Funnel Ideas Terms of Use

The FunnelIdeas.com domain name and website are owned and operated by Funnel Ideas, LLC, a Florida limited liability company (“Funnel Ideas”). These Terms of Use (“Terms of Use”) describe the terms and conditions applicable to your access of the Funnel Ideas website and use of any part of the website, including any Content (as defined below) or Services (as defined below) on the website.

1. YOUR ACCEPTANCE

By accessing and/or using this website, or any Content or Services available through the FunnelIdeas.com domain name or website (collectively, together with any such Content or Services, the “Funnel Ideas Website”, or “Website”), you signify your agreement to be bound by these Terms of Use and Funnel Ideas’ Privacy Policy. If you do not agree to any of these terms, you may not access or use the Website.

Funnel Ideas reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time without notice to you. Any alterations shall immediately become part of the Terms of Use and Funnel Ideas will notify you of any material changes by identifying the date the Terms of Use were last revised on the Website. What constitutes a "material change" will be determined at Funnel Ideas’ sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for checking to see if there have been any changes to the Terms of Use and reviewing and becoming familiar with any such changes. Your access or use of the Website constitutes your acceptance of and agreement to be bound by any revisions to the Terms of Use.

2. DESCRIPTION OF THE SERVICES

The Website provides users access to a rich collection of resources displayed, transmitted or provided by Funnel Ideas (the “Services”), including access to a portal that facilitates discussion, debate, and insight on an unlimited array of topics and may include communications tools (i.e. user comments), search services, text, directory information, data, graphics, news articles, photographs, images, illustrations, audio clips and video clips (collectively, “Content”). You also understand and agree that the Website may include advertisements and that these advertisements are necessary for Funnel Ideas to maintain the Website. Funnel Ideas may change, suspend or discontinue any of the Services or any Content for any reason, at any time. Funnel Ideas may also impose limits on certain features and services or restrict your access to parts or all of the Website or certain Services or Content without notice or liability.

These Terms of Use apply to all users of the Funnel Ideas Website, including users who are also contributors of information, video content and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Funnel Ideas. Funnel Ideas has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Funnel Ideas will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release Funnel Ideas from any and all liability arising from your use of any third-party website and assume any and all risks associated with your use of these websites. Whenever you leave the Funnel Ideas Website for another website, you should review the terms and conditions and privacy policies of these websites since these terms, conditions and policies will apply to your use of these third-party websites.

3. REGISTRATION OBLIGATIONS

As a condition to using Services, you are required to register with Funnel Ideas and select a password and username. You shall provide Funnel Ideas with accurate, current and complete registration information and update this information to as necessary keep it accurate, current and complete. Any failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Funnel Ideas account. You may not (i) select or use as a username the name of another person with the intent to impersonate that person (ii) select or use as a username a name subject to any rights of a person or entity other than you without appropriate authorization or (iii) select or use as username or a password any name or password that is otherwise offensive, vulgar, obscene or inappropriate, as determined by Funnel Ideas from time to time in its sole discretion. Funnel Ideas reserves the right to refuse registration of, or cancel a username or password in its sole discretion at any time, even if such name or password has been used by you for any period of time. By registering with the Website, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. The profile that you compose upon registering for the Services (the “Member Profile”) must describe you as an individual person. You must maintain the security and confidentiality of your password as you will be responsible for all actions taken and all activities occurring using or under your username.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. Funnel Ideas complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under the age of 13. By registering on the Website, you represent and warrant that you are 13 years of age or older. If you do not so qualify, do not attempt to register for or use the Services.

