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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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