©2017 Bob Funk Sr. | All Rights Reserved | Legal

TERMS OF USE

Please review the following terms and conditions carefully. These Terms Of Use are a legally binding contract between you and ROBERT FUNK (“Funk” or “our” or “we” or “us”) pertaining access to www.robertafunklegacy.com and all subdomains thereof as well as all products, information, content, media, printed materials and “online” or other electronic documentation accessible from the same or any sub-domains thereof or other websites operated by or for ROBERT FUNK (collectively, the “Sites”).

 

The Sites are all offered by ROBERT FUNK to you free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use. Your access and use of the Sites is conditioned upon your continued compliance with these Terms Of Use. Please read these Terms Of Use carefully, as your use of the Sites constitutes your acceptance of these Terms Of Use. ROBERT FUNK reserves the right to change the Terms Of Use any time by reasonable notice, including, without limitation, by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms Of Use each time that you view the Sites.

 

Disclaimer

You acknowledge that the materials on the Sites are provided “as is” for general information only and without warranties of any kind. While ROBERT FUNK does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites.  From time to time, ROBERT FUNK may permit third parties to provide testimonials and information, post articles and other information on the Sites. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of ROBERT FUNK or endorsed by ROBERT FUNK.

 

Restrictions on Use of Materials

Unless otherwise indicated, ROBERT FUNK or his licensors holds the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design. Additionally, ROBERT FUNK owns all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Sites, unless otherwise noted. Without the explicit consent of ROBERT FUNK, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Sites may violate copyright, trademark and other laws. We retain all rights not expressly granted, and nothing in these Terms Of Use constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms Of Use should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright, of ROBERT FUNK or any third party.

 

ROBERT FUNK will allow you to view and print information, documents and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to ROBERT FUNK and if possible provide a reference to www.domain[OZ2] .com, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is ROBERT FUNK’s material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms Of Use and they must agree to abide by these Terms Of Use. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by ROBERT FUNK or his licensors.

 

Links to Other Sites; Link Agreement

ROBERT FUNK may provide links to other Internet sites or resources. ROBERT FUNK likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by ROBERT FUNK.

 

Links to the Sites are permitted by ROBERT FUNK only in accordance with the link agreement herein.  You should be aware that links to the Sites may be provided from other sites, either known or unknown to ROBERT FUNK, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. ROBERT FUNK has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.

 

If you choose to click on the links or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any links, you do so on your own initiative and you agree that ROBERT FUNK is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with the Sites.

 

General Indemnification

You agree that you will hold harmless ROBERT FUNK, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.

 

Limitation of Liability

In no event and under no circumstances shall ROBERT FUNK or the contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Sites, or your (or any authorized user’s) or any unrelated party’s reliance on or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms Of Use fail of their essential purpose.

 

Disclaimer of Warranties

THE SITES AND CONTENT THEREON ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS BORNE BY YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.

 

THE SITES ARE MANAGED IN THE STATE OF OKLAHOMA, UNITED STATES OF AMERICA. THERE ARE NO REPRESENTATIONS THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. ROBERT FUNK MAKES NO REPRESENTATION THAT THE SITES, CONTENT OR INFORMATION FOUND THROUGH THE SITES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

 

Disclaimer Regarding Translated Content

In addition to the general disclaimer of warranties provided under these Terms Of Use, ROBERT FUNK does not warrant the accuracy, reliability, or timeliness of any information provided on its Sites in languages other than English (“Translated Content”).  Any person or entity that relies on information obtained from the Translated Content does so at his or her own risk.  ROBERT FUNK is not responsible for any damage or issues that may possibly result from using the Translated Content.  If any questions arise concerning the accuracy of the information presented in the Translated Content, please refer to the official English version of the website. 

 

Your Content

To the extent the Sites allow you to provide content to the Sites, your participation is voluntary; however by choosing to post or send a message or blog or otherwise participate in the Sites, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential. Any such content will be treated as non-confidential and non-proprietary, and you authorize ROBERT FUNK and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display, publish or otherwise use all or any part of such information throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral or privacy rights that you may have in any such content posted or shared by you. By posting or sharing such content, you represent to ROBERT FUNK that you own or have the right to use and permit ROBERT FUNK to use such content in the manner stated above. ROBERT FUNK cannot and does not guarantee that it will post all content submitted or that such content will not be offensive, defamatory, or objectionable.  Although ROBERT FUNK reserves the right to remove without notice any posting for any reason, ROBERT FUNK has no obligation to delete content that you personally may find objectionable or offensive. In addition to other disclaimers found in these Terms Of Use, ROBERT FUNK does not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness or any content posted on any ROBERT FUNK public forum.

 

Acceptable Use Policy for Sites

You will not, and will not allow or authorize others to, use the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on ROBERT FUNK or his licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of ROBERT FUNK’S or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Sites; or (xiv) are contrary to ROBERT FUNK’S public image, goodwill, reputation or mission or otherwise not in furtherance of the Promise.

 

In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of ROBERT FUNK or his licensors or supplier’s content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of ROBERT FUNK or his licensors or supplier’s software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms Of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).

