Terms and Conditions of Use for FUNducate

Terms and Conditions of Use for FUNducate

Please read these Terms Of Use carefully before using this site. By using this site, you are agreeing to these Terms Of Use. If you do not agree with any of the below Terms Of Use, do not use this site. FUNducate, LLC (FUNducate) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time and you agree to be bound by such modifications, alterations or updates.

Regardless of changes in these Terms Of Use, personally identifiable information will never be used in ways materially different than stated in these Terms of Use without first providing you a meaningful opportunity to opt out or prevent that use.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This site is controlled and operated by FUNducate, 8112 Becket Center Drive, West Chester OH 4506. The phone number is 513-362-9393. Email address guestrelations@funducate.net. All materials on this site, including, but not limited to images, illustrations, audio clips, and video clips, are protected by copyrights that are owned and controlled by FUNducate or by other parties that have licensed their material to FUNducate. (“Copyrights”). Material from www.funducate.net or any website owned, operated, licensed or controlled by FUNducate (“FUNducate websites”) may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other website or networked computer environment is prohibited.

 

WARRANTIES DISCLAIMER

Materials on the FUNducate's website are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, FUNducate disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. FUNducate does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, nor the server that makes them available are free of viruses or other harmful components. FUNducate does not warrant or make any representations regarding the use or the results of the use of the materials in FUNducate websites in terms of their correctness, accuracy, reliability, or otherwise. You (and not FUNducate) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Material on the FUNducate's website is provided solely for entertainment and promotional purposes.

Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of FUNducate throughout the universe and FUNducate, subject only to the privacy portions of this statement controlling the use of personally identifiable information, shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised.

You agree to indemnify FUNducate and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.

EMAILS AND POSTINGS RECEIVED

Do not post any threatening or libelous emails or material on this site that would be considered a violation of any law. FUNducate will fully cooperate with any law enforcement authorities or court order requesting or directing FUNducate to disclose the identity of anyone posting any such emails or materials.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in FUNducate's website are presented solely for the purpose of entertainment and promotion. This site is controlled and operated by FUNducate from its offices within the State of Ohio, United States of America. FUNducate makes no representation that materials in FUNducate's website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or FUNducate bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in West Chester, Ohio and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by FUNducate.

Except for disputes regarding the collection and use of personally identifiable information, this agreement shall otherwise be governed by, construed and enforced in accordance with the laws of the State of Ohio, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or FUNducate bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in West Chester, Ohio and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by FUNducate.