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GENERAL TERMS OF USE AGREEMENT

IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND FUNEDUCATION, INC. ("FUNEDUCATION"). THIS AGREEMENT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE FUNEDUCATION SERVICE (INCLUDING THIS WEB SITE, ANY SOFTWARE, AND OTHER CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE RECEIVE IN CONNECTION WITH ANY OF THE FOREGOING) AND YOUR ACCOUNT.


BY DOING ANY OF THE FOLLOWING ACTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE LEGALLY BOUND BY ALL OF ITS TERMS: (A) CLICKING YOUR ACCEPTANCE BELOW (OR AT THE APPROPRIATE POINT DURING THE APPLICABLE REGISTRATION PROCESS), (B) DOWNLOADING, INSTALLING OR USING ANY SOFTWARE OR CONTENT FROM THE FUNEDUCATION.COM WEB SITE, (C) INSTALLING OR USING ANY SOFTWARE OR CONTENT RECEIVED IN A TANGIBLE MEDIUM FROM FUNEDUCATION FOR USE IN CONNECTION WITH THE FUNEDUCATION SERVICE, OR (D) ACCESSING OR USING THIS WEB SITE OR OTHER CONTENT FROM FUNEDUCATION OR FUNEDUCATION.COM. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, FUNEDUCATION IS UNWILLING TO LICENSE TO YOU THE USE OF THE SOFTWARE AND OTHER CONTENT AND OTHER SERVICES PROVIDED BY FUNEDUCATION. IN SUCH EVENT, PLEASE IMMEDIATELY DISCONTINUE THEIR USE. YOU MAY CONTACT FUNEDUCATION AT (619) 881-2303 IF YOU HAVE ANY QUESTIONS.

This Agreement, together with all updates, supplements and all of FunEducation's associated operating rules and policies collectively constitutes the "Agreement" between you and FunEducation.

1. Glossary. As used in this Agreement: (A) "FunEducation Service" or the "Service" means the system/service comprised of the FunEducation.com Web site, the Software (as defined below), and the Content (as defined below); (B) "FunEducation.com Web site", "FunEducation.com" or the "Web site" means this Web site, and any successor Web sites of FunEducation; (C) "Software" means any software (including the FunReader Software) you access, download or otherwise receive for use in connection with the FunEducation Service; and (D) "Content" means any software programs and other content you access, download or otherwise receive from FunEducation in connection with the FunEducation Service. Other capitalized terms used herein shall have the meanings ascribed to them in the appropriate section of this Agreement.

2. Copyrights. All copyrights in and to the FunEducation Service (including the FunEducation.com Web site, the Software, and the Content) are owned by FunEducation and/or its suppliers. Reproduction or use in a manner other than as specified in this Agreement may subject you and others to civil and criminal penalties, including possible monetary damages, for copyright infringement. FunEducation reserves the right to remove or disable access to any Content or other materials that violates or otherwise allegedly infringes on a party's copyright or other intellectual property or proprietary rights. FunEducation shall in no event be liable for the good faith removal of or disabling of access to any such Content or materials under this Agreement. It is the policy of FunEducation to suspend or terminate the access and rights licensed hereunder of any party who repeatedly violates this Agreement.

The compilation of content, including postings as well as links to other Internet resources (and the descriptions of those resources), contained within or made available via this Web site are our copyrighted materials. THE USE OF ANY THIRD-PARTY SOFTWARE OTHER THAN WEB BROWSERS AND SOFTWARE (AS DEFINED IN SECTION 1, ABOVE) ON OR IN CONNECTION WITH THE SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE SITE OR ANY OF THE PAGES OF THE SITE, INFRINGES ON FUNEDUCATION'S COPYRIGHTS. DO NOT USE ANY SUCH PRODUCTS ON OR IN CONNECTION WITH THE SERVICE!

3. The FunEducation.com Service License. When you access or make a purchase from the FunEducation selection of Content, you are obtaining from FunEducation a non-exclusive license to access the Content on the Web site or download the Content to your PC and your FunReader device solely for your personal non-commercial use. You may copy the Content to other personal computers in your household solely for personal non-commercial use, but may not reproduce, distribute or use the Content in any other manner. Except for the limited warranty provided below, FunEducation is not responsible for any claims involving the timeliness, accuracy, completeness, or reliability of the Content you download or otherwise access from or through FunEducation. The FunEducation Service is for individuals over 18 years of age. It is the user's responsibility to determine the suitability of material for use by minors. The FunEducation Service is also for and available only to parties who can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable requirements, you may not use the FunEducation Service.

