Featuring Terms of Service

Last Updated: 09/15/17

General

Applicability

The following terms of service ("Terms of Service") govern your use of this site ("Site") and the Featuring for Trello web-based application integration service specifically for use with Trello, accessed through the Site ("Service"), both of which are operated by Fannypack LLC ("Fannypack"). Your use of the Site and/or the Service, is conditioned upon your acceptance and agreement to these Terms of Service, and you irrevocably agree that such use is subject to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Site or the Service. If you are entering into these Terms of Service on behalf of an entity, you represent that you have the actual authority to bind such entity to these Terms of Service.

Modifications to Terms of Service

Fannypack expressly reserves the right to modify the Terms of Service at any time in its sole discretion, and without prior notice to you, by including such alteration and/or modification in these Terms of Service, along with a notice of the effective date of such modified Terms of Service. It is your responsibility to check our website periodically for changes. Any continued use by you of the Site or the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Site or Service.

Site Content

Fannypack Content

Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on the Site and/or the Service (collectively, "Fannypack Content") are the copyrighted works of Fannypack and its licensors, and Fannypack and its licensors expressly retain all right title and interest in and to the Fannypack Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Service, any use of the Fannypack Content may violate copyright and/or other applicable laws.

Third-Party Content

In addition to Fannypack Content, the Site and/or the Service may contain information and materials provided to Fannypack by third parties (collectively, "Third Party Content"). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Service, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

trademarks

All trademarks, service marks and logos included on the Site (except to the extent constitution Your Content, "Marks") are the property of Fannypack or third parties, and you may not use such Marks without the express, prior written consent of Fannypack or the applicable third party.

Copyright Infringement

As a condition of your right to use the Site and the Service, you agree to respect the intellectual property rights of others. Accordingly, you agree not to upload or post to the Site or the Service any copyrighted materials, trademarks or other proprietary information belonging to any third party without the prior written consent of the applicable third party. You acknowledge that Fannypack may terminate your access to the Site and/or the Service if you infringe the copyright of third parties. If you believe that your copyrighted work has been illegally uploaded or posted on the Site or the Service, you may send a written notice to Fannypack at legal@fannypack.me, and Fannypack will respond pursuant to its Digital Millennium Copyright Act ("DMCA") procedure. Fannypack's DMCA procedure is in accordance with that suggested by DMCA, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. Fannypack reserves all rights to seek damages and fees associated with infringement and or fraud.

Your Use of the Site and Service

Fees

Some features of the Service may only be accessed and used upon the payment of applicable fees ("Fees"). Fees may vary depending on usage in accordance with our current pricing policy. All Fees are subject to change at Fannypack's sole discretion, and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Cancellation and Termination

These Terms of Service are effective unless and until terminated by either you or Fannypack. You may terminate these Terms of Service at any time by notifying Fannypack that you no longer wish to use the Service, or when you cease using our Site.

Fannypack reserves the right to cancel the Service or the Site, or your use of it, at any time and without notice. Without limiting the foregoing, if in Fannypack's sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, Fannypack may terminate your use of or deny your access to the Site or Service without notice or warning, and you will remain liable for all amounts due up to and including the date of termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Linked Websites

The Site may contain links to other websites that are not owned or operated by Fannypack, and you agree that Fannypack provides links to such websites solely as a convenience and has no responsibility for the content or availability of such websites, and that Fannypack does not endorse such websites or any products or services associated therewith. Your use of such websites will be subject to the terms of use applicable to each such website.

Fannypack shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Limitation of Liability, Indemnification

Warranty Disclaimer

THE SITE AND, SITE CONTENT AND THE SERVICE ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND FANNYPACK MAKES NO WARRANTY THAT THE SITE, SERVICE OR SITE CONENT ARE OR WILL BE (i) COMPLETE, (ii) SUITABLE FOR YOUR PURPOSE, (iii) ACCURATE, (iii) UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. ON BEHALF OF ITSELF AND ITS LICENSORS, FANNYPACK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE, SERVICE AND/OR THE SITE CONTENT RESTS WITH YOU AND FANNYPACK MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITE AND OR THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SITE, SERVICE AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT FANNYPACK SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF FANNYPACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. You acknowledge that you have read, understand and agree to Featuring for Trello's Privacy Policy located at https://featuringfortrello.com/privacy, which is hereby incorporated into and made a part of these Terms of Service by this reference, as the same may from time to time be amended by Fannypack.

Indemnification

You hereby irrevocably agree to indemnify, defend and hold Fannypack, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses (including attorneys' fees) arising out of or related to (i) any third party claim resulting from a breach by you of any of your covenants, representations or warranties contained in these Terms of Use and/or (ii) your use of the Site and/or the Service.

General

These Terms of Service constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms of Service supersede all prior or contemporaneous discussions, proposals and agreements between you and Fannypack relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms of Service will be effective unless in writing and signed by an officer of Fannypack. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by Fannypack may be implied from any actions or failures to enforce rights under these Terms of Service. These Terms of Service are intended to be and are solely for the benefit of Fannypack and you and do not create any right in favor of any third party. These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflict of laws principles. All disputes arising out of or relating to these Terms of Service will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Seattle, Washington, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.

Contact

You may reach Fannypack by emailing legal@fannypack.me.