These Terms and Conditions (“Terms”) govern your access to and use of feposervices.com and any content, tools or features made available through it (together, the “Site”). The Site is operated by F.E.P.O. LLC, trading as FEPO Services (“FEPO,” “we,” “us,” “our”).
Please read these Terms carefully. By accessing or using the Site you agree to be bound by them. If you do not agree, do not use the Site.
These Terms govern the Site only. They do not govern consulting services — see Section 3. Our handling of personal information is described in our Privacy Policy.
1. Who we are
Operator: F.E.P.O. LLC, a limited liability company organized under the laws of Delaware
Address: 16192 Coastal Highway, Lewes, Delaware, 19958
Contact: privacy@feposervices.com
2. Acceptance and changes to these Terms
We may revise these Terms from time to time. The revised version takes effect when posted, and the “Last updated” date will change. Where a revision is material, we will provide reasonable prominent notice on the Site. Your continued use of the Site after a revision takes effect constitutes acceptance of the revised Terms. If you do not agree to a revision, stop using the Site.
We may also change, suspend or discontinue any part of the Site at any time, including the Readiness Diagnostic, without liability to you.
3. Relationship to consulting engagements
These Terms apply to your use of the Site. They do not create, define, limit or govern any consulting relationship between you and FEPO.
Consulting services are provided only under a separate written agreement signed by both parties. Where such an agreement exists, that agreement governs the services, the deliverables, the allocation of risk and the parties' respective obligations, and nothing in these Terms limits, expands or modifies it. In the event of a conflict between these Terms and a signed engagement agreement, the engagement agreement controls with respect to the services.
Nothing on the Site — including any communication through the contact form, any output of the Readiness Diagnostic, or any published material — constitutes an offer capable of acceptance, forms a contract for services, or creates a professional or advisory relationship.
4. Eligibility and permitted use
The Site is intended for business and professional use by individuals aged 16 or over acting in a professional capacity. It is not directed to children and is not intended for personal or household use.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site, and to download or print individual pages for your own internal business reference. All other rights are reserved.
5. Prohibited conduct
You agree not to:
Use the Site for any unlawful purpose, or in any way that could damage, disable, overburden or impair it.
Access the Site by automated means — including scraping, crawling, harvesting or data mining — except by a search engine operating in accordance with our robots.txt file.
Copy, reproduce, republish, distribute, sell, license or create derivative works from Site content except as expressly permitted in Section 4 or Section 6.
Reverse engineer, decompile or attempt to derive the underlying methodology, scoring logic or source code of any tool made available on the Site, including the Readiness Diagnostic.
Conduct any security testing, penetration testing, vulnerability scanning or load testing of the Site without our prior written consent. Good-faith vulnerability reporting is welcome and is addressed in our Privacy Policy.
Submit false, misleading or another person's information through any form on the Site.
Circumvent, disable or interfere with any security, authentication or access-control feature.
Use the Site or its content to develop, train, benchmark or improve any competing product, service, dataset or machine learning model.
Remove, obscure or alter any copyright, trademark or other proprietary notice.
6. Intellectual property
The Site and all content on it — including text, graphics, photography, page design, the FEPO name and logo, the four-practice framework, the seam analysis framework, the Readiness Diagnostic and its questions, scoring logic and readout content, and all published articles and materials — are owned by FEPO or its licensors and are protected by copyright, trademark and other intellectual property laws.
We are glad to have our published thinking quoted and shared. You may quote short extracts from our published articles for commentary, reporting, research or internal discussion, provided you attribute them to FEPO Services and link to the original page where the quotation appears online. You may not reproduce an article in full, republish it on another site, or present our material as your own or as another organization's.
Nothing on the Site grants any license to use the FEPO name, logo or trademarks without our prior written consent, except to identify FEPO factually as the source of quoted material.
Photography on the Site depicts venues, events and environments. It is licensed to FEPO for use on the Site and may not be extracted or reused.
7. The Readiness Diagnostic
The Readiness Diagnostic is a free, self-service informational tool. This Section governs its use and applies in addition to the rest of these Terms.
The Diagnostic produces an indicative result based entirely on answers you supply about your own organization. We do not verify those answers, and we do not inspect, audit, visit or assess your organization in producing the result.
The Diagnostic is a general-purpose instrument of ten questions. It is not a professional assessment, an audit, an inspection, a safety evaluation, a risk assessment, a security review, a compliance determination, or advice of any kind about your organization, your facility, your event or your operations.
Its output must not be relied upon in making decisions affecting the safety of any person, the security of any facility, compliance with any law, regulation, code or standard, insurance or coverage decisions, or capital or operational expenditure.
A favorable result does not indicate that your operation is safe, compliant, adequately prepared or free from risk. An unfavorable result does not indicate that it is not. The result reflects only your own answers to ten questions.