4. The Software License. When you download, install or otherwise use the Software, you are granted a non-exclusive, non-transferable license to use the Software solely in connection with your authorized use of FunEducation or other information services under license from FunEducation. You may not: (A) copy any of the Software except to make an archival copy or to transfer it to a hard disk; (B) sell, transfer, rent, lease, or commercially exploit the Software; (C) decompile, disassemble, or reverse engineer the Software or attempt to do so; or (D) modify the Software or create any derivative works therefrom.

5. Payment. You agree that you will pay, and that FunEducation may bill your credit card, as described below and during the applicable registration process, for any Content purchased by you for your account.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF THE FEES ASSOCIATED WITH THE USE OF THE SERVICES AND/OR PRODUCTS THAT FUNEDUCATION PROVIDES. ALL CHARGES AND FEES WILL BE BILLED TO THE CREDIT CARD YOU DESIGNATED IN THE REGISTRATION PROCESS. SOME OF THE SERVICES ARE NOT CHARGED UNTIL AFTER YOU HAVE ACCESSED THE CONTENT AND WILL BE CHARGED ONLY WHEN YOU AGREE TO OBTAIN FURTHER ACCESS TO THE SERVICES OR CONTENT. FOR SUCH SERVICES, IF YOU DO NOT AGREE TO PROCEED WITH PURCHASING THE CONTENT, YOUR SOLE REMEDY IS TO EXIT FROM THE SERVICES WITHOUT FURTHER OBLIGATION BY YOU TO FUNEDUCATION OR OBLIGATION BY FUNEDUCATION TO YOU. IF YOU WANT TO DESIGNATE A DIFFERENT CREDIT CARD OR THERE IS A CHANGE IN YOUR CREDIT CARD STATUS, YOU MAY CHANGE YOUR CREDIT CARD INFORMATION ONLINE OR CALL CUSTOMER SERVICE AT THE TELEPHONE NUMBER IDENTIFIED IN THE FUNEDUCATION.COM WEB SITE. IT IS YOUR RESPONSIBILITY TO PROVIDE FUNEDUCATION WITH A VALID CREDIT CARD TO BILL ALL AMOUNTS DUE.

6. Limited Express Warranty. The Software and Content are only warranted as stated in this Section. FunEducation warrants that the media in which the Software is provided (e.g., the CD-ROM or the file transmitted to you) will be free from material defects on delivery. If you find a defect in Software or Content that you have received in a tangible medium from FunEducation or that you have downloaded or attempted to download from FunEducation.com after meeting the registration and payment requirements of the FunEducation Service, your remedy is to call us at (619) 881-2303, or e-mail us at support@funeducation.com, and we will consult with you on proper installation and downloading procedures and hardware requirements. Because the Software is provided free of charge to you, there is no warranty, express or implied, on the software medium and no performance warranty.

Neither the software warranty stated above, nor the Content warranty stated below, cover defects caused by: accident; mishandling; misuse; improper installation, service, or maintenance; modification of the Software or the media on which the Software is furnished; or the user's lack of the necessary hardware/software. The warranty stated above does not cover defects caused by viruses or disabling codes.

FunEducation warrants that the Content that you license directly through the FunEducation Web site will be of a quality suitable for use and will consist of the Content that was offered on the FunEducation Web site product information page(s), if downloaded pursuant to FunEducation's instructions to equipment that is in good operating condition and meets the specifications for the FunEducation Service as provided by FunEducation. In the event the Content is incomplete or the Content is not as warranted above, FunEducation will provide you a credit on your account for the defective material if you advise FunEducation of the defect within seven days of first downloading the material by calling (619) 881-2303 or sending an e-mail to support@funeducation.com. You will be asked to document the defect. The credit can be applied to the purchase of the same or another FunEducation.com licensed Content. There is no warranty, express or implied, on the content, quality, or technical compatibility of materials and information services downloaded through the FunEducation Service but not under the control of FunEducation. Except as expressly provided herein, the FunEducation Service and all Content is provided "AS IS" and "AS AVAILABLE".

THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT. FUNEDUCATION IS NOT RESPONSIBLE FOR ANY DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM THE ACCESS, DOWNLOADING OR USE OF THE SERVICE. NO FUNEDUCATION EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY.

IN NO EVENT SHALL FUNEDUCATION OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, THE CONTENT OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER A TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR CONTRACT THEORY. IN ADDITION, IN NO EVENT SHALL FUNEDUCATION BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE FUNEDUCATION SERVICE (OR ANY PART THEREOF) IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SOFTWARE OR CONTENT GIVING RISE TO THE DAMAGE, OR (B) FIFTY DOLLARS ($50), WHICHEVER IS LESS. IN NO EVENT SHALL FUNEDUCATION HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

Some states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusion thereof may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state.

