1. REPRESENTATIONS AND WARRANTIES
TRAVELCALL, INC. DBA FUNBERS (HEREINAFTER REFERED TO AS FUNBERS) ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND/OR ITS RESPECTIVE CUSTOMERS, PARTNERS,
SUPPLIERS, AND AFFILIATES AND SUPPLIERS SHALL IN NO EVENT BE LIABILE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LOST PROFITS, RESULTING FROM THE USE OR NON-USE OF THE SITE OR THE CONTENT, INFORMATION, SERVICE,
PRODUCT, SOFTWARE, AND DEMONSTRATIONS AND THE RELATED GRAPHICS CONTAINED THEREIN. SUCH LIMITATIONS TO CONSEQUENTIAL AND INCIDENTIAL DAMAGES IS IN EFFECT AND
FULL FORCE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Funbers IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED, YOUR SOLE AND EXCLSUIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE USE OF THIS SITE OR SERVICES AND OR REQUEST A REFUND.
THE AMOUNT OF THE REFUND UNDER NO CIRCUMSTANCES WILL EXCEED THE AMOUNT PAID TO FUNBERS FOR SERVICES.
SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
1.2 TRANSMISSION
FUNBERS IS IN NO WAY LIABLE FOR TRANSMISSION FAILURE, INCLUDING BUT NOT LIMITED TO, THE FAILURE, DELAY,
INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
INFORMATION IS TRANSMITTED OVER MANY DIFFERENT EXCHANGES, THE INTERNET, ROUTERS, CARRIER LINES,
AND LOCAL AND LONG DISTANCE PHONE COMPANIES AND INTERNET SERVICE PROVIDERS.
THESE DEVICES ARE MAINTAINED, SERVICED, AND OWNED BY THIRD PARTIES. THEIR MAINTAINANCE AND SERVICE IS OUT OF THE CONTROL OF Funbers.
1.3 INDEMNIFICATION
You agree to defend, indemnify and hold Funbers, its officers, directors, employees, agents, subsidiaries, Customers, Partners, Suppliers,
and Affiliates (the "Indemnified Parties"), from and against any and all liability, costs, and settlements, including, without limitation,
reasonable attorneys' fees and accounting fees, incurred by the Indemnified Parties in connection with any claim arising out of any
breach of this User Agreement by you or any user of any account assigned to you, whether such user is authorized or unauthorized.
Funbers, will promptly provide notice to you of any such claim, suit, or proceeding and, at your expense,
will reasonably cooperate with you in your handling of such matter.
2. Customer Privacy
Funbers is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others
in ways different from what is disclosed in this statement.
3. Information Collected
Funbers can collect information from our users at several different points on our web site.
We collect, retain, and use information about you for the purpose of administering our relationship with you.
In order to administer our relationship with you, it is necessary for you to provide certain information upon using portions of our Site.
Such information includes your name (either your name, company, or organizations name), address, phone number, e-mail address, credit card data
and other information gathered through the applicable process.
3.1 Accuracy of Information Collected
We continually strive to maintain accurate and complete information about our users, members, customers, and clients.
Should you believe that information is inaccurate or incomplete, you should notify help@Funbers.us with concerns and the accurate information.
We will use reasonable efforts to correct the incorrect information.
3.2 Security
We maintain security measures to protect your information from loss, misuse and alteration of information under our control.
Our site employs SSL 128 bit encryption when private information is passed from you to us.
The level of encryption you ultimately obtain is dependent upon your browser's capabilities.
If you have any questions about security at our web site, please send an email to: help@Funbers.us
3.3 Sharing of Information
Within Funbers, any employee access to customer information is for business purposes only and is based on a need to know basis.
3.4 Call Records
We provide on line access to call records, printed copies may be obtained by emailing help@Funbers.us or calling our customer service number.
3.5 Legally Required Disclosure
There may be occasions where we are legally required to disclose information about you, such as in response to a subpoena,
to prevent fraud, or to comply with a legally permitted inquiry by a governmental agency.
3.6 Opt In/Out
Our site provides an opportunity to opt-out of receiving communications from us. 3.6 Link To This Site
If you linked to this site from another site, use of that site is subject to the privacy statement and policies of that site.
Note: Use of this Site constitutes consent to monitoring. All web site traffic on this site is monitored for copyright, security, and statistical purposes.
Unauthorized attempts to upload or change information, to download the entire web site, or otherwise cause damage are strictly prohibited and may be
punishable under any applicable local, state, federal, and/or international laws.
4. COPYRIGHTS AND TRADEMARKS
Copyright: ©2010 Funbers. All rights reserved.
All material on this site is owned by Funbers, or its Customers, Partners, Suppliers, or Affiliates, and is protected by national and international copyright law.
Unauthorized duplication or distribution is prohibited.
5. LINKS
Funbers is linked to by other Internet sites and resources. Funbers is not responsible for the content or is in any way associated with these third parties.
All inquiries regarding the linking sites should be directed to those sites. We provide links to other web sites that we think may be of interest to our users.
By providing links, we are not endorsing the materials and content disseminated at those web sites, and we are not responsible for the materials and content at any other site.
6. PROTECTION OF ID AND PASSWORD
You are required to have a password to access portions of our Site.
You set-up a password as a log-in during registration. The information entered must be accurate and updated accordingly.
You must be 18 years or older to use this site. In order to protect the accounts of all users, you may not select or use a user ID of another person or use a user ID in which another perso
Noncompliance with the foregoing shall constitute a breach of this Agreement. Such noncompliance may result in termination of your account.
You are solely responsible for maintaining the confidentiality of your user ID and password.
You must notify Funbers of any known or suspected breach of security, including theft, loss, or unauthorized disclosure of your password or credit card information,
or unauthorized access or use(s) of your account, or any known or suspected.
You are responsible for any and all use and activity on your Funbers account. You are responsible for third party users, including employees,
authorized or unauthorized by you to use your user ID and password. Any illegal activity, including, but not limited to,
fraudulent misrepresentation, may be, at Funbers.s sole discretion, grounds for termination of your account. In certain circumstances, Funbers may refer you to appropriate law enforc
7. CHOICE OF FORUM
By agreeing to this User Agreement, you agree that exclusive jurisdiction for any and all disputes with Funbers resides in the federal court for the State of Utah, USA
and you further agree and expressly consent to the exercise of personal jurisdiction in the State of Utah, USA in connection with any such dispute including any claim
involving Funbers, its employees, officers, and directors.
8. CHOICE OF LAW
The User Agreement is governed by the laws of the State of Utah, without respect to its conflict of laws principles.
9. SEVERABILITY
If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of the User Agreement, which shall remain in full force and effect.
10. WAIVER
No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision.
11. FORCE MAJEURE
Funbers is not liable for failure or delay in performing an obligation under this Agreement that is due to causes beyond its control, such as natural catastrophes,
governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, transportation stoppages or slowdowns or the inability to procure Content,
information, service, carriers, Product, Software, or Demonstrations. If any of these causes continue to prevent or delay performance for more than 30 days,
you may terminate this Agreement, effective immediately upon notice to Funbers.
12. COMPLETE AGREEMENT
These provisions constitute the entire Agreement between you and Funbers with respect to the use of this Site and any Software, Content, or Product contained therein,
unless specified and marked "ADDENDUM" on the site.
13. OFFICIAL CORRESPONDENCE
Official correspondence must be sent via postal mail to:
Funbers
Legal Department
3783 South 500 West Suite 6
Salt Lake City, Utah 84115