4. USER CONDUCT

As a condition of use, you promise not to use the Website or the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Funnel Ideas. Funnel Ideas may investigate any illegal and/or unauthorized use of the Website or Services and take appropriate legal action, including without limitation civil, criminal, and injunctive redress.
By way of example, and not as a limitation, you agree not to use the Website or the Services:
• to abuse, harass, threaten, impersonate, discriminate or intimidate other Funnel Ideas users
• to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, vulgar, pornographic, abusive, offensive or otherwise violates any law or right of any third party
• for any illegal or unauthorized purpose and, without limiting the foregoing, if you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content
• to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Funnel Ideas user
• to create or submit unwanted email (“Spam”) to any other Funnel Ideas users or any URL
• to upload files that contain any software viruses, Trojan horses, worms, bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website
• to reformat or frame any portion of any web page that is part of the Services
• to upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation inside information, proprietary and confidential information learned or disclosed as part of any employment relationship or information subject to nondisclosure agreement)
• to post Content containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
• to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity
• to upload, post or re-post any Content that was deleted
• to post or submit links or Content on behalf of anyone that has been banned or removed from the Website
• to provide or allow usage by others in such a way as to violate these Terms of Use
• to disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects the ability of other users to engage in real time exchanges
• to interfere with or disrupt the Website or any servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of any networks connected to the Website
• to violate any local, state, national or international laws, rules or regulations (including but not limited to any copyright laws, any securities laws, any regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ)
• to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content
• with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website or (iii) bypass any measures we may use to prevent or restrict access to the Website
• to artificially inflate or alter the “Funnel Ideas count”, blog count, comments, or any other Services, including by way of creating separate user accounts giving or receiving money or other remuneration in exchange for votes or participating in any other organized effort that in any way artificially alters the results of any Services
• to advertise or solicit any user to buy or sell any products or services or otherwise solicit funds for any purpose. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent
• to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
• to upload, post, email, transmit or otherwise make available any Content that encourages or exhorts others to commit any illegal or improper act
• to harm minors in any way
• to impersonate another user or person, including, but not limited to, a Funnel Ideas official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity sell or otherwise transfer your profile
• collect or store personal data about other users in connection with any prohibited conduct or activities set forth above or
• to attempt to do any of the foregoing.

Funnel Ideas may remove any Content and Funnel Ideas accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email abuse@funnelideas.com
You are solely responsible for your interactions with other users of the Website. Funnel Ideas reserves the right, but has no obligation, to monitor disputes between you and other users.

5. CONTENT SUBMITTED OR MADE AVAILABLE

Any material that you submit to the Website including, without limitation content, information, ideas, comments, suggestions or other materials (“Submitted Materials”) shall be subject to the applicable terms and conditions set forth herein. You hereby agree that any communication or Submitted Materials you do transmit to us by electronic mail or otherwise will be treated as non-confidential and non-proprietary, and you grant to Funnel Ideas the rights set forth in these Terms of Use.
Funnel Ideas does not claim ownership of any communication or material you submit or make available for the Website and you are entirely responsible for everything you upload, post, email or otherwise make available on the Website provided, however, that by uploading, posting, emailing or otherwise making available any communications or Submitted Material on the Website, and solely in consideration of the possibility of publicity and professional credit you may receive and in lieu of any other compensation, you hereby grant, assign and transfer to Funnel Ideas, its successors, assigns and sub-licensees the fully paid, non-exclusive, royalty-free, perpetual, irrevocable worldwide right and license to use, publish, reproduce, distribute, transmit, translate, display, perform, modify, revise, create derivative works of and archive the Submitted Materials and Content, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense, without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the this Section and that the exercise by Funnel Ideas and any other licensee or sublicensee of the rights under this provision shall not violate any laws, rules or regulations, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person or entity (including without limit any copyright, moral right or any other proprietary or legal right).

You acknowledge that you shall not be entitled to any monetary compensation in exchange for ’any exercise of the foregoing rights. Furthermore, Funnel Ideas is free to use any ideas, concepts, know-how or techniques contained in any communication or Submitted Material you submit to us for any purpose, at any time, and without any remuneration or obligation to you. Any waiver of the rights granted to Funnel Ideas in this Section must be in writing and signed by an authorized Funnel Ideas’ signatory. Funnel Ideas shall have no obligation to post, exhibit, distribute or otherwise make use of any Submitted Materials.

