Get Quote
To receive your customized quote
click here
Terms of Use
Terms and Conditions
The following terms and
conditions of use (the "Terms and Conditions") govern your use of the Funlosophy.com site (the "Site").
The Site is made available by Funlosophy.com (the
"Site Proprietor" or "we").
BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE
TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions,
you may not access or otherwise use the Site.
We may change the Terms and Conditions from time to time, and at any time without
notice to you, by posting such changes on the Site. By using the Site following
any modifications to the Terms and Conditions, you agree to be bound by any such
modifications to the Terms and Conditions.
You may only use the Site if you are domiciled in the United States, the particular state in which you reside does not prohibit, by law or regulation, any of the businesses in which Funlosophy.com is engaged, and you are 18 years old or older.
- Services Available on the Site. Via the Site, consumers can submit indications
of interest in connection with the solicitation of quotes to provide team building and other
employee and human improvement and development services. Once a user provides us with the information
solicited in the "Get Quote" form, we will examine the information and put together an appropriate
quote for the types of services sought.
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty.
There is no charge to you for use of the Site.
- Proprietary Rights. As between you and the Site Proprietor, the
Site Proprietor owns, solely and exclusively, all rights, title and interest
in and to the Site, all the content, code, data and materials thereon, the
look and feel, design and organization of the Site, and the compilation of the
content, code, data and materials on the Site, including but not limited to
all intellectual property and proprietary rights therein. Your use of the Site
does not grant to you ownership of any content, code, data or materials you
may access on the Site. Any commercial use or exploitation of the Site is
strictly prohibited. You may view the content on the Site on your personal
computer or other internet-compatible device, and make single copies or prints
of the content on the Site for your personal, non-commercial use only. You may
not otherwise copy, reproduce, distribute or otherwise exploit any content,
code, data or materials on the Site. If you make other use of the Site, except
as otherwise provided above, you may violate copyright and other laws of the
United States, other countries, as well as applicable state laws and may be
subject to liability for such unauthorized use. We do not grant any license or
other authorization to any user of our trade names, trademarks, service marks
or other marks or logos without our separate express written agreement. Third
party marks are the property of their respective owners.
- User Submissions. In the course of your use of the Site, you may be
asked to provide, or you may provide on your own inclination, information or
materials to us (such information and/or materials referred to hereinafter as
"User Submissions"). User Submissions include, for example, information you
submit to us via your application to receive quotations ("Application Data").
User Submissions also include information and materials you submit to us via
other on-line forms on the Site, by e-mail, or in any other manner via the
Site. Our information collection and use policies with respect to the privacy
of personal information (with the exception of testimonials, which may be used
as set forth in Section 5, below) are set forth in the Site's Privacy Policy
which is incorporated herein by reference for all purposes. Please read our
Privacy Policy before submitting any User Submissions. You acknowledge and
agree that you are solely responsible for the accuracy and content of the User
Submissions. We cannot be responsible for maintaining any User Submissions
that you provide to us, and we may delete or destroy any such User Submissions
at any time. We reserve the right to refuse to post or to remove any User
Submissions, in whole or in part, that, in our sole discretion, are unlawful,
unacceptable, undesirable, inappropriate or in violation of these Terms and
Conditions.
- Testimonials. If you submit a testimonial to us about how the Site
has worked for you, such testimonial will be deemed not to be confidential or
secret, and may be used by us in any manner. By submitting or sending a
testimonial to us, you: (i) represent and warrant that the testimonial is
original to you, that no other party has any rights thereto, and that any
"moral rights" in such testimonial have been waived, and (ii) you grant us a
royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive
and fully transferable, assignable and sub-licensable right and license to
use, reproduce, publish, distribute, display, translate, summarize, modify and
adapt such testimonial (in whole or part) and/or to incorporate it in other
works in any form, media, or technology now known or later developed, in our
sole discretion, with or without your name.
- User Conduct. You warrant and agree that, while using the Site, you
shall not upload, post or transmit to or distribute or otherwise publish
through the Site any materials that: (a) are protected by copyright, or other
proprietary or intellectual property right, without first obtaining permission
from the proprietary or intellectual property rights holder; (b) are unlawful,
threatening, harassing, profane, tortious, defamatory, vulgar, obscene,
libelous, deceptive, fraudulent, contain explicit or graphic descriptions or
accounts of sexual acts (including but not limited to sexual language of a
violent or threatening nature directed at another individual or group of
individuals), invasive of another's privacy or hateful, (c) restrict or
inhibit any other user from using and enjoying the Site, (d) constitute or
encourage conduct that would constitute a criminal offense or give rise to
civil liability, or (e) contain a virus or other harmful component,
advertising of any kind, or false or misleading indications of origin or
statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes; (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You agree to defend, indemnify and hold the Site Proprietor and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your misuse of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions.
- DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION,
ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS
AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA
PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES,
EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT,
FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED
OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE
SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE,
YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER SUBMISSION; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.- LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SITE PROPRIETOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
- Links from and to the Site. You acknowledge and agree that we have
no responsibility for the accuracy or availability of information provided by
Web sites to which you may link from the Site ("Linked Sites"). Links to
Linked Sites do not constitute an endorsement by or association with us of
such sites or the content, products, advertising or other materials presented
on such sites. We do not author, edit, or monitor these Linked Sites. You
acknowledge and agree that we are not responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on such Linked Sites.
- Applicable Laws. We control and operate this Site from our offices
in the State of Colorado in the United States of America. We do not represent
that materials on the Site are appropriate or available for use in other locations.
Persons who choose to access this Site from other locations do so on their own initiative,
and are responsible for compliance with local laws, if and to the extent local
laws are applicable.
- Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You agree that any use of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Colorado. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Colorado. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.