Terms of Services
Last updated on April 23 2020
Please read carefully the following terms and conditions (“Agreement”) before using the Services offered by EP Technology Corporation USA, and its affiliates (collectively, “Funlux” or “we”). This Agreement below governs all the services Funlux provides: (1) a Funlux user website that may be accessed through www.funlux.com (“Site”), (2) services accessible through the Site (“Web Services”), (3) software and application that may be downloaded to your mobile devices (“Mobile App”), and (4) subscribed services, including services that can be accessed using the Web Services and Mobile Apps (“Subscribed Services”), all for use in connection with Funlux hardware products (“Products”) and in other ways that Funlux provides (collectively, “Services”). Some Funlux Products and Services can be used in the way that integrates with products and services offered by third parties.
BY USING THE SERVICES YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND ARE A PARTY TO THE TERMS AND CONDITIONS HEREUNDER TO THE EXCLUSION OF ALL OTHER TERMS. YOU REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT AND CEASE ACCESSING OR USE THE SERVICES.
AS DESCRIBED BELOW, USAGE AND LIMITATION OF SERVICES AND WARRANTY DISCLAIMERS DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
Access to Services
Subject to these Terms, Funlux grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services.
Funlux may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Funlux may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You may only use the Services and the Products for your own personal, non-commercial use, and not for the use or benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by any applicable law, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. Any software component embodied in the Products is licensed to you, and not sold.
Funlux reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Funlux will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
The Services are available to persons aged 18 years or older. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to Funlux or on the Services. If we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at [email protected] or EP Technology Corporation USA, 1401 Interstate Dr., STE B, Champaign, IL 61822, USA.
You represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Certain features or services offered on or through the Site may require you to open an account (including setting up a Funlux Account and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Funlux immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Funlux or any other user of or visitor to the Site due to someone else using your Funlux Account, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Funlux Account, password or account at any time without the express permission and consent of the holder of that Funlux Account, password or account. Funlux cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You may choose to, or Funlux may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Funlux under any fiduciary or other obligation. Funlux may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Funlux does not waive any rights to use similar or related ideas previously known to Funlux, developed by its employees, or obtained from other sources.
You acknowledge and agree that you are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to Funlux all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these Terms. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Funlux reserves the right to remove any User Submissions from the Services at any time, for any reason or for no reason at all.
Under no circumstances will Funlux be liable in any way for any User Submissions, including, but not limited to, any errors or omissions in any User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Service.
You warrant, represent and agree that: you will not contribute any Content or User Submissions or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Funlux; or (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Funlux reserves the right to remove any Content from the Services 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 if Funlux is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Funlux, remain solely responsible for all Content that you share, publish, upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Funlux and to grant Funlux the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not 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 other User or anyone. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Listserv, Mail list, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Funlux Account, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Furthermore, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Site is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Cloud Plan Billing. For each of the Premium and Platinum Plans, you may initially subscribe for periods of 1 month, 6 months, or 1 year. Recurring subscription fees are billed or charged every month, 6 months, or 1 year, respectively, from the day of your initial subscription. If you subscribed on the 29th, 30th, or 31st of a month, and such date is later than the last day of a month in which subscription fees are due, your subscription will be renewed and billed on the last day of that month. For example, a 1 month subscription that began on March 31st will be renewed and billed on April 30th, etc. If any payment is not received in a timely manner, or if any credit card or similar transaction is rejected, Funlux reserves the right to process any payment method you have submitted to retry billing until successful, or to cancel your subscription plan and to collect any rejection or insufficient funds fee due.
Automatic Renewal. In order to make sure that your continued use of our Services is not disrupted, your subscription period of 1 month, 6 months, or 1 year, as applicable, will be automatically renewed when your initial subscription expires, unless and until you choose to unsubscribe from us or we cancel your subscription.
Cancellations and Refunds. You may cancel your recurring subscription through your Funlux account at any time, with or without cause. You may also cancel by contacting us at [email protected] , but may be required to provide certain forms of authentication and verification of ownership. If you subscribed to the cloud plan through the iOS in-app purchase, your subscription and billing is managed by Apple. You will need to cancel your subscription from your iTunes account or by contacting Apple. Your cancellation date will be in accordance with the time stamp of the original contact. To avoid future billing, you must cancel your subscription before the next renewal date. Cloud subscription plans are not eligible for refunds. As such, after cancellation you will continue to enjoy access to the cloud plan until the last day of your current subscription period. After the subscription period ends, you will no longer be billed the recurring subscription fees, and your cloud recordings will be permanently deleted and will no longer be accessible to you.
Usage and Limitation of Services
The Services are intended to be accessed and used for non-critical information and control of Products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to suspension, interruptions and failures for a variety of reasons beyond Funlux’s control, including but not limited to Wi-Fi intermittency, service provider uptime, mobile service carriers and any other related third parties. You acknowledge these limitations and agree that Funlux is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications. YOU AGREE THAT THE PRODUCTS AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT AN EMERGENCY NOTIFICATION SYSTEM.
