FUNNIX TERMS OF USE

1. Acceptance.

Funnix LLC (“FUNNIX,” “we,” “us,” or “our”) is an Oregon limited liability company. You can find more information about FUNNIX on our website (“Site”). Through our Site and the FUNNIX web app based on the FUNNIX Beginning Reading DVD and FUNNIX Beginning Math DVD series (“Web App”), we provide programs and teaching tools to parents, tutors, and educators to assist them in working with students (“Products”). Use of our Site and our Products is subject to these Terms of Use and our Privacy Policy (collectively, “Terms”). By accessing or using our Site or Products you are agreeing to these Terms. If you do not agree with these Terms, you should not use, and are not permitted to use, our Site or our Products. When you access some of the Products, you may also be subject to additional terms specific to the use of that particular Product (“Product Terms”). If there is an inconsistency between the Product Terms and the terms contained in these Terms of Use, the Product Terms will control.

2. Changes to Terms of Use

We encourage you to review these Terms of Use from time to time. We reserve the right at any time to change any portion of these Terms of Use. If we change these Terms of Use, we will post an updated version with a new effective date. The posting of the amended Terms of Use is your notice of that change. By continuing to access and use our Site and Products after updated Terms of Use are posted, you agree to abide by the updated Terms of Use. In the event you do not consent to the terms of the updated Terms of Use, you must discontinue use of our Site and Products.

3. Authorized Users.

Access or use of our Site by anyone under the age of eighteen (18) is strictly prohibited.

4. Limitations on Use.

While using the Site, you may not perform any actions which could interfere with or otherwise adversely affect the proper functioning of the Site. Without limiting the generality of the foregoing, you may not: (a) use any robot, spider, scraper or other automated means to access our Site for any purpose without prior express written permission from FUNNIX; (b) take any action that imposes, or may impose, in FUNNIX’s sole discretion, an unreasonable or disproportionately large load on FUNNIX’s infrastructure; (c) bypass any measures FUNNIX may use to prevent or restrict access to the Site; or (d) use the Site to send altered, deceptive, or falsely-sourced information, including without limitation by forging TCP-IP packet headers or e-mail headers.

FUNNIX has the right, in its sole discretion, to change, modify or discontinue any page, feature or other component or element of the Site at any time, and for any reason, with or without prior notice to you. FUNNIX reserves the right to restrict your access to some or all of the Site at any time for any reason with or without prior notice to you. You agree that the Terms will apply to any upgrades, changes, or modifications to our Site.

Unauthorized or prohibited use of our Site may subject you to civil liability and criminal prosecution under applicable federal and state laws.

5. Provision of the Site.

FUNNIX has no responsibility to provide you access to the Site. FUNNIX reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, with or without notice. You acknowledge and agree that FUNNIX shall not be liable to you for any modification, suspension or discontinuance of the Site.
Further, FUNNIX shall not be liable to you for any loss or liability resulting, directly or indirectly, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, government orders, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.

6. User Account, Password, and Security.

Some of the Products may require you to open an account before you can access them. In such cases in order to obtain access, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. As part of this process, you also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password, user name, and other account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. If you become aware of any unauthorized use of your account or any other breach of security, you agree to notify us immediately. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. If we or a third party incurs losses due to someone else using your account or password, you could be held liable for those losses.

7. FUNNIX Intellectual Property Rights.

Our Site, including without limitation, all software code, site architecture and design, interactive features and appearance thereof (“Site IP”), all our trademarks, service marks, and trade names used in connection with our Site (the “Marks”) and all text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable elements of the Site, and the selection and arrangements thereof (“Content” and collectively with Site IP and Marks, “FUNNIX IP”) are the property of FUNNIX and/or its assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, and other intellectual property rights laws. You may not make any use of the FUNNIX IP, without the express prior written consent of FUNNIX.

You agree not to: (a) sell, resell, lease or the functional equivalent thereof, access to the Site, or FUNNIX IP to a third party; (b) attempt to reverse engineer the Site or any component thereof; or (c) attempt to create a substitute or similar service through the use of, or access to, the Site.

YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, OR OTHER PROPRIETARY RIGHTS IN THE FUNNIX IP OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY. You undertake not to take any action which could be considered inconsistent with or which is likely in any way to prejudice such ownership rights.

8. Warranty Disclaimer.

YOUR USE OF OUR SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” FUNNIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES REGARDING: (a) INFORMATION, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE SITE; OR (b) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUNNIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
FUNNIX HAS NO RESPONSIBILITY OR LIABILITY FOR: (a) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS, OR STORE ANY USER CONTENT OR OTHER INFORMATION MAINTAINED ON OR TRANSMITTED USING THE SITE; (b) VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY; OR (c) THE ACTIONS OF ANY THIRD PARTY.
THE SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS. FUNNIX DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

9. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CASES, FUNNIX’S LIABILITY TO YOU, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR A BREACH OF FUNNIX’S OBLIGATIONS UNDER THESE TERMS OF USE OR FUNNIX’S PRIVACY POLICY, OR FOR NEGLIGENCE, SHALL BE LIMITED TO THE GREATER OF $50.00 AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS THE SOLE AND EXCLUSIVE REMEDY. TO THE FULLEST EXTENT PERMITTED BY LAW, FUNNIX, ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, SERVANTS, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY REASON, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE ABOVE LIQUIDATED DAMAGES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE.

10. Indemnity.

You agree to indemnify, defend, and hold harmless, FUNNIX, its suppliers, content providers, licensors, and their respective officers, directors, shareholders, employees, representatives, servants, contractors and agents from any and all claims and damages (including, without limitation, attorneys’ fees, expert witness fees, and court costs) arising from or relating to any allegation regarding your use of the Site or any violation of these Terms.

11. Privacy.

Your use of our Site, Products, and any information you provide to FUNNIX is governed by FUNNIX’s Privacy Policy, which is available at https://funnix.wpengine.com/privacy-policy/, and which is incorporated herein by reference.

12. Assignment.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FUNNIX without restriction.

13. Miscellaneous.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FUNNIX as a result of these Terms or use of our Site or Products.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent that the remaining provisions can be substantially applied within the original intent of these Terms taken as a whole. Any court holding a provision to be invalid, illegal, or unenforceable shall not render the offending provision void or unenforceable, but instead shall modify the provision to the minimum extent necessary to make the provision valid, legal, and enforceable.

FUNNIX’s failure to act with respect to a breach of these Terms by you or others does not waive its right to act with respect to subsequent or similar breaches.

The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

In the event of the termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the limitation on liability, indemnity, and all other provisions for which survival is equitable or appropriate.

These Terms of Use and the Privacy Policy incorporated herein by reference, are the entire agreement between you and FUNNIX regarding the subject matter herein, and supersede any prior understandings or agreements, written or oral.

14. How to Contact FUNNIX:

Mail: Funnix, LLC
P.O. Box 448
Eugene, OR 97440

E-mail: fun@funnix.com

These Terms of Use last updated on May 21, 2021.