FEFan Engage
Join
← Fan HomeEffective 8/3/2026

Fan Engage Pro — Terms of Use

THIS IS A CONTRACT

This Terms of Use is a legal contract between you, the user of this website ("you," "your" or "User"), and Fan Engage Pro LLC, a North Carolina limited liability company ("we," "us" or "FEP"). This Agreement contains the terms and conditions that govern your use of www.fanengagepro.com, www.fanengagepro.net, and any subsequent URL which may replace them, and all associated websites, URLs, mobile applications and micro sites (together, the "Sites") and all of our services, software, technical, and communications platform(s) available on and through our websites and mobile applications or otherwise on all platforms (together, the "Services"). If you have entered into a subscription agreement contract with us, these Terms of Use supplement and are complementary to that contract, and if there is any conflict or discrepancy between these Terms of Use and your subscription contract, the terms of your subscription contract shall prevail.

All visitors to our Sites, whether registered or not, are "Users", and are agreeing to the terms ande conditions of this Terms of Use (this "Agreement"), which includes these Terms or Use and our Privacy Policy.

BY USING THE SITES, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SITES.

WE RESERVE THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE SITES.

THIS AGREEMENT REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES, AS STATED IN THE "ARBITRATION" SECTION BELOW (OTHER THAN CERTAIN INTELLECTUAL PROPERTY DISPUTES DESCRIBED IN THAT SECTION), WHICH YOU SHOULD READ IN ITS ENTIRETY. YOU EXPRESSLY AGREE WITH US THAT ANY DISPUTE MAY ONLY BE RESOLVED THROUGH AN INDIVIDUAL ARBITRATION BETWEEN YOU AND US, AND SHALL NOT BE BROUGHT AS A CLASS ARBITRATION, A CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

AGE REQUIREMENT

IF YOU ARE UNDER AGE 18, YOU MAY NOT USE THIS SITE.

The Services are intended for people 18 and older. You may not register as a User unless you are 18 or older. We expressly disclaim, and you expressly release FEP from, any and all liability whatsoever for any controversies, claims, suits, loss, penalties, or damages, arising from or in any way related to any misrepresentations regarding the age of any User. We will terminate with or without notice any User who we believe is under the age of 18.

RULES FOR INTERPRETATION

To help ensure that we all read and understand this Agreement the same way, here are a few rules of interpretation that apply to this Agreement: "or" is not exclusive and includes "and/or"; "including" means "including, without limitation"; "shall" means 'has a duty to; is required to;' headings do not affect interpretation; unless the context clearly requires otherwise (i) singular includes plural and plural includes singular, and (ii) words of one gender include all genders; references to Users or persons are deemed to include individuals, companies, corporations, bodies corporate, limited liability companies, firms, partnerships, joint ventures, incorporated and unincorporated associations, organisations, trusts, states or agencies of state, government departments and local and municipal authorities, in each case whether or not having separate legal personality; and unless the context clearly requires otherwise, the terms "herein," "hereunder," "hereby," "hereto," "hereof" and any similar terms refer to this Agreement as a whole and not to any particular Section.

RULES FOR USE

By using the Services, Users expressly agree to the following:

USER CONTENT

You retain ownership rights to the User Content you submit to or make available on the Services. You represent and warrant that (a) you own or have the necessary licenses, rights, consents and permissions to use, and authorize FEP to use in order to operate the Services, all patent, trademark, trade secret, copyright or other intellectual property rights or proprietary rights in and to your User Content; and (b) you have any and all necessary written or implied consents, releases, or permissions of each and every identifiable individual person in the User Content to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by this Agreement.

Warning: ALL USE OF THE SERVICES IS AT YOUR SOLE RISK. By providing you with the ability to view and distribute user-generated content through the Services, FEP is not undertaking any obligation or liability relating to User Content or Users' activities. By using the FEP Service, you may be exposed to content that you may consider to be offensive, indecent or objectionable. Under no circumstances will FEP be liable in any way for User Content, including for any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of User Content. FEP assumes no responsibility or liability that may arise from User Content, including claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. By using the Services, you agree that FEP undertakes no obligation to remove User Content based on any complaint that you may make concerning User Content and you further agree that FEP makes no promises to remove any content based on any complaint that you may make concerning User Content. This term, like all of the provisions in the Terms of Use, may not be modified orally.