You further acknowledge that, although Funlux’s target is to provide highly reliable and available service, the Services, including remote access and mobile alters, should not be deemed to be 100% reliable and 100% available. Services may be suspended temporarily without notice for a variety of reasons, including, but not limited to, security, system failure, and maintenance, or other circumstances. There is no guarantee that you will receive mobile alters in any given time or at all. You agree that you will not be entitled to any refund or rebate for such suspensions. Funlux does not offer any specific uptime guarantee for the Services. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE ALTERS FROM YOUR FUNLUX PRODUCTS ARE PROVIDED FOR INFORMATIONAL USE ONLY.
The Services, although accessible worldwide, have been designed for use by residents of the United States, AS APPLICABLE. You are responsible for complying with all applicable laws and regulations of the country where you access or use the Services. We are not liable or responsible if you break any such law.
THE WARRANTY FOR PRODUCTS IS SET FORTH IN THE LIMITED WARRANTY.
THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND FUNLUX AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
FUNLUX AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUNLUX OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
FUNLUX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES, AND FUNLUX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY FUNLUX YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
FUNLUX MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND FUNLUX WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. FUNLUX MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
Indemnity and Limitation of Liability
You will indemnify and hold Funlux, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Service, use of the Service, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Nothing in these Terms and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) FUNLUX BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF FUNLUX KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) FUNLUX’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO FUNLUX OR FUNLUX’S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCTS AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. FUNLUX DISCLAIMS ALL LIABILITY OF ANY KIND OF FUNLUX’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL FUNLUX BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
You agree that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Products, Products Software, and Services (i.e., the Site, Web Services, and Mobile Apps) are owned by Funlux or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Funlux and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may only copy parts of the Services (including this Site) onto your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own website without the written consent of Funlux. You must have a license from us before you can post or redistribute any portion of the Services. Other than with respect to User Submissions, Funlux retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Please note that information published on this Site or otherwise made available to you by the Services may refer to products, programs or services that are not available in your country. Contact Funlux.com for information regarding the products, programs and services that may be available to you.
The Services are controlled, operated, and administered by Funlux from its offices within the United States. Funlux makes no representation that the Services are appropriate or available for use at other locations outside the United States, and access to the Services from territories where the Services are illegal is prohibited. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws where you reside.
Third Party Products and Services
Funlux may provide the opportunity for you to interface with products and services provided by a third party. Funlux Services also rely on or interoperate with third party products and services, which are beyond Funlux’s control. The operation of the third party may impact or be impacted by the use and reliability of Funlux Services. You hereby acknowledge that your use of any third-party products and services is governed by separate terms and conditions provided by the operator(s) of the applicable third party products and services. You acknowledge and agree that Funlux makes no representation or warranty about the operation, reliability, or safety of any third party products or services. Funlux has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party products and services. In addition, Funlux will not and cannot monitor, verify, censor or edit the content of any third party products and service. Funlux is not responsible for your use of any third-party products and services or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any third-party products or services. You should contact the third party with any questions about its products and services.
You acknowledge that Funlux uses third party service providers to enable some aspects of the Services – such as, for example, data storage, synchronization, and communication through cloud service providers, and mobile device notifications through mobile operating system vendors and mobile carriers.
You acknowledge and agree that the availability of the Funlux’s Mobile App is dependent on the third party products and services from which you download the mobile applications, e.g., the App Store from Apple or the Android app market from Google. You acknowledge that these Terms are between you and Funlux and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Funlux’s Mobile App from it. You agree to comply with, and your license to use the Funlux’s Mobile App is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
By using the Services, you expressly relieve and hold harmless Funlux from any and all liability arising from your use of any third-party products and services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Funlux shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants of the Services, or between users and any third party, you understand and agree that Funlux is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Funlux, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
Funlux hereby disclaims and you hereby discharge, waive and release Funlux and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time. At any time, Funlux may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Funlux in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
Disputes Resolution and Arbitration Agreement
If a dispute arises between you and Funlux, our goal is to learn about and address your concerns. You agree that you will notify Funlux about any dispute you have with Funlux regarding these Terms and Conditions.
For any questions or claims, please contact Funlux.
Funlux may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
Further, you agree that the arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products.
You must first present any claim or dispute to Funlux, by certified mail, a written Notice of your claim (“Notice”). The Notice to Funlux should be addressed to Funlux Legal Department, 1401 Interstate Dr., Suites B, Champaign, IL, 61822, USA. (“Notice Address”).
If Funlux elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by Funlux, must (a) provide name, mailing address and email address of the party, (b) describe the nature and basis of the claim or dispute, and (c) state the requesting relief. Following receipt of the Notice, we each agree to negotiate with each other in good faith about the claim provided in the Notice. If we do not resolve the claim within sixty (60) days after receipt of the Notice, you or we may commence arbitration.
The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this Agreement. The place of any arbitration will be Alameda County, California, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
Any arbitration shall be confidential, and neither you nor Funlux nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
All administrative fees and expenses of arbitration will be divided equally between you and Funlux. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
Funlux reserves the right to make changes to these Terms. We'll post notice of modifications to these Terms on this page. You should ensure that you have read and agree with our most recent Terms when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.
If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
You may not assign or transfer this Agreement, by operation of law or otherwise, without Funlux’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Funlux may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
All matters relating to Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). You agree to submit to the personal jurisdiction of the state and federal courts in or for Alameda County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.
Failure or delay by Funlux to enforce any these Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.