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[Recyclingondemand.com] (“Recycling on Demand”) is a [beta-launch website offered by FUNL Studio, LLC that provides personalized recommendations to help improve a cat's health and happiness Recycling on Demand will be available for a limited time during the beta launch. As used herein, “you” means you, the user of Recycling on Demand. “We” and “us” or “FUNL” means FUNL Studios, LLC and its third party service providers, collectively. To use Recycling on Demand, you must be: (1) at least 18 years old; (2) a United States citizen or resident; and (3) legally capable of entering into a contract. By using or accessing Recycling on Demand, you acknowledge that you had read these Terms of Use and agree to be bound by them. If you do not accept these Terms of Use, you are not permitted to use Recycling on Demand.
1. Use of Recycling on Demand
a) You agree to use Recycling on Demand solely for personal use and for testing and evaluation purposes only. You may not use the Recycling on Demand for any other purpose. You may not, for example, (a) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of Recycling on Demand except as specifically permitted in this agreement, or (b) use the Recycling on Demand in any harmful or illegal manner or interfere with any party’s use of Recycling on Demand. You agree to cooperate with FUNL in causing any of your unauthorized use of the Recycling on Demand to immediately cease.
b) You agree to use Recycling on Demand at your own risk. FUNL has no control over, or any liability for, for any wealth management decisions you make.
2. Security
You may not attempt to violate the security of Recycling on Demand or use Recycling on Demand to violate the security of other persons or websites or to violate the law, including by: (a) accessing data not owned by or intended for you or logging into an account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of Recycling on Demand or to breach security or authentication measures; (c) attempting to interfere with service to any User, host or network, including without limitation, by submitting a virus to Recycling on Demand; (d) sending unsolicited e-mail; (e) forging any TCP/IP packet header or any part of the header information in any e-mail; or (f) attempting to alter, make derivative works of, copy, disassemble or reverse engineer any of the software making up any part of Recycling on Demand.
FUNL will take all reasonably necessary steps to investigate suspected violations of this agreement. FUNL reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing FUNL to disclose the identity of anyone engaging in conduct that is believed to violate the law. FUNL further reserves the right, in its discretion, to release your details to system administrators at other sites in order to assist them in resolving security incidents.
You release FUNL from and against any action taken by FUNL during or as a result of its investigations and from any actions taken as a consequence of investigations by either FUNL or law enforcement authorities.
3. Communications/Privacy
By providing your email to enroll for use of Recycling on Demand, you consent to receive all notices and information regarding your use of Recycling on Demand and services provided through Recycling on Demand electronically. If you do not wish to receive emails, please do not use Recycling on Demand. Information you provide and account information retrieved in connection with your use of Recycling on Demand is subject to the FUNL Privacy Policy. Notwithstanding the Privacy Policy, FUNL will not share user information, except in aggregated and anonymized form.
4. Customer Service
If you have questions regarding Recycling on Demand’s functionality, please notify FUNL at legal@recyclingondemand.com.
5. Provide Accurate Information
You agree to provide true, accurate, and current information about yourself and you agree to not misrepresent your identity or your account information.
6. Feedback
You agree to provide feedback to FUNL, as requested, about your experiences with Recycling on Demand during the beta test. You agree that we may use in any manner and without limitation all comments, suggestions, complaints, and other feedback you provide relating to Recycling on Demand. You grant us a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to, incorporation of such feedback into Recycling on Demand.
7. Intellectual Property
FUNL owns all right, title and interest in and to Recycling on Demand, including all intellectual property rights therein.
The material accessible from Recycling on Demand, including text, data, images, interfaces, the “look and feel” of Recycling on Demand, and other materials or works of authorship (the “Content”) is owned or licensed by FUNL. You may not copy, distribute, republish, upload, post, or transmit Content in any way without the prior written consent of FUNL, except that you may print out limited portions of the Content solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. FUNL has the right to modify, manage or eliminate any Content at any time.
FUNL’s name, logos, and other product and service identifiers are FUNL’s trademarks. All other trademarks appearing on Recycling on Demand are the property of their respective owners. No rights are granted to you in these trademarks.
You may not copy, reproduce, distribute, or create derivative works from Recycling on Demand or its content. Further, you agree not to reverse engineer or reverse compile any of the Recycling on Demand technology. You also agree not to use Recycling on Demand or any content or information delivered through Recycling on Demand in any way that would infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or that would violate any applicable law or regulation. You agree not to resell or make commercial use of Recycling on Demand or otherwise provide other persons with access to Recycling on Demand using your password or other user names.
8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF Recycling on Demand AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM Recycling on Demand IS AT YOUR SOLE RISK. Recycling on Demand IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FUNL EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO Recycling on Demand AND THE TEST AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM Recycling on Demand, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
(B) FUNL MAKES NO WARRANTY THAT (i) Recycling on Demand WILL MEET YOUR REQUIREMENTS, (ii) Recycling on Demand WILL OPERATE OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Recycling on Demand WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Recycling on Demand WILL MEET YOUR EXPECTATIONS, (v) THE CONTENT IS ACCURATE, COMPLETE, OR FREE OF ERRORS, OR (vi) ANY ERRORS IN THE CONTENT OR TECHNOLOGY WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Recycling on Demand IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUNL THROUGH OR FROM Recycling on Demand WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
(D) FUNL, ANY OF THEIR THIRD PARTY SERVICE PROVIDERS AND ANY OF THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE Recycling on Demand; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM Recycling on Demand; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE USING Recycling on Demand; OR (vi) ANY OTHER MATTER RELATING TO Recycling on Demand.
If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
9. Indemnification
You agree to protect and fully compensate FUNL, its third party service providers, and their respective employees, agents, officers, equityholders, managers/directors, and affiliates, from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of Recycling on Demand, your violation of these Terms of Use or your infringement of any intellectual property or other right of anyone.
FUNL reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.
10. Governing Law; Dispute Resolution
Your use of Recycling on Demand or participation in the beta test shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof.
All disputes relating to the interpretation of this agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be New York, New York (Manhattan County). The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction.
You acknowledge and agree that you and FUNL are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and FUNL otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding.
The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond).
11. Changes to and Cancellation of Recycling on Demand
We reserve the right to cancel Recycling on Demand or to make changes to these Terms of Use, at any time, in our sole discretion, with or without notice. We may also suspend your access to Recycling on Demand at any time without notice and for any reason. You agree that we will not be liable to you or any third party for any modification, suspension or termination of Recycling on Demand.
12. Security of Information
We and our service providers maintain physical, electronic and procedural safeguards that comply with federal standards to guard your personal information provided through Recycling on Demand. When you enter personally identifiable information on the enrollment page, we encrypt that information using at least 128 bit secure socket layer technology.
13. Amendment
This agreement constitutes the entire agreement between the parties relating to the subject matter contained herein. FUNL may modify this agreement at any time by posting the revised terms on Recycling on Demand. If you do not agree to the modifications, you may be required to cease your access to Recycling on Demand. Continued use or access of Recycling on Demand after modification will constitute your acceptance of this agreement as modified.