By submitting User Content to the Services, you hereby grant FEP a worldwide, non-exclusive, royalty-free, and sub-licensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content for the sole purpose of operating and performing the Services. You also grant each User a non-exclusive license to access your User Content through the Services and to use, reproduce, distribute, display and perform such User Content.

LICENSE GRANT

Subject to the terms and conditions of this Agreement, you are hereby granted a revocable, non-transferable, non-exclusive, limited right and license to use the Services in accordance with the terms of your subscription. FEP reserves all rights not expressly granted herein in the Services. FEP may terminate this license at any time for any reason or no reason.

You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not sell, rent, lend, lease, redistribute, or sublicense the Site or Service or work around any technical limitations in the software. You may not copy, reverse engineer, decompile, disassemble, modify, create derivative works or otherwise attempt to derive the source code of this software. Any use of the software and its content not explicitly permitted by this Agreement is a breach of this agreement and may violate the law. If you violate this Agreement Terms, your permission to use the Services automatically terminates and you must immediately cease using the Services.

SMS MESSAGING TERMS AND CONDITIONS

FEP offers you mobile alerts and messaging as part of the Services by text, SMS (also known as Short Message Service), MMS (also known as Multimedia Messaging Service) and RCS (also known as Rich Communication Services) messaging services as well as SMS/MMS "long codes" or "short codes" that may be provided or made available to you in conjunction with your use of the Services or the Site (SMS/MMS Codes), and the software, technical and communications platform(s) available on and through the Site (together, "Messaging" or "Messages"). BY OPTING INTO MESSAGING,PARTICIPATING IN MESSAGING OR BY SUBMITTING YOUR MOBILE DEVICE NUMBER OR SENDING TEXT MESSAGES, YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THESE TERMS AND THE PRIVACY POLICY, AND EXPRESSLY CONSENT TO RECEIVE TEXT MESSAGES (INCLUDING MARKETING/ADVERTISING MESSAGES) TO YOUR MOBILE DEVICE FROM FEP OR ITS CUSTOMERS VIA AUTOMATED TELEPHONE DIALING SYSTEMS OR OTHER AUTOMATED TECHNOLOGY, AS MORE FULLY SET FORTH HEREIN. Enrollment in Messaging requires you to provide your mobile phone number and agree to these Terms and our Privacy Policy and Cookie Policy before the Messaging starts. You may not enroll if you are under 18 years old. FEP reserves the right to stop offering the Services at any time with or without notice.

Opting Into or Participating in Messaging or Submitting Your Mobile Device Number or Sending Messages By opting into or participating in Messaging or by submitting your mobile device number or sending text messages (including, without limitation, by submitting your contact information) you:

Charges and Carriers: Message and data rates may apply. You acknowledge that you are responsible for any message, data, or other charges incurred as a result of using Messaging. Your carrier may not allow you to use pre-paid phones or calling plans to receive alerts. Messaging or Services may not be compatible with all wireless carriers or devices. You agree FEP is not responsible or liable for any undue delays, failure of delivery, or errors in Messaging.

Stopping Messaging: To stop receiving Messaging from FEP, reply with STOP to any Messaging you received from FEP or use the unsubscribe link we may provide within any of FEP's Messaging. This is the exclusive method for opting out. After texting STOP to FEP, you may receive one additional message confirming that your request has been processed. If you opt-out of receiving emails or text messages from one of our Users, you may continue to receive emails or text messages from any other Users' email or text message programs you have joined until you separately unsubscribe from those programs.

Changes to Messaging/Bouncebacks: FEP may change its Messaging at any time. Your continued use of FEP's Messaging signifies your acceptance of such changes. You agree that any messages you send to a telephone number or short code we have changed, including but not limited to, STOP or HELP requests, may not be received, and FEP will not be liable for completing such requests. We may send you a bounce back message for every message you send to us. We are not responsible for the accuracy of any information displayed in our mobile messaging, for any misdelivery or untimely delivery of any mobile messaging, or for your deletion of or failure to store any mobile messaging from us.

