance on any information obtained from our services, mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. This limitation applies regardless of whether such liability is based on contract, tort, negligence, strict liability, or otherwise.
Force Majeure Provisions
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Legal Terms and Dispute Resolution
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the United States for the resolution of any disputes arising from these terms or your use of our services.
Dispute Resolution Procedures
In the event of any dispute, claim, or controversy arising from or relating to these Terms and Conditions or your use of our services, we encourage you to first contact us directly to seek resolution. We will work with you in good faith to resolve the matter informally. If we are unable to reach a resolution within thirty days, either party may pursue formal legal remedies in accordance with the governing law provisions stated above.
Severability Clause
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these terms, and the remaining provisions shall continue in full force and effect.
Terms Modification Policy
We reserve the right to modify these Terms and Conditions at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, for material changes, we will provide notice through our website or via email. Your continued use of our services after such modifications constitutes your acceptance of the updated terms. We encourage you to review these terms periodically to stay informed of any changes.
Entire Agreement
These Terms and Conditions, together with our Privacy Policy, Terms of Service, and any other legal notices or policies published on our website, constitute the entire agreement between you and Fernleaf regarding your use of our services and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter hereof.
Waiver and Assignment
No waiver of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations without restriction.
Questions About These Terms?
If you have any questions or concerns about these Terms and Conditions, please don't hesitate to reach out. We're here to provide clarification and address any issues you may have.
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