Please read the information below.
License and User Conduct
Functional Devices grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of Functional Devices. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Functional Devices. Any unauthorized use of the Site shall automatically terminate the license granted to you by Functional Devices for such use. You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. You agree that Functional Devices may terminate your use of the Site in Functional Devices's sole discretion for any reason. If you are under eighteen (18) years of age, you may use the Site only with involvement of your parent or guardian. Functional Devices reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion. You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of Functional Devices. Functional Devices has no obligation to monitor the Site; however, you acknowledge and agree that Functional Devices has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or others. You shall be solely responsible for your actions and the contents of your transmissions to the Site. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
Copyrights and Trademarks
Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of Functional Devices, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of this Site are the property of Functional Devices. The posting of information, documentation, and other content does not constitute a waiver of any of Functional Devices's, an affiliate's, and/or a third party licensor's proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You agree not to delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of Functional Devices. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Functional Devices and its affiliates reserve the right to revoke this authorization at any time.
Except for those products, services, and names that are trademarks of Functional Devices and its affiliates, all other products, services, and Functional Devices names mentioned herein are the trademarks of their respective owners.
This Site may contain links to other external sites. The links are provided "as is." You should be aware that you use them at your own risk. Functional Devices does not endorse, and Functional Devices is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. Functional Devices is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that Functional Devices shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. Functional Devices shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FUNCTIONAL DEVICES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND FUNCTIONAL DEVICES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
FUNCTIONAL DEVICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE SITE UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER FUNCTIONAL DEVICES, NOR ANY OF FUNCTIONAL DEVICES'S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, "FUNCTIONAL DEVICES ASSOCIATES") SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF FUNCTIONAL DEVICES OR A FUNCTIONAL DEVICES ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH FUNCTIONAL DEVICES IS TO STOP USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED AS MUCH AS POSSIBLE AS PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT FUNCTIONAL DEVICES'S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FUNCTIONAL DEVICES IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY FUNCTIONAL DEVICES FROM ITS OFFICES WITHIN THE UNITED STATES. FUNCTIONAL DEVICES MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND FUNCTIONAL DEVICES ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FUNCTIONAL DEVICES AND THE FUNCTIONAL DEVICES ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS' FEES, ARISING IN CONNECTION WITH USE OF THE SITE BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN FUNCTIONAL DEVICES AND YOU.
Where required, Functional Devices may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Functional Devices by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with Functional Devices, please e-mail or write to:
Functional Devices, Inc.
P.O. Box 437
Sharpsville, IN 46068
Functional Devices welcomes your questions and comments.
The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Indiana for any action arising out of these Terms. Functional Devices may revise these Terms from time to time. You are bound by such revisions and for this reason should periodically review the current Terms to which you are bound. The Site is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity.
Functional Devices shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules as posted on the Site, represent the entire understanding between you and Functional Devices regarding your relationship with Functional Devices and your use of the Site. These Terms supersede all previous written or oral agreements between you and Functional Devices with respect to such subject matter. Notwithstanding any provision of these Terms, Functional Devices has available all remedies at law or equity to enforce these Terms.
Effective Date: June 25, 2010
What information does Functional Devices collect?
In order to take part in promotional activities for Functional Devices's products and services, obtain information from Functional Devices, or have questions answered by Functional Devices, Functional Devices may request and/or collect personal information that may include, without limitation, your first and last name, home address, shipping address, phone number, email address, credit or debit card number, and feedback on Functional Devices's products ("Personal Information").
By entering Personal Information on the Site and opting-in to our use of Personal Information, you consent to our use of the Personal Information for purposes related to the Site and the products offered and/or provided on or in connection with the Site. Without limiting the foregoing, by giving us Personal Information and opting-in you are giving us, as well as third parties engaged by us, permission to contact you and/or send you promotional and/or other marketing information about products and offerings. In the event you opt-in to receive such promotional and/or marketing information, you may opt-out of receiving such materials by following the opt-out instructions contained in the materials or by emailing Functional Devices at email@example.com.
Functional Devices does not knowingly collect any Personal Information from or about a child under the age of 13 without the consent of the child's parent or legal guardian. If we discover that we have inadvertently collected information from a child under 13 years of age, we will promptly take all reasonable measures to delete that data from our systems.
Functional Devices may disclose your Personal Information to its affiliates, as well as third party partners that provide services on behalf of Functional Devices or otherwise have a relationship with Functional Devices. Functional Devices may also disclose your Personal Information if required or permitted to do so by law, or in the good-faith belief that such action is necessary to protect and defend the rights or property of Functional Devices or the users of the Site, or to act under urgent circumstances to protect the safety of Functional Devices or its employees or a member of the public. Functional Devices may disclose and/or transfer your Personal Information to a buyer or transferee of all or a portion of its assets in conjunction with the sale or transfer of such assets.
Functional Devices does not participate in bulk email solicitations that you have not consented to receiving (i.e., "spam"). Functional Devices does not sell or disclose client lists or email address lists as obtained from the Site to unaffiliated third parties. Except as otherwise provided herein, Functional Devices does not share Personal Information with any third parties. However, Functional Devices may share aggregated information with third parties for Functional Devices's use internally, but this aggregated information cannot be matched with you personally as an individual unless you voluntarily share your Personal Information.
How do we protect your information?
Functional Devices uses industry-standard security measures to protect certain Personal Information. Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while Functional Devices attempts to protect all Personal Information, Functional Devices cannot ensure or warrant that any Personal Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network.
Third party links
The Site may contain windows or hyperlinks which provide access to other websites not affiliated with Functional Devices. Your use of an external website or any informational content found on an external websites is subject to and governed by the terms and guidelines of said external website. Functional Devices does not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on an external website, even if one or more pages of the external website are framed within a page of this Site. Functional Devices is not responsible for the privacy practices of any external website. For your protection, please refer to the terms of service and privacy policies of the respective external websites.
This policy was last modified on June 25, 2010.
If you ever wish to access your Personal Information, or to have your Personal Information deleted, updated, changed or modified, you may do so by contacting Functional Devices by email at firstname.lastname@example.org.
Functional Devices, Inc.
P.O. Box 437
Sharpsville, IN 46068