USER AGREEMENT

Thank you for visiting this Fun and Function, LLC Website.  (The site at www.funandfunction.com and all other Websites owned or operated by Fun and Function, LLC, its subsidiaries, and affiliates, are collectively referred to as the “Website.”)  This User Agreement provides protection for Fun and Function, LLC, its customers, and anyone accessing, viewing or using this Website so that Fun and Function can provide the best experience possible to its users.

This User Agreement describes the terms and conditions associated with the use of the Website.  By accessing, viewing or using the content, material or services available on or through this Website, you are explicitly indicating that you have read and understand these terms and conditions, and that you agree to them and intend to be legally bound by them.  If you do not agree to these terms and conditions, if you are accessing the Website from outside the United States, or if you are under the age of 13, you are not granted permission to use this Website and should exit immediately.  

1. Informational Purposes Only. The information on this Website is for informational purposes only.  No information, services, or materials offered by or through this Website shall be construed as or understood to be medical advice or care.  None of the information on this Website shall be used to diagnose or treat any health condition. You should consult with an appropriate health care professional before using any product or information on this Website.
2. Proprietary Rights.  All works of authorship, information, content, functional components, and material appearing on or contained in this Website (“Site Materials”) are protected by law, including but not limited to, United States copyright law. Except as explicitly stated on the Website, the entirety of the Site Materials (including, but not limited to, data, artwork, images, text, forms, and look and feel attributes) are Fun and Function’s copyrighted works, all rights reserved, or the copyrighted works of Fun and Function’s affiliates, licensors, or suppliers. Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of Fun and Function, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of Fun and Function, without Fun and Function’s advance written consent, is prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Website are proprietary to Fun and Function or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.     
3. Third Party Materials, Products and Services. Parties other than Fun and Function may provide products or services on the Website.  Fun and Function will honor its Return Policy, which can be found HERE, but expressly disclaims any and all other responsibility for or related to the products or services provided by or advertised by these third parties or the transactions you conduct or enter into with these third parties. Additionally, this Website may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest.  Fun and Function expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites.
4. Communications with the Website.  Fun and Function welcomes your feedback and suggestions regarding our services, products and this Website.  You agree that by transmitting any suggestions, information, data or other material (collectively, “User Content”) on or to the Website, you automatically grant Fun and Function the royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such User Content (in whole or in part) throughout the universe and to incorporate it into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content, without any compensation.  Accordingly, User Content must not contain any proprietary or confidential information.  You agree to use the Website only for lawful purposes.  You are prohibited from posting on or transmitting through the Website any unlawful, harmful or other objectionable material of any kind.  If you believe that any content or postings on the Website violates your intellectual property or other rights, please follow our Complaint Procedure in Section 11 of this User Agreement.  Fun and Function reserves the right, in its sole discretion, to remove any User Content that it deems offensive or inappropriate in any way and to take any further action needed in regards to such posting.  
5. Privacy Statement.  Fun and Function has a Privacy Policy setting forth its online information gathering and dissemination practices with respect to the Website.  Click HERE to view the Privacy Policy which is incorporated into this User Agreement by reference, as if set forth fully herein.  Please be advised that the confidentiality of any communication or material transmitted to Fun and Function via the Website or electronic mail cannot be guaranteed, including, for example, personal information such as your address or name.  
6. Disclaimer of Warranty and Liability.  THIS WEBSITE, THE SITE MATERIALS AND USER CONTENT ON AND IN AND MADE AVAILABLE THROUGH THIS WEBSITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE ON AN “AS IS” BASIS ONLY.  USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.

FUN AND FUNCTION MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS WEBSITE, THE SITE MATERIALS AND THE USER CONTENT ON AND IN AND MADE AVAILABLE THROUGH THIS WEBSITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT.  

FUN AND FUNCTION SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS WEBSITE, THE SITE MATERIALS OR USER CONTENT ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.  UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF FUN AND FUNCTION TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS WEBSITE, THE SITE MATERIALS OR USER CONTENT ON AND IN AND MADE AVAILABLE THROUGH THIS WEBSITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED $100.  SOME JURISDICTIONS DO NO PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, FUN AND FUNCTION’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Indemnification.  You agree to defend indemnify, and hold harmless Fun and Function and all of its respective owners, directors, officers, employees, representatives, proprietors, partners, shareholders, contractors, consultants, principles, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs and expenses (including, but not limited to, attorneys’ fees and litigation expenses) relating to or arising from this Website, the Site Materials and the User Content, your use of this Website, Site Materials and User Content, your fraud, violation of law, or willful misconduct, and any breach by you of this User Agreement.

1. Use of the Internet.  Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations.  Fun and Function will not be liable for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

2. Changes; Termination.  While Fun and Function endeavors to keep the Site Materials, and other content on, in, and through this Website up-to-date, Fun and Function is not responsible for any errors or omissions in the Site Materials or other content.  The terms and conditions of this User Agreement may be changed at any time, with or without notice; your continued use of this Website after any change is made to these terms and conditions signifies your understanding of and intention and agreement to be bound by such change.  It is your responsibility to monitor this User Agreement for changes.  Fun and Function reserves the right to terminate your access to this Website in the event that you violate this User Agreement or for any reason whatsoever or no reason, with or without notice.

3. Complaints.  If you believe that any content or postings on the Website violates your intellectual property or other rights, please send to Fun and Function (support@funandfunction.com) a comprehensive detailed message setting forth the following information:  (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement:  “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”  

4. General.  This User Agreement represents the entire agreement between you and Fun and Function with respect to the subject matter hereof, supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements between us, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without reference to its conflict of law rules.  By accessing, viewing, or using the Site Materials or this Website, you consent to the jurisdiction of the federal and state courts presiding in Philadelphia, Pennsylvania, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.  This Website is controlled and operated by Fun and Function from its offices within the United States.  Fun and Function makes no representation that this Website, the Site Materials or the User Content are appropriate or available for use in any location or territory, and access to this Website, the Site Materials or the User Content from locations or territories where it is illegal is prohibited.  Those who access the Website from other locations in violation of this User Agreement do so at their own risk and are responsible for compliance with applicable laws.  The waiver or failure of Fun and Function to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under this User Agreement.

Effective:  August 1, 2008
Last updated:  Nov 29, 2010