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Terms of Use
This document constitutes the FURIOUS INTERATED TRAINING SYSTEMS ("FURIOUS") End User License Agreement ("FURIOUS EULA"). PLEASE READ CAREFULLY: UNLESS YOU HAVE ANOTHER VALID AGREEMENT (A "FURIOUS AGREEMENT") WITH FURIOUS WHICH TERMS APPLY TO FURIOUS TECHNOLOGIES, FUNCTIONS, FEATURES, CONTENT, ISOBLOGS OR SERVICES (COLLECTIVELY, "FURIOUS PRODUCT"), OR UNLESS OTHER FURIOUS TERMS OR ADDITIONAL FURIOUS RULES, AUTHORIZATIONS OR POLICIES ARE SPECIFIED BY FURIOUS, THE FOLLOWING TERMS SHALL APPLY.
THESE TERMS GOVERN USE OF ANY FURIOUS PRODUCT (E.G. FURIOUSITS.COM, ISODEPOT.COM, ISOVARIANT.COM, HEXAGONLOGIC.COM, ISODOIT.COM) AND THE TECHNOLOGIES, PRODUCTS, CONTENT AND SERVICES OF FURIOUS CLIENTS, USERS, THIRD PARTY LINKS, PROVIDERS, AFFILIATES, MERCHANTS AND SUPPLIERS (COLLECTIVELY, THE "FURIOUS COMMUNITY") THAT MAY BE MADE AVAILABLE THROUGH FURIOUS PRODUCTS. FURIOUS PRODUCT AND THE FURIOUS COMMUNITY ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS "FURIOUS WEBSITES." IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE FURIOUS WEBSITES. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
Purchase Agreement
ALL PURCHASES ARE FINAL. ISOBLOGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ISOBLOGS THAT VIOLATE THESE TERMS OF AGREEMENT MAY BE DELETED FROM FURIOUS WEBSITES. THERE ARE NO REFUNDS. USE AT YOUR OWN RISK. For purchases, Furious uses Braintree, a division of PayPal, Inc., ("Braintree") for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.
License and Use
This FURIOUS EULA confers no title or ownership and is not a sale of any rights of Furious Websites. Furious Websites is an intended beneficiary under these terms and independently may protect its rights in the event of any infringement. All rights not expressly granted are reserved solely to FURIOUS.
In some instances, individuals and entities may create FURIOUS Community subsets (e.g. Domains, Sub-Domains, Networks, Groups, Teams, Social Networks). These subsets are referred to as "Your Community." In the case that you are an Administrator of Your Community, you are accepting these terms on behalf of Your Community.
Your Community may not exceed the number of licenses, agents, tiers, nodes, seats, or other use restrictions or authorizations established by a FURIOUS AGREEMENT and paid for by Your Community if billing is applicable.
Some FURIOUS Websites may require a License Management Program (e.g. license keys or technical protection measures such as trusted platforms and trusted platform modules). Your Community acknowledges that FURIOUS may monitor compliance with use restrictions and authorizations. If FURIOUS makes a License Management Program available to Your Community which records and reports license usage information, Your Community agrees to appropriately install said program and agrees to configure and execute such License Management Program beginning no later than one hundred eighty (180) days from the date it is made available to Your Community and continuing for the period that FURIOUS Websites is used.
If you make copies of any part of FURIOUS Websites, you must retain on all such copies any and all copyright and other proprietary notices contained in the original materials. As between you and FURIOUS: FURIOUS owns the FURIOUS Websites. FURIOUS Websites is protected under United States and international copyright laws. Any unauthorized use of FURIOUS Websites may violate copyright, trademark, and other laws.
FURIOUS Websites fees are based on Software as a Service (SaaS) theories and Internet application pricing models. Unless otherwise specified in an additional FURIOUS Agreement, fees are posted on FURIOUS Websites and agreed to by you at the time of transaction, or by Your Community, if applicable. Unless specified in an additional FURIOUS Agreement, FURIOUS may change its fees upon sixty (60) day's notice on FURIOUS Websites.
There is no implied license.
Content
"CONTENT" IS ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ISOBLOGS, TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT FURIOUS WEBSITES MAY MAKE AVAILABLE."
You represent that any Content and your use of any Content is not illegal and does not violate any law or regulation, including without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination, false claims or false advertising.
You agree to only post, upload or provide content that you have all rights to transmit and license and which does not violate trademark, copyright, privacy or any other rights of any other person.
By posting, uploading or providing Content on FURIOUS Websites, you grant FURIOUS a royalty-free, perpetual, irrevocable, world wide, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Content in any media or medium, or any form, format, or forum now known or hereafter developed, unless otherwise specifically stated in a FURIOUS Agreement.
You understand that in order to make your Content available to the FURIOUS Community or Your Community, as applicable, FURIOUS may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits FURIOUS to take any such actions.
Content may be published on FURIOUS Websites with an associated claim, including claims that may be regulated (e.g. FDA regulated claims). You represent AND WARRANT, that any claims that you make using FURIOUS Websites, are regulatory compliant, if applicable. CONTENT provided on FURIOUS WEBSITES is not a substitute for the advice of your personal physician or other qualified health care professional. Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on ANY FURIOUS Website.
Warranty
FURIOUS does not warrant that the content or operation of FURIOUS Websites will be uninterrupted or error free, or that FURIOUS Websites will operate in hardware and software combinations known or not known, past, current or future, by FURIOUS in the product specifications (if applicable) or that FURIOUS Websites will meet requirements specified by the FURIOUS Community.
EXCEPT FOR CLAIMS BY A PARTY FOR INFRINGEMENT OF ITS INTELLECTUAL PROPERTY RIGHTS AGAINST THE OTHER PARTY, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL COSTS OR DAMAGES OF ANY KIND OR FOR ANY DOWNTIME COSTS; LOST BUSINESS, REVENUES, OR PROFITS; FAILURE TO REALIZE EXPECTED SAVINGS; LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA; OR SOFTWARE RESTORATION WHETHER OR NOT THAT PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH COSTS, EXPENSES, OR DAMAGES. TO THE FULL EXTENT ALLOWED BY LOCAL LAW, THESE LIMITATIONS WILL APPLY REGARDLESS OF THE BASIS OF LIABILITY, INCLUDING NEGLIGENCE, MISREPRESENTATION, BREACH OF ANY KIND, OR ANY OTHER CLAIMS IN CONTRACT, TORT OR OTHERWISE.
YOU ACKNOWLEDGE THAT THE FURIOUS WEBSITES MAY CONTAIN BUGS AND ERRORS AND MAY CHANGE WITHOUT NOTICE. FURIOUS WEBSITES IS PROVIDED TO YOU "AS IS" AND "AS CHANGES" AND ANY USE OF FURIOUS WEBSITES IS AT YOUR OWN RISK.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF FURIOUS WEBSITES, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FURIOUS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON FURIOUS WEBSITES DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY FURIOUS UNLESS SPECIFICALLY STATED OTHERWISE.
TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAW