These Terms and Conditions of Use ("Agreement") is a legal agreement between you on the one hand, and Tomofun, LLC ("Tomofun"), the owner, operator and developer of Furbo.com, on the other hand. By accessing, using, or registering for any service provided on Furbo.com you become a customer ("Customer") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement.
IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT ACCESS, USE, OR REGISTER FOR ANY SERVICE ON FURBO.COM.
- Limitations of Liability.
By accessing Furbo.com or using any services provided by Furbo.com, you agree that in no event will Furbo.com, Tomofun, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by Furbo.com or Tomofun shall be a return of any fees paid to Furbo.com or Tomofun for any services provided under this Agreement.
You agree to indemnify, defend and hold harmless Furbo.com, Tomofun, its and their officers, employees, agents, affiliates, licensees and web hosting services and third
parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of Furbo.com, and including any breach by you of the Terms contained in this Agreement.
- Responsibility for Use of Website.
You understand and agree that you are solely responsible for your use of any information contained on the website, and for your actions by virtue of any
services provided on Furbo.com.
- Do Not Rely on Furbo.com.
Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Furbo.com or Tomofun. Furbo.com and Tomofun do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
It is agreed that all personal information given to Furbo.com or Tomofun, will be kept confidential by Furbo.com and Tomofun, with the following exceptions: (1) Furbo.com and Tomofun reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing furbo.com to disclose the identity or release the information of a customer. (2) Furbo.om and Tomofun reserve the right to release a Customer’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the right, property or safety of our customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting this Agreement you waive all rights and agree to hold Furbo.com and Tomofun harmless from any claims resulting from any action taken by Tomofun during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Tomofun or law enforcement authorities.
- Ownership, Copyrights, Trademarks, Licenses.
Furbo.com and Tomofun own and retain all proprietary rights to the Furbo.com service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Furbo.com and Tomofun. By posting information to Furbo.com and Tomofun you represent that you have the right to grant permission for use by Furbo.com and Tomofun.
- No Warranties.
Furbo.com and Tomofun provide the services on Furbo.com on an "as is" basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, Furbo.com and Tomofun do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
This Agreement or any dispute arising from this Agreement is governed by the laws of California, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the Superior Court of California, County of Los Angeles, and you hereby consent to the jurisdiction of any such court.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
If you register for any service provided by Furbo.com, you certify that you are at least 18 years of age and that your answers to the registration materials on Furbo.com are truthful.
- Entire Agreement.
This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you on the one hand, and Furbo.com and Tomofun on the other hand, with respect to Furbo.com and any service it provides. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use Furbo.com services or enter sweepstakes on Furbo.com. Tomofun may revise these Terms and Conditions of Use at any time. Your continued access and use of Furbo.com after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
The failure of Furbo.com or Tomofun to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Furbo.com or Tomofun must be in writing and signed by an authorized representative of Tomofun.