7. Availability. FunEducation will exercise reasonable efforts to provide the Content in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. Availability of Content that is not yet created at the time of acceptance of this Agreement (such as time-dated programming) is subject to the creation of such programs by the supplier. FunEducation commits, as your exclusive and sole remedy, that ordered subscription programs will be delivered within a reasonable period or replaced with comparable programs or you will be refunded for their pro-rated value in FunEducation's reasonable discretion. If you do not wish to receive replacement programs offered to you, you may cancel the subscription before using any replacement programs by giving us notice within ten (10) days of receipt of the replacement programs.

8. Indemnity. You agree to indemnify and hold harmless FunEducation, its affiliates, subsidiaries, shareholders, officers and directors, agents, employees, and other partners from any third party claim or demand, including reasonable attorneys' fees for damages and/or costs due to or arising out of the use of your account, the Service, the Software, and the Content, and any breach of this Agreement.

9. No Responsibility for Third Party Materials. You acknowledge and agree that any third party content, opinions, advice, statements, or services or other materials accessed on or through FunEducation, FunEducation.com, or any FunEducation service are those of the respective author and/or applicable distributor, and not of FunEducation. You further acknowledge and agree that FunEducation may contain or link to third party materials that do not originate with and/or are not under the control of FunEducation. Accordingly, you agree that FunEducation is not responsible, and shall have no liability, arising from or related to any third party materials that may be accessed on or through the Service or via a link therefrom.

10. Termination. FunEducation may terminate the license to use the Software or any Content obtained from the Service and preclude access to the FunEducation Service (or any part thereof) by written notice to you if you fail to comply with any of the provisions of this Agreement. In addition, FunEducation may terminate this Agreement and your account(s) at any time if you fail to make timely payments or if you fail to provide FunEducation with a valid credit card. If your account(s) is terminated, you will be responsible for all amounts due as of the date of termination. Unless so terminated the license granted hereunder shall remain in force with respect to the Software until the last use of such Software pursuant to the terms and conditions herein, and with respect to a licensed copy of Content for as long as the copy exists pursuant to the terms of this Agreement.

11. Changes. This Agreement (or any part thereof) may be updated, revised or supplemented at any time, and FunEducation may impose new or additional terms and conditions on your use of any part of the FunEducation Service at any time and without notice to you other than posting to the FunEducation.com site or the Service.

12. User Account, Password, and Security. As a registered member and depending on which particular part(s) of the Service you use or register for, you may receive or establish one or more passwords and accounts. Maintaining the confidentiality and security of your passwords and accounts is solely your responsibility. Do not divulge your password to anyone else or use anyone else's password or account. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security. You agree that we shall not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we shall have no responsibility whatsoever for your failure to comply with this Section. In addition, you agree that you shall comply with, and shall not (and shall not permit any third party to) avoid or circumvent any access or use controls, security mechanisms or procedures or similar protections established by FunEducation with respect to the Service. Your breach of this Section may result in immediate termination of your account(s), and may also subject you to criminal or civil liability.

13. Your Information; Privacy. You expressly agree to: (A) provide certain current, complete, and accurate information as required to complete your registration with the Service and at other points as may be required in the course of your using the Services; and (B) maintain and update this information as required to keep it current, complete, and accurate. The terms of the Privacy Policy are expressly incorporated into this Agreement.

If any information you provide is false, incomplete or inaccurate, FunEducation may terminate your rights to any of all of the Services. You agree not to use a false or misleading name or a name that you are not authorized to use. Providing fraudulent information to FunEducation could also subject you to criminal or civil liability.

14. General Compliance with Laws; Export Restrictions. The Service is controlled and operated by FunEducation from its offices within the United States. You agree to comply with all local, state, federal, national and international laws, statutes, ordinances, and regulations that apply to your use of our Services, including as they relate to export or re-export into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.

15. Governing Law. This Agreement shall be exclusively governed by the laws of the State of California (without regard to its principles on the conflicts of laws).

16. Arbitration. Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by FunEducation for any violation of FunEducation's proprietary rights or the license, shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be San Diego, California, USA.

17. Miscellaneous. This Agreement constitutes the entire agreement between you and FunEducation, and supersedes any prior agreements between you and FunEducation, written or oral, with respect to the subject matter herein. Any additional or different terms in any order or written communications from you are void. In the event of a direct conflict between the terms of this Agreement and: (A) other terms and conditions that may be applicable to FunEducation.com generally, the terms of this Agreement will control with respect to the subject matter of this Agreement; and (B) a Schedule to this Agreement, the terms and conditions of the Schedule will control with respect to the subject matter of the Schedule. The failure of FunEducation to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions shall remain in full force and effect. FunEducation shall not be responsible for failures to fulfill any obligations due to causes beyond its control. Headings are for convenience only and shall not be used to alter the meaning of any provision. Neither you nor FunEducation will bring a legal action under this Agreement more than two (2) years after the cause of action arose.

 

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