The suggested actions accompanying a result are general observations. They are not a plan, a scope of work, a specification or a recommendation tailored to your circumstances.
Completing the Diagnostic does not create a consulting, advisory, professional or contractual relationship with FEPO, and does not obligate either party to anything.
The Diagnostic and its results are provided on an “as is” basis, without warranty of any kind. To the fullest extent permitted by law, FEPO accepts no liability for any decision made, action taken or not taken, or loss suffered in reliance on the Diagnostic or its output.
If you want an assessment of your organization, engage us or another qualified professional to perform one. That is a different exercise, conducted under a written agreement, and it is what the Diagnostic is not.
8. No professional advice
Content published on the Site — including articles, insights, frameworks and guidance — is general information for a professional audience. It is not advice about your specific organization, facility, event or circumstances, and it does not account for the particular conditions, jurisdiction, regulatory environment or risk profile you operate in.
Nothing on the Site is legal, financial, insurance, engineering, architectural, medical or emergency-management advice. Do not act or refrain from acting on the basis of Site content without obtaining advice appropriate to your situation from a qualified professional.
We aim for accuracy and currency but do not warrant that Site content is complete, accurate, current or suitable for any purpose. Content may become outdated, and standards, regulations and best practice in this field change.
9. Your submissions
When you send us information through the Site — a contact form, a diagnostic response, feedback or correspondence — you confirm that you are entitled to provide it and that it is accurate to the best of your knowledge. Our handling of personal information is described in our Privacy Policy.
Please do not send confidential, proprietary or security-sensitive information through the Site or by unencrypted email. This includes vulnerability information, security assessments, floor plans, access-control detail, staffing deployment or incident data. Contact us and we will provide a secure method of transfer. Information you send through the Site is not treated as confidential unless a written confidentiality agreement is already in place between us.
If you send us unsolicited ideas, suggestions or feedback about our services, our content or the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or compensation. We are not obliged to keep it confidential. This does not apply to information covered by a signed confidentiality or engagement agreement.
10. Site availability and third-party infrastructure
The Site is built and maintained for us by a third-party development partner and is hosted on third-party infrastructure. We do not own or operate the servers, networks or platform on which the Site runs.
We take reasonable steps to select reputable providers and to require appropriate security and availability standards of them, as described in our Privacy Policy, but we do not warrant that the Site will be available uninterrupted, error-free, timely, secure or free of harmful components. Access may be suspended, withdrawn or restricted at any time, including for maintenance, migration or reasons outside our control.
You are responsible for your own arrangements to access the Site and for ensuring that anyone accessing it through your connection is aware of these Terms.
11. Third-party links
The Site links to third-party websites, including professional associations, credentialing bodies and vendors. Those links are provided for convenience and do not imply endorsement, verification or any relationship with the operator. We do not control those sites, are not responsible for their content, accuracy or practices, and accept no liability arising from your use of them. Their terms and privacy policies apply when you leave our Site.
12. Accessibility
We are committed to making the Site usable by as many people as possible and aim to conform to the Web Content Accessibility Guidelines (WCAG) 2.2 at Level AA. If you encounter a barrier using the Site, contact us at privacy@feposervices.com and we will work to resolve it and to provide the information you need in an alternative format.
13. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, TOOLS AND MATERIALS ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT.
Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply to the fullest extent permitted, and you may have additional rights.
14. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FEPO AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence.
This Section applies to the Site only. It does not apply to, and does not limit, FEPO's liability under any signed engagement agreement for consulting services, which is governed by that agreement.
15. Indemnification
You agree to indemnify and hold harmless FEPO and its members, officers, employees, contractors and agents from any claim, demand, loss, liability, cost or expense, including reasonable attorneys' fees, arising out of your breach of these Terms, your misuse of the Site, or your violation of any law or the rights of any third party.
16. Governing law and disputes
These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
You and FEPO agree to the exclusive jurisdiction of the state and federal courts located in Lewes, Delaware for any dispute, and each party waives any objection to venue in those courts.
Before commencing any proceeding, the parties will attempt in good faith to resolve the dispute by discussing it directly. Send notice of a dispute to privacy@feposervices.com and we will respond within 30 days.
17. General
Severability. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will continue in full force.
No waiver. Our failure to enforce any provision is not a waiver of it or of any other provision.
Assignment. You may not assign or transfer these Terms. We may assign them in connection with a merger, acquisition or sale of assets.
Entire agreement. These Terms, together with the Privacy Policy and any notice posted on the Site, constitute the entire agreement between you and FEPO regarding the Site, and supersede any prior understanding about it. They do not supersede any signed engagement agreement.
No third-party beneficiaries. These Terms confer no rights on anyone other than you and FEPO.
Survival. Sections 6, 7, 9, 13, 14, 15, 16 and 17 survive any termination of your use of the Site.
Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
18. Contact
Questions about these Terms should go to privacy@feposervices.com or to the address in Section 1.