 

Term and Termination

These Terms Of Use are effective from the date that you first access the Sites and for all subsequent access until terminated in accordance with these Terms Of Use.  ROBERT FUNK may terminate your access to the Sites at any time for any reason, including, but not limited to, the occurrence of any of the following: (i) breaches or violations of these Terms Of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Sites (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Sites; (viii) a statement by you that you no longer agree to these Terms Of Use, or a statement by you otherwise requesting termination of your access to the Sites; and/or (ix) any other reason reasonably considered by ROBERT FUNK to be in its best interest.  You further agree that the ROBERT FUNK shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.  Your obligations under these Terms Of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites.

Deactivation of the Sites

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any part or portion thereof. Nothing in these Terms Of Use shall be construed to obligate ROBERT FUNK to maintain and support the Sites, or any part or portion thereof, during the term of these Terms Of Use.

 

Notice of Claims of Intellectual Property Violations

The content of the Sites may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. ROBERT FUNK does not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms Of Use.

 

If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide the following information to Craig Clemons at Craig.clemons@expresspros.com and Jane Braden at Jane@goodengroup.com:

 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.

3. 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 ROBERT FUNK to locate the material.

4. Information reasonably sufficient to permit ROBERT FUNK to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Privacy Policy

The Sites may collect personally identifiable information from you.  The following describe how such information may be used. 

 

The Sites will not collect or maintain information from anyone known to be under the age of 18, and no part of the Sites is designed to attract anyone under the age of 18.  We do not sell products or services intended for purchase by children.  If you are under 18, you may only use the Sites under the supervision of a parent or guardian.  If we discover or are otherwise notified that we have received any such information from a child in violation of this policy, we will delete that information.

 

The Sites may collect or you may provide personally identifiable information, such as an e-mail address, name, home or work address or telephone number.  We also collect non-personally identifiable demographic information such as your zip code, age, interests or gender or a combination of the above information.  There is also information about your computer hardware and software that may be collected by us, such as your IP address, browser type, domain name, access time and referring website addresses.  We utilize this information in improving and analyzing the Sites. For example, we log IP addresses, or the location of your computer on the Internet, for systems administration and troubleshooting purposes and to determine Site usage.  We also utilize your account information to monitor and improve our services and to ensure that your use of the Sites is in compliance with these Terms Of Use.

 

Please keep in mind that if you disclose personally identifiable information in a public manner, including through collaborative postings, message boards or other public on-line forums, this information may be collected and used by others.  We do not monitor or collect information you disclose inside online public forums nor do we accept any liability associated with your voluntary disclosure of same.  You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Website, so that you can understand how those websites collect, use and store your information.  We are not responsible for the privacy statements, policies or content of other websites, including websites you link to or from.

We will not willingly share your personal information with companies outside our organization except as described herein.  We may disclose aggregated user statistics in order to describe our services to potential advertisers, other third parties, our affiliate companies, and for other lawful purposes.  You may receive communications from us related to products and services that might interest you.  While we believe these services may enhance your time spent at the Website, you will at all times be able to opt out from receiving these communications by specifically choosing to do so via a link which will be provided within the email.

 

The information we gather from you may be used in several ways, now or in the future, to gain a better understanding of our users and their usage pattern as a whole, for Website administration and troubleshooting, to process e-commerce transactions, and other matters you initiate, to identify preferences in content and advertising, to target editorial, advertising or other content (such as promotions, special offers or other content) we think might be of interest to you, and to communicate changes and improvements to our Website or any of our services.

 

We do not give away, sell, rent or lease users’ personally identifiable information to any merchant, advertiser or web publisher.  Non-personally identifiable user information (such as usage pattern, browser type and your computer) may be shared with third party businesses or advertisers with which we have a business or contractual relationship.  We reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, or to enforce the Terms of Use.

 

We may use cookies to personalize your visit to the Website.  A cookie is a data text file sent from a website to your browser.  It may be stored within your system.  The cookie identifies the user and allows access to articles, thus alleviating the need to continually log in with your username and password.  To the extent we uses cookies, we can only access information from a cookie sent by the Sites, not other websites.  By tracking usage, we can best determine the needs of our customers and advertisers.

 

Notice of Privacy Rights to California Residents

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code.  As required by the Act, we will provide you with the categories of personally identifiable information that we collect through this Website and the categories of third party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at your request.  California law requires us to inform you, at your request, (1) the categories of personally identifiable information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies.  The Act further requires us to allow you to control who we can and cannot share that information with.  To obtain this information, please send a request by email or standard mail to the address found below. When contacting us, please indicate your name, address, email address, and what personally identifiable information you do not want us to share with third parties.  The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.”  Please allow thirty (30) days for a response.  Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.

 

By using the Sites you agree that we are not responsible for (i) any disclosure of your personal information made by you to a third party through your use of the Website; (ii) any disclosure of your personal information obtained illegally from us; or (iii) any accidental disclosure of your personal information made by us.

 

Your Comments and Concerns.

All feedback, comments, requests for technical support and other communications relating to the Sites should be directed to Craig Clemons at Craig.clemons@expresspros.com and Jane Braden at Jane@goodengroup.com.

www.robertafunklegacy.com