Message Content: You shall be fully responsible for the content of any Messaging and to examine and review any Messaging before transmission. You shall protect and compensate FEP for any issues or disputes or claims brought by any third party due to the content of such Messaging. If any provisions in these Terms are violated, FEP shall have the right to immediately suspend or terminate the Services, at its sole discretion, without prejudice to any damages that FEP may be entitled to claim, and any penalties shall not be applicable to FEP in this case. Each User acknowledges that the commitments and obligations contained in these Terms are binding and valid. All of the content and message profiles sent by each User on the Service must comply with the terms of acceptable use described in these Terms. FEP reserves the right, at its sole discretion, to monitor any User's messaging traffic, and determine if Services are being used in compliance or in violation of the Terms. FEP reserves the right, at its sole discretion, to (i) delay the delivery of any Messaging from the User if additional approval for User's Messaging traffic is required from FEP's carrier or service provider partners, or (ii) cancel the delivery of any Messages from the User in case of any violations or attempted violations of these Terms by User. Each User acknowledges and agrees that Messages to or from such User may be blocked by carriers or other service provider partners for reasons known or unknown to FEP. FEP is under no obligation to investigate or remedy any such blockage for any User.

SUBSCRIPTION & PAYMENT

Your user account will be accessed through a user ID and password that you will create (your "ID") when you engage in the registration process. You are responsible for maintaining the confidentiality of your ID, and you are fully and solely responsible for all activities that occur under your ID. It is up to you to take adequate precautions with your ID, and to immediately notify FEP of any unauthorized use of your ID.

By signing up for the Services, you agree to the current plans and pricing identified and charged at the time you register your account.

You will be billed in advance on a recurring and periodic basis. Billing cycles are set on a monthly basis, depending on the type of subscription plan you select when purchasing a subscription. At the end of each billing cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or FEP cancels it. In addition, you will be billed monthly for any Services that you purchase from FEP, including messaging usage, add-on subscriptions, one-time charges, and any other applicable costs, fees and charges. A valid payment method, including a credit card, is required to process the payment for your subscription or your purchase of other Services. You shall provide FEP with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By providing a payment method, you represent and warrant that you are authorized to use such payment method. By submitting such payment information, you automatically authorize FEP to charge all Subscription fees incurred through your account to any such payment instruments.

If automatic billing fails to occur for any reason, FEP will suspend or terminate your use of the Services.

We do not store your payment method information. They are processed by our payment processors ("Payment Processors"). The processing of your payments may be subject to the terms, conditions, and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use Services you are authorizing our Payment Processors to charge your payment for the Subscription fees associated with the Services that you sign up for. Any payment method that you provide must be valid, and kept current by you during the subscription term. We will begin billing your payment method for the Services on the day that you sign up for such Services, regardless of whether you have fully completed your account as of that date.

Termination / Cancellation

Your payment method will automatically be charged recurring renewal fees on the first day of the renewal term unless you cancel your subscription. You may change or cancel your subscription renewal either through your online account management page or by contacting FEP customer support team; however, you will be charged for all outstanding payments and charges, including any renewed subscription, before the cancellation of your subscription is processed. You agree to notify us of any changes required to keep your payment method-on-file current. You agree that failure to keep your payment method-on-file current may result in interruption to your use of the services.

If you terminate or cancel your subscription you will lose any Fan Engage Pro Rewards Program rewards points, and if you were a Founding Fan, your Founding Fan status will be forfeited.

Price Changes

FEP, in its sole discretion and at any time, may modify pricing or subscription fees for the subscriptions. Any subscription fee change or changes to any other fees, charges or costs will become effective at the end of the then-current billing cycle, unless any pricing change becomes effective at a different time or immediately. FEP will provide you with reasonable prior notice of any change in subscription fees or changes to any other fees, charges or costs to give you an opportunity to terminate your subscription before such change becomes effective.

Your continued use of Services after any pricing or subscription fee change comes into effect constitutes your agreement to pay the modified pricing or subscription fee amount. We reserve the right to change the subscription fees that we charge for the Services, at any time in our sole discretion, provided that we give you reasonable prior notice of such changes.

