Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
AGREEMENT BETWEEN USER AND FUN LAND LLC.
AGREEMENT TO TERMS
These terms and conditions (called the “Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and FUN LAND LLC, (“we,” “us” or “our”), concerning your access to and use of the www.funlandus.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto or any guest Wi-Fi network in any of our stores around the world (collectively, the “Site”). Use of our guest Wi-Fi network is also governed by our Wi-Fi network terms and conditions described below. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental Terms of Use or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not targeted towards, nor intended for use by anyone under the age of 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITE. If you are between the ages of 13 and 18, you must have the permission of, and be directly supervised by, your parent or guardian to use the Site. If you are a minor in the jurisdiction where you reside, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
CANCELLATION/REFUND POLICY
All sales are final. Online tickets purchased cannot be refunded or exchanged for different dates or times.
WAIVER POLICY
Every person must sign a waiver before entering the FUN LAND LLC even if you are not playing. Please have all waivers signed before checking in at the Front Desk.
GROUPS POLICY
Groups with 10+ Jumpers should call ahead to purchase advance tickets (weekdays only). For group or birthday bookings that will take place within 48 hours, please call us. Group rates are only available Monday through Friday.
DELIVERY AND PRIVACY POLICY
An order confirmation with digital tickets will be emailed upon completion of your online order. The tickets must be presented at the park for redemption. In the event an order confirmation is not received within 24 hours, please contact the park by emailing us at funlandnm@gmail.com
Privacy is important to FUN LAND LLC. Making sure that you know how we collect, use, share, and secure information on this website is also important to us.
COVID-19 PROTOCOL
Please be aware, all parks are following state and local government guidelines regarding COVID-19. You may be required to wear a mask and practice social distancing while in the park. Please contact your park for more information.
SUPERVISION
Children under the age of 13 cannot be left alone without parent or guardian supervision.
ELIGIBILITY AND CONDITIONS
Each authorized Member must follow the Park’s rules, procedures, policies, instructions and have a photo with that Member’s participant and arbitration agreement, indemnification, general release and assumption (“Waiver”) signed waiver; which will be stored in the Park’s database. Member hereby expressly authorizes storage of his or her personal data on the Park’s database. A Member must have a proper photo and Waiver on file with the Park’s point of sale software. Photos on file for active Members must be periodically updated with current photos. At this time, Members must replace their photos every two (2) years. Further identification may be required. A Member must have his/her valid Waiver on file. Waivers must be updated at least once per calendar year. Monthly Memberships are not valid for private or special events including birthday parties, team parties, corporate events, groups, or other special events or promotions that require a separate admission, such as Glow, Lock-ins and weekend or special toddler times unless otherwise specified. Monthly Memberships are nonrefundable, nontransferable and remain the property of the Park. Restrictions apply including, but not limited to, capacity constraints and other closures. Monthly Memberships do not guarantee admission, especially during high attendance periods. Additionally, Monthly Memberships may not be used for commercial purposes and are void if altered or misused. A Member assumes the inherent risks associated with the operation or use of all trampolines and attractions and should read and obey all safety signage, instructions and rules. Parks, services, entertainment and attractions may change operating hours, close temporarily, or may otherwise change or be discontinued without notice and without liability. The Park is not responsible for lost or stolen property. Members must abide by any rules and regulations applicable to the Park or to the use of the Monthly Memberships as promulgated by the Park from time to time. Monthly Memberships are only valid at the location of purchase.
TERMINATION
FUN LAND LLC reserves the right to cancel, suspend or revoke any Monthly Membership or deny park admission to any Member at any time for any reason. Cancellation, suspension or revocation of park privileges or of a Monthly Membership due to misuse and/or failure to adhere to park rules will result in the cancellation, suspension or revocation of park privileges and the Monthly Membership. In such case, your Monthly Membership subscription will be terminated or suspended immediately without refund.
PRIVACY
FUN LAND LLC privacy policy, which describes the Park’s information gathering and privacy practices, applies to the Monthly Membership Agreement and is incorporated in the Monthly Membership rules by this reference. By enrolling in the Monthly Membership, you agree to the terms of the Park’s privacy policy and the use of your personal information as set forth therein.
