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
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.
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
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
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.
Term and Termination
Deactivation of the Sites
Notice of Claims of Intellectual Property Violations
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.firstname.lastname@example.org 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.
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.
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.
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.email@example.com and Jane Braden at Jane@goodengroup.com.