Refunds

SUBSCRIPTION FEES AND OTHER FEES, CHARGES AND COSTS ARE NONREFUNDABLE. YOU WILL BE BILLED IN FULL FOR THE SUBSCRIPTION TERM IN WHICH YOU CANCEL AND FOR OTHER FEES, CHARGES AND COSTS INCURRED AS OF THE EFFECTIVE DATE OF CANCELLATION AND NO REFUNDS WILL BE PROVIDED FOR THE UNUSED PORTION OF SUCH SUBSCRIPTION TERM OR FOR SUCH OTHER FEES, CHARGES AND COSTS. Following any cancellation, however, you will continue to have access to the subscription Services through the end of your current Subscription term.

Termination or Restriction of Access

FEP reserves the right, in its sole discretion, to terminate your access to any or all of this Site and the related services or any portion thereof at any time, without notice.

INTERNATIONAL USE

FEP controls and operates the Sites and provides the Services from its offices in the U.S.A., and FEP makes no representation that the Services or the Sites are appropriate or available for use beyond the U.S.A. If you use the Services or the Sites from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Services may describe services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. FEP reserves the right to limit the availability of the Services or the Sites or the provision of any content, program, product, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. Delivery and delivery rates of text/SMS/MMS messages are the responsibility of third party mobile carriers to whom such messages are delivered and may vary.

ARTIFICIAL INTELLIGENCE, GENERATIVE ARTIFICIAL INTELLIGENCE FEATURES

We may use artificial intelligence, machine learning, and natural language processing ("AI") in connection with our Services. We may also use AI for analysis during and after the creation of your account.

In addition, we may offer or integrate with certain AI features as part of the Services (each, an "AI Model"), including to create messages, marketing or promotional materials, and use other information and content in connection with the Services ("Content Generation"), analyze your performance, organize end users' or their contact information, and more. For clarity, any such AI Model is part of the Services and your use of the AI Model is considered part of your use of the Services.

You are responsible for ensuring that any summary, text, instructions or other User Content you make available while using the features of any AI Model are appropriate and permissible under this Agreement. For the avoidance of doubt, such inputs are "User Content" for purposes of this Agreement.

Use of the AI Model may result in content, materials, data, visuals, metrics, insights, optimizations, recommendations, and other output generated or provided by the AI Model ("Outputs") that are inaccurate or otherwise not fit for use (including from a legal or business perspective), and FEP makes no warranties, express or implied that the AI Models or any Outputs are free from error or bias. You are solely responsible for such Outputs, which is also your "User Content" for the purposes of this Agreement. You must carefully review the resulting Outputs before you add it to any messages or other information or content used in connection with the Services, rely on such Outputs, or otherwise use such Outputs to ensure everything is accurate, lawful, and otherwise appropriate and is not detrimental to FEP and the general public. You agree to have adequate rights to input such data into the AI Model and to use the Outputs and any such User Content. You shall ensure that your use of any Output does not violate the intellectual property or proprietary rights of FEP or any third party. You are not required to use any such Outputs, and you are free to and should modify them as appropriate to ensure compliance with this Agreement. You also acknowledge and agree that any Outputs may not be protectable under copyright or other intellectual property, proprietary rights, or other law. FEP makes no warranties or representations, express or implied, that the Output is protectable under any law. Where appropriate or in the event such a disclaimer is required by FEP, you will include as part of any message or other information or content used in connection with the Services or User Content that you develop using the AI Model a disclaimer to end users to communicate that the applicable message or other information or content used in connection with the Services or User Content may contain errors and should be independently verified.

Due to the nature of generative AI, Outputs may not be unique and the AI Model may generate or provide the same or similar Output for you as it generates or provides for other users. For clarity, Outputs for other users are not considered your User Content.

Without prejudice to any of our other rights, you acknowledge and agree that FEP may use certain third parties to provide AI Models, including to generate Outputs and to process and store your inputs and Outputs in private hosting environments. By using the AI Model, you authorize and agree that such third parties may access, use, and store any inputs and Outputs pursuant to their relevant terms and privacy policies.