GENERAL
FUN LAND LLC reserves the right in its sole discretion to modify or update the Monthly Membership rules and/or change, alter, or discontinue the Monthly Membership (including its structure), the lists of participating parks, or any reward or special status programs at any time without any liability or notice to Members beyond updating these Monthly Membership rules. The result of such modification, update, change, alteration or discontinuation may include the decrease in redemption value or cancellation of credit not yet redeemed. All questions or disputes regarding an individual’s Monthly Membership eligibility, or a Member’s compliance with the Monthly Membership rules will be resolved by the Park in its sole discretion. Any Monthly Membership awarded to an individual, as well as any prize or gift provided to a Member, may be taxable, depending on the value of the item and the applicable federal, state, and local tax laws. Members and recipients of any price or gift are solely responsible for payment of any applicable taxes and any applicable tax reporting obligations. By signing the Monthly Membership you agree to release the Park, its parent(s), affiliates, divisions, related companies, third-party prize/reward providers and suppliers, and agents, and its and their respective officers, directors, owners, and employees, (each a “Releasee”) from any and all losses, harm, damages, cost, or expense, including without limitation property damages, personal injury, and/or death, arising from or connected to the Monthly Membership, including, without limitation, (i) the collection, redemption, revocation, or deletion of credits, (ii) the issuance of reward vouchers and use of the Monthly Membership, (iii) the suspension, termination, or modification of your Monthly Membership or account, (iv) entering the Park and/or use of the Park and its attractions, and (v) the suspension, modification, or termination of the Monthly Membership or any reward or special status programs therein. The Monthly Membership and its prizes, merchandise, sweepstakes and sweepstakes entries, products or services provided through the Monthly Membership are provided and must be accepted on an “as is” and “as available” basis without warranties of any kind. The Park, and its partners or administrators, and each of the foregoing’s respective agents or representatives make no representations or warranties, express or implied, and disclaim any and all liability as to the condition, quality, merchantability, or fitness for a particular purpose of products and/or services provided by or through the Monthly Membership including, without limitation, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement, title, or quiet enjoyment. Under no circumstances shall any of the Releasees be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the Monthly Membership or Members’ participation therein, including, without limitation, any Monthly Membership program prizes, merchandise, or services made available as part of the Monthly Membership. In any event, any liability of the Park arising in connection with the provision of Monthly Membership program or prizes will be limited to the approximate retail value of the applicable reward or prize. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or other legal theory, even if the Releasee has been advised of the possibility of such damages. In the event some jurisdictions do not allow the exclusion or limitation of certain damages, Releasees’ liability in such jurisdictions shall be limited to the extent permitted by law. By participating in the Monthly Membership, you waive any and all rights to bring any claim or action related to your participation in the Monthly Membership in any forum beyond one year after the first occurrence of the act, event, condition, or omission upon which the claim or action is based. You agree to defend, indemnify, and hold harmless the Releasees’ from all liabilities, claims, damages, costs, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of the Monthly Membership or the Park’s rules. Furthermore, you agree to reimburse the Park for any Monthly Membership program or prizes that were fraudulently obtained by you. The Monthly Membership rules are governed by the laws of the state of Delaware without regard to the conflicts of laws rules of any jurisdiction. Any dispute, claim or cause of action arising out of or concerning the interpretation or effect of the Member rules and/or your participation in the Monthly Membership except where prohibited, shall be resolved individually, without resort to any form of class action. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts. If any provision of the Monthly Membership rules is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render the Monthly Membership rules unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. Any waiver by the Park of a breach of any provision of the Monthly Membership rules shall not operate as, or be construed to be, a waiver of any other breach of such provision or of any breach of any other provision of the Monthly Membership rules. Failure by the Park to insist upon strict adherence to any provision of the Monthly Membership rules on one or more occasions shall not be considered a waiver or deprive the Park of the right to insist upon strict adherence to that provision or any other provision of the Monthly Membership rules.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, 2 functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We do not claim any ownership or other rights to any websites or the content therein (unless it is related to us) you may visit when using our guest Wi-Fi.
Provided that you are eligible to use the Site, as long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms & Conditions; (4) you are not under the age of 13; (5) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental or guardian permission to use the Site; (6) you will not access the Site through automated or nonhuman means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without 5 limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third- 9 Party Content or any contact with Third-Party Websites.
GUEST WI-FI USAGE AGREEMENT
By clicking on "submit" on the guest Wi-Fi system (“Wi-Fi System”) sign-up page, you represent that:
1. You have read, understand and agree to the terms of this guest Wi-Fi usage agreement (“Wi-Fi Agreement”), and
2. You are at least 18 years of age.
If you do not agree to the terms of this Wi-Fi Agreement, you may not use our Wi-Fi System. Your electronic acceptance of the Wi-Fi Agreement by clicking on "Submit" on the sign-up page has the same effect as if you had actually signed the Wi-Fi Agreement. The effective date of this Wi-Fi Agreement is the date that you click on "Submit".