You acknowledge that you may post on the Website only: (i) Content owned by you (ii) Content for which you have received express permission from the owner and (iii) Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You further acknowledge that the Content on the Website is or may be protected by copyright, trademark or other proprietary rights of the Funnel Ideas or third parties. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Website. Your use of such Content shall only be for your personal, non-commercial purposes. Businesses, organizations or other legal entities are not permitted to use the Website for any purpose, including, but not limited to collecting usernames and /or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website. You may download, copy and make any personal, non-commercial use of the Content and use that is permitted by Sections 107 through 122 of the United States Copyright Act of 1976, as amended (the “Act”) and not prohibited by any section of the Act or by any other applicable law, rule or regulation provided, however, that you maintain all copyright and other notices contained in such Content and provided further, however, that you shall not store electronically any significant portion of any Content.

Except as expressly permitted in this Section, you may not, publish, display, perform, distribute, transmit, sell, transfer reproduce, modify, create derivative works from, or in any way exploit any of the Content, in whole or in part. Content consisting of downloadable software may not be reverse-engineered, disassembled, re-engineered or decompiled unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Website, Services or Content, including features that prevent or restrict use or copying or that enforce limitations on use.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside.

7. COPYRIGHT COMPLAINTS

Funnel Ideas respects the intellectual property of others. It is Funnel Ideas’ policy to respond expeditiously to claims of copyright and other intellectual property infringement. Funnel Ideas will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Funnel Ideas may remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act remove or disable access to any reference or link to material or activity that is claimed to be infringing. Funnel Ideas will terminate access for subscribers and account holders who are repeat infringers.

Notifying Funnel Ideas of Copyright Infringement: To provide Funnel Ideas notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” at abuse@funnelideas.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

Providing Funnel Ideas with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Funnel Ideas with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at abuse@funnelideas.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend that you seek the advice of an attorney.

8. PRIVACY POLICY

Funnel Ideas’ current privacy policy is available at http://www.funnelideas.com/moreFunnel.asp?7-Privacy-Policy (the “Privacy Policy”), and is incorporated herein by this reference.

9. INDEMNIFICATION

You irrevocably agree to defend, indemnify and hold the Released Parties (as defined in Section 12 below) harmless from any and all actions, courses of actions, proceedings, claims, demands, liabilities, losses, damages, costs or expenses, including reasonable attorneys’ fees, asserted against or incurred by any of the Released Parties, arising out of or in connection with, the Submitted Materials you submit, post to or transmit to the Website, your use of the Website, your connection to the Website, your violation of these Terms of Use or your violation of any rights of another party, including without limitation any of the foregoing that may arise from any other person or entity using your password. Funnel Ideas reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Funnel Ideas’ defense of such claim and be responsible for the reasonable costs of such defense.

10. WARRANTY DISCLAIMERS

Neither Funnel Ideas nor any provider of third party content or their respective agents warrants that the Website or any Services will be uninterrupted or error free nor does Funnel Ideas, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the Website, the Services or the Content. You acknowledge that Funnel Ideas has no control over, and no duty to take any action regarding: which users gain access to the Website or use the Services what effects the Content may have on you how you may interpret or use the Content or what actions you may take as a result of having been exposed to the Content. You release Funnel Ideas from all liability for you having acquired or not acquired Content through the Website or the Services. The Website or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Funnel Ideas makes no representations concerning any content contained in or accessed through the Website or Services, and Funnel Ideas will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or the Services.