By using any AI Model, you hereby grant FEP (and their representatives) a perpetual, worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid-up, sublicensable (through multiple-tiers) license to access, use, exploit, modify, display, publicly perform, distribute, copy, create derivatives from (including derivative works of) and process any and all inputs and Outputs (including any intellectual property contained therein or embodied thereby) for any purpose, including, without limitation, in connection with the Services, to develop and improve the AI Model and for purposes stated in our Privacy Policy.

We may use your inputs and Outputs for machine learning purposes in order to develop and improve the AI Model, the Services, and similar products.

AI Models may only be available in certain languages and subject to certain limitations (e.g., restrictions on use for certain types of customers or for certain purposes). You shall comply with any such restrictions or limitations. FEP may modify, suspend, discontinue, or further limit use of any AI Model at any time (without any notice to you) for any reason or no reason. We may limit, suspend, or terminate an AI Model or your participation in or access to the AI Model at any time, for any reason or no reason, and we may suspend or terminate your FEP account if you violate any of our terms or policies. If we do any of the foregoing, we are not in any way liable to you for any modification, suspension, termination, discontinuation, or limitation. Without limitation, the laws and regulations governing AI and related technology are uncertain and evolving, and the ability to use the AI Model or Outputs may be adversely impacted in the future.

We cannot control or predict the outcome of AI in any particular case. Neither we nor any of our affiliates nor any of their representatives will be or are responsible for any outcomes of AI.

DISCLAMER OF WARRANTIES

All content, information, the Services and the Sites are provided on an "As Is", "As Available" basis. Use of the Sites or Services is solely at your own risk.

THE SITES AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, FEP, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SITE OR USER CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT OR REVENUE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS INCLUDING ANY FAILURE OF ANY SERVICE TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR SERVICES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY (For details see Privacy Policy).

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

To the extent permissible by law, FEP expressly disclaims any and all other warranties.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): FEP MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR WEBSITE OR ANY WEBSITE LINKED TO OUR WEBSITE. FEP is not liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other User content stored on our equipment, transmitted over networks accessed by our Services, or otherwise connected with your use of the Services.

LIMITATION OF LIABILITY

IN NO EVENT WILL FEP AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITES OR SERVICES, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY FEP OR AN AUTHORIZED FEP RESPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO SUE FEP AND ITS AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR DAMAGES OR LOSSES RESULTING FROM YOUR USE OF THIS SITE.

YOU AGREE THAT FEP WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY.

WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE REPRESENTATIVES, WILL HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (A) ANY FAILURE OF ANOTHER USER TO CONFORM TO THE RULES FOR USE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES OR SERIVCES, (E) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT, OR (F) ANY LOST, STOLEN, OR DAMAGED CONTENT.

THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE HIGHEST OF THE FOLLOWING: (a) THE AMOUNT AWARDED BY THE ARBITRATOR, IF ANY; (b) THE LAST WRITTEN SETTLEMENT AMOUNT OFFERED BY US IN SETTLEMENT OF THE DISPUTE PRIOR TO THE ARBITRATOR'S AWARD; OR (c) ONE HUNDRED DOLLARS ($100). IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.

OUR LIABILITY WILL BE LIMITED UNDER THIS SECTION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS SECTION WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES, OR COSTS OTHERWISE PROHIBITED UNDER THIS SECTION. THE PROVISIONS OF THIS SECTION THAT (1) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (2) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF THE

AMOUNT AWARDED BY THE ARBITRATOR, IF ANY, THE LAST WRITTEN SETTLEMENT AMOUNT OFFERED BY US IN SETTLEMENT OF THE DISPUTE PRIOR TO THE ARBITRATOR'S AWARD, OR $100, AND (3) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

INDEMNIFICATION

You agree at your expense to indemnify, defend and hold harmless FEP and its affiliates from any and all loss, damage or liability including reasonable attorney's fees arising from any third-party claim, action or allegations of infringement based on: (1) information, content or data you submitted in connection with the Services; (2) your use of the Services in breach of any term or condition in this Agreement; and (3) any violation of an applicable law, regulation or rights of another including misrepresentation and fraudulent conduct.