Description of Wi-Fi System/Service Availability
We provide access to the Wi-Fi System at locations ("Enabled Locations") that have been equipped with wireless access points. Access points or Enabled Locations may not be available in all areas of our locations and may not always be operational for any reason. We may require you re-access or re-login to our Wi-Fi System after a period of inactive use even if you are still in our location, if you leave our location for any period of time or for any other reason we may require.
Fee for Wi-Fi System
The Wi-Fi System is provided "free of charge" as a value-added service to our guests and business partners. Usage may be subject to participation in a short online survey. We reserve the right to charge for access to the Wi-Fi System at any time in the future.
Access to Internet
We may screen and/or restrict access to content, goods or services which we may consider improper, inaccurate, misleading, defamatory, obscene or otherwise offensive content placed on and/or accessible through the Internet. If we do screen or restrict access, we do not, however, 10 make any guarantees in the quality or accuracy of screening or restricting of content. By accessing these services, you acknowledge that if you access the Internet you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that we are not liable for any action or inaction with respect to any such content on the Internet accessible through the Wi-Fi System.
Your Responsibilities
You must (1) provide all equipment (including, but not limited to, computer hardware and software, smartphones, personal digital assistants, wireless network cards) to connect to the Wi-Fi System, (2) comply with local, state, federal and international laws and regulations, including, but not limited to, copyright and intellectual property rights laws. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the Wi-Fi System and (2) all communications that you send or receive via the Wi-Fi System. We do not undertake the security of any data you send through the Wi-Fi System and it is your responsibility to secure such data.
Acceptable Use Policy
All users of the Wi-Fi System must comply with this Acceptable Use Policy (“AUP”). This AUP is intended to prevent unacceptable uses of the internet. We do not actively monitor the use of the Wi-Fi System under normal circumstances. Similarly, we do not exercise editorial control or review the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Wi-Fi System. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject us to liability or may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of your access to the Wi-Fi System.
The following constitute examples of violations of this AUP.
You agree to use the Wi-Fi System to:
(1) Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
(2) Harm, or attempt to harm, minors in any way;
(3) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers to disguise the origin of any material transmitted through the Wi-Fi System;
(4) Transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed 11 as part of employment relationships or under non-disclosure agreements);
(5) Transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(6) Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
(7) Transmit any material (by uploading, posting, email or otherwise) that contains software viruses, 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;
(8) Interfere with or disrupt the Wi-Fi System or servers or networks connected to the WiFi System, or disobey any requirements, procedures, policies or regulations of networks connected to the Wi-Fi System;
(9) Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
(10) "Stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
(11) Resell the Wi-Fi System without our written authorization; and
(12) Use the Wi-Fi System for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
You understand and agree that we may disclose your communications and activities using the Wi-Fi System in response to lawful requests by governmental authorities, including Patriot Act requests, and judicial orders.
When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all the above data. Other situations will require different methods of providing the necessary information.
Termination
You agree that we may terminate this Wi-Fi Agreement and cancel your access to the Wi-Fi System at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this W-Fi Agreement, security or safety reasons, and/or using the Wi-Fi System to perform any illegal activity. You further agree that in the event of termination for any reason, we will have no liability to you.
No Warranty
THE WI-FI SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO EXPRESS WARRANTIES AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH US OR THE INTERNET GENERALLY. YOU EXPRESSLY ACKNOWLEDGES THAT THERE ARE, AND ASSUMES ALL RESPONSIBILITY RELATED TO, THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND WE DO NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY US OR OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability
WE AND OUR EMPLOYEES, AGENTS, VENDORS, AND LICENSORS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WI-FI SYSTEM OR THE INTERNET, SPECIFICALLY INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
PRIVACY POLICY
Our privacy policy can be viewed at www.funlandus.com/privacy
We care about data privacy and security. Please review our Privacy Policy by clicking on the following link: www.funlandus.com/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site or Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE 16 SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, 17 AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding Terms of use of the Site, please contact us at:
FUN LAND LLC
Email:Funlandnm@gmail.com
Call:323-955-5888
Address: 13110 Central Ave SE
#1120, Albuquerque, NM. 87123.