The following is an agreement (“Agreement”) between you (or “Customer”) and USEED, Inc. dba Funderbolt, a Delaware Corporation (“Funderbolt”). By accessing, browsing, registering, and using this website (“Site”) and the products and services available through this Site, you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site.
Funderbolt may modify this Agreement from time to time and post those modifications here on this Site. Your continued use of the Site after any such modification constitutes your acceptance of the modified Agreement.
The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Funderbolt from its offices within the United States. Funderbolt makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
2. Ownership and Proprietary Information
The content and information on this Site is proprietary to Funderbolt. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any materials, information, software, content, products or services obtained from or through this Site.
3. Use Restrictions and Intellectual Property
This Site contains copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this Site are protected under the United States copyright laws. The copyright in all material provided on this Site is held by Funderbolt or its licensors. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part. Except as expressly permitted by Funderbolt, none of the content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of Funderbolt or the copyright owner. Permission is granted to you to display, copy, distribute and download the content on this Site for educational, non-commercial use only, provided that you do not modify the content and that you retain all copyright and other proprietary notices contained in the content. This permission terminates automatically if you breach any of the terms of this Agreement.
You also may not, without Funderbolt’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Funderbolt for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you. By submitting material to a public area of this Site, you grant Funderbolt the right to edit, copy, publish and distribute any such material.
4. U.S. Government Restricted Rights
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Funderbolt’s proprietary rights in them.
Information on this Site may be changed or updated without notice. Funderbolt may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Information Funderbolt publishes on this Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Funderbolt intends to announce such products, programs or services in your country. Consult Funderbolt for information regarding the products, programs and services which may be available to you.
7. Information “as Is”
INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY FUNDERBOLT ON AN “AS IS” BASIS ONLY. FUNDERBOLT PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. THE INFORMATION PROVIDED ON THIS SITE SHOULD BE USED SOLELY FOR EDUCATIONAL PURPOSES. FUNDERBOLT WILL USE REASONABLE EFFORTS TO MAINTAIN THE SITE AND CORRECT ANY ERRORS THAT OCCUR. YOU AGREE THAT FUNDERBOLT PROVIDES NO REPRESENTATIONS AND WARRANTIES THAT ACCESS TO THE SITE WILL BE UNIMPEDED AND YOU AGREE THAT ACCESS TO THE SITE MAY BE SUSPENDED IN THE CASE OF TECHNICAL ERRORS, VIRUSES, AND THE LIKE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FUNDERBOLT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT OFFERED ON THIS SITE, EVEN IF FUNDERBOLT OR A FUNDERBOLT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED FIVE HUNDRED DOLLARS.
9. Governing law and Dispute Resolution
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Maricopa County, Arizona and the parties irrevocably waive any objection to such venue.
11. End User Communications
Funderbolt, at any time now or in the future, may allow you and other end users to use this Site to express opinions and communicate through comments, discussion groups, or other communication facilities that may be offered on or through this Site from time to time (collectively “Communities”). In the event of the existence of such Communities, Funderbolt shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Funderbolt, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Funderbolt shall also have the right, but not the obligation, to remove any material from the Communities that Funderbolt, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of Funderbolt.
By posting any materials or other information on or through the Communities, you grant Funderbolt a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.
This Site may contain links to websites maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.
12. Revisions to This Agreement
Funderbolt may at any time revise this Agreement by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
13. Digital Millennium Copyright act (“Dmca”) Notice
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Weiss Brown, PLLC
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.