COPYRIGHT AND INTELLECTUAL PROPERTY

FEP and its third-party providers own all material and content of the Services. All content is protected under intellectual property and proprietary rights laws. You may use the Services and its content and materials only for the purposes stated in this Agreement. You may copy the content for your own personal, non-commercial us, provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the Services' content including text, graphics, logos, sound, images, photographs, video, or software is permitted without the express written consent of FEP and where applicable, the copyright holder. Except as expressly granted herein, this Agreement does not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of FEP.

DMCA Notice and Procedure for Copyright Infringement Claims

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to bhamilton@joneskeller.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

ANALYTICS

We may use third-party service providers (as defined below) to monitor and analyze the use of our Services.

Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245

Google Analytics and any other analytics vendors used.

TRADEMARKS

Fan Engage Pro and any other product and service names that we may present on the Sites or Services are trademarks or registered trademarks of FEP. Other trademarks, service marks or logos that appear on the Services may be the property of third parties and are likely to be registered trademarks and subject to restrictions as to their use. Your use of the Services does not grant you a right or license to use or reproduce any FEP or third-party trademarks without first receiving the express permission of both FEP and the trademark owner.

You may not utilize framing techniques to enclose any FEP trademark or logo without our express written consent.

You may not use any meta tags or any other "hidden text" utilizing the name of the Site or associated trademarks or FEP's name or trademarks without our express written consent.

You may not deep-link to the Site and will promptly remove any links that FEP finds objectionable in its sole discretion.

You may not use any logos, graphics, or trademarks of FEP or those related to the Site as part of the link without our express written consent.

RESOLUTION OF DISPUTES – ARBITRATION – APPLICABLE LAW

Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of laws. A printed version of this Agreement shall be admissible in any legal proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CLASS ACTION WAIVER AND BINDING ARBITRATION (if you live in the United States). YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WE AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Binding Arbitration. We hope to never have a dispute with you, but if we do, you and we agree to try for 60-days to resolve it informally through discussion and communication. If we cannot resolve the dispute, you and we agree to binding individual arbitration before the American Arbitration Association (the "AAA") under the Federal Arbitration Act (the "FAA"), and not to sue in court in front of a judge and jury. Instead a neutral arbitrator will decide, and the arbitrator's decision will be final except for the limited rights of appeal provided in the FAA. The AAA will conduct the arbitration under its Commercial Arbitration Rules, except that, if you are an individual and use our products for personal or household use, or the value of the dispute is $75,000 or less, the arbitration will be conducted under AAA's Consumer Arbitration Rules. In a dispute involving $25,000 or less the arbitration hearing will be by telephone conference call unless the arbitrator finds good cause to have a hearing in person. The place of the arbitration and each in person hearing shall be North Carolina. The arbitrator may award the same damages to you as a court could. The arbitrator may award declaratory or injunctive relief only to you individually if necessary to satisfy your individual claim. Each of you and us will be responsible for our own costs and attorneys' fees for the arbitration. If you are the prevailing party in the arbitration, the arbitrator may award you your costs and fees. If we are the prevailing party, and the arbitrator finds that your claims against us were frivolous, unfounded, or brought in bad faith, or if you bring any action attempting to violate these terms, such as attempting to bring a class action, then the arbitrator will award us, and require you to pay us, our costs and attorneys' fees in defending the action.

Except as otherwise expressly provided, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law or in equity. YOU AND FEP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

GENERAL TERMS

Any provision of this Agreement that is found to be invalid or unenforceable will be replaced by a valid and enforceable provision that achieves, as near as possible, the same objectives as the deleted provision was intended to achieve. The remaining provisions of this Agreement shall remain in full force and effect. The failure of FEP to act with respect to a breach by you does not waive the right of FEP to act with respect to similar future breaches. This Agreement shall be binding upon each party's successors and assigns. FEP shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond FEP's reasonable control. Any notice required or given to you under this Agreement shall be sent to the e-mail address you provided by you upon registration.

This Terms of Use was last updated on August 3, 2026

Last updated 8/1/2026.

Fan Engage uses cookies for sign-in and basic platform features. See our Cookie Policy and Privacy Policy.