THE SERVICES, CONTENT, AND WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , . NEITHER FUNNEL IDEAS NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU SHOULD USE CAUTION IN THE USE AND DOWNLOADING OF ANY MATERIALS AND USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND ELIMINATE DESTRUCTIVE FEATURES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON SUCH WARRANTIES, SO ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FUNNEL IDEAS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW

11. LINKS AND OTHER SITES

This Website contains links to pages on other sites, and those sites may offer content products, services or other resources. Because Funnel Ideas has no control over such sites and resources, you acknowledge and agree that Funnel Ideas has no responsibility for the accuracy of any information or any content, products, services or other resources that may be provided by any other sites. Links to external sites do not constitute an endorsement by Funnel Ideas of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. Funnel Ideas does not author, edit or monitor these pages or links. You further acknowledge and agree that Funnel Ideas is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such site or any content, products services or resources, available on or through these other sites.
Funnel Ideas hereby grants you a non-exclusive, limited license, revocable at Funnel Ideas’ discretion, for you to link to Funnel Ideas’ home page from any site you own or control that is not commercially competitive to Funnel Ideas and does not criticize or otherwise injure Funnel Ideas, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Any such link is not an endorsement of such other site(s) by Funnel Ideas. All of Funnel Ideas’ rights and remedies are expressly reserved.

12. LIMITATIONS ON LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING:
THAT UNDER NO CIRCUMSTANCES WILL FUNNEL IDEAS, ITS PARENT, AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR SPONSORS, CONTRACTORS, VENDORS OR OTHER PARTNERS, OR ANY OF THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, STOCKHOLDERS, PARTNERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OR ANY SUCCESSORS, ASSIGNS, HEIRS OR LEGAL REPRESENTATIVES OF ANY OF THE FOREGOING PERSONS OR ENTITIES (COLLECTIVELY THE “RELEASED PARTIES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, THE USE OR THE INABILITY TO USE THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE SERVICES, CONTENT OR MATERIALS AVAILABLE ON THE WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY SERVICES, CONTENT OR INFORMATION AVAILABLE THROUGH OR CONTAINED WITHIN THE WEBSITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT FUNNEL IDEAS IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MATERIALS, DATA OR OTHER TRANSMISSIONS ENTERED INTO THROUGH THE SERVICES OR FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR FOR ANY ACTS OR OMISSIONS OF ANY OTHER PARTY OR FOR ANY INFRINGEMENT OF ANOTHER’S RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR WEBSITE-RELATED SERVICES, CONTENT OR OTHER MATERIALS IS TO STOP USING THE WEBSITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS IT MAY HAVE UNDER THE LAWS OR STATUTES OF ANY JURISDICTION THAT LIMIT THE EXTENSION OF A RELEASE TO CERTAIN TYPES OF CLAIMS, SUCH AS CALIFORNIA CIVIL CODE SECTION 1542, AND ANY SIMILAR LAWS OF ANY OTHER JURISDICTION.

IN THE EVENT THE FOREGOING LIMITATION IS NOT ENFORCEABLE FOR ANY REASON, YOU AGREE THAT FUNNEL IDEAS’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO FUNNEL IDEAS FOR YOUR USE OF THE WEBSITE OR THE SERVICES, BUT IN NO CASE SHALL THE LIABILITY OF FUNNEL IDEAS TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO FUNNEL IDEAS, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FUNNEL IDEAS, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, CERTAIN OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. TERMINATION

Funnel Ideas, in its sole discretion, may terminate, restrict or suspend any and all Services and your Funnel Ideas’ account immediately, without prior notice or liability. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination of your action shall survive any such termination, including, without limitation, ownership provisions, warranty disclaimers, indemnifications and limitations of liability.

14. MARKS

The FUNNEL IDEAS mark and all other Funnel Ideas’ marks, graphics, logos, designs, page headers, button icons, scripts, and service names are the exclusive property of Funnel Ideas and also may be registered trademarks of Funnel Ideas in the U.S. and/or other countries. Funnel Ideas’ marks and trade dress may not be copied, imitated, or used, in whole or in part, without the prior written permission of Funnel Ideas or as may be expressly provided herein. Subject to the other provisions contained in the Terms of Use, the logo may be used by partner and third party sites in connection with providing appropriate “Support this idea” and “Connect to Funnel Ideas” links to the Funnel Ideas’ Website.

15. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Funnel Ideas in any respect whatsoever. The failure of Funnel Ideas to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Without limiting any of the limitations on liability contained in these Terms of Use, you agree that Funnel Ideas shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Funnel Ideas’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sub-licensable by you in whole or in part, except with Funnel Ideas’ prior written consent. Funnel Ideas may transfer, assign or delegate all or any part of its rights and obligations under the Terms of Use without your consent. THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICT OF LAWS.

IN ANY MATTER THAT IS OR MAY BE LITIGATED YOU AND FUNNEL IDEAS EACH HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT YOU OR FUNNEL IDEAS MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM, DISPUTE, DEMAND, ACTION, CAUSE OF ACTION OR COUNTERCLAIM BASED ON, ARISING UNDER OR IN ANY WAY RELATED TO THE WEBITE OR THESE TERMS OF USE OR ANY MATTER REFERRED TO THEREIN OR HEREIN. YOU FURTHER AGREE THAT ANY DISPUTE BASED ON, ARISING UNDER OR IN ANY WAY RELATED TO THE WEBITE OR THESE TERMS OF USE OR ANY MATTER REFERRED TO THEREIN OR HEREIN THAT IS OR MAY BE LITIGATED SHALL BE LITIGATED BY YOU ONLY IN THE FEDERAL OR STATE COURTS LOCATED IN PALM BEACH COUNTY, FLORIDA (AND IN THE CASE OF APPEALS IN THE COURTS IN WHICH APPEALS FROM SUCH COURTS ARE TO BE HEARD). YOU IRREVOCABLY SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS, AND WAIVE ANY OBJECTION YOU MAY HAVE CONCERNING THE VENUE OR CONVENIENCE OF SUCH FORUMS. NOTWITHSTANDING THE FOREGOING, HOWEVER, YOU AGREE THAT FUNNEL IDEAS MAY, IN ITS SOLE DISCRETION, ELECT TO COMMENCE, BRING OR PURSUE LITIGATION OR ANY ACTION BASED ON, ARISING UNDER OR IN ANY WAY RELATED TO THE WEBITE OR THESE TERMS OF USE OR ANY MATTER REFERRED TO THEREIN OR HEREIN IN ANY OTHER COURT HAVING PROPER JURISDICTION..

YOU AND FUNNEL IDEAS AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE WEBSITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, EITHER FUNNEL IDEAS OR YOU MAY REQUIRE THAT ANY DISPUTE BETWEEN FUNNEL IDEAS AND YOU ABOUT OR INVOLVING THE WEBSITE OR THE SERVICES BE SETTLED BY BINDING ARBITRATION UTILIZING THE DISPUTE RESOLUTION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION AND HELD IN PALM BEACH COUNTY, FLORIDA, USA PROVIDED HOWEVER, THAT THE FOREGOING RIGHT (I) SHALL NOT PREVENT FUNNEL IDEAS SEEKING INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION OR (II) APPLY TO ANY CLAIM THAT YOU OR FUNNEL IDEAS HAS IN ANY MANNER INFRINGED UPON OR VIOLATED OR THREATENED TO INFRINGE UPON OR VIOLATE ANY PATENT, COPYRIGHT, TRADEMARK OR TRADE SECRET RIGHTS, OR THAT YOU HAVE VIOLATED ANY OF THE USER CONDUCT RULES SET FORTH ABOVE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU AGAINST FUNNEL IDEAS, WHETHER RELATED IN ANY WAY TO THE WEBSITE AND/OR THE SERVICES OR OTHERWISE, BE INSTITUTED MORE THAN TWO (2) YEARS AFTER THE EVENT OR EVENTS GIVING RISE TO SUCH CAUSE OF ACTION FIRST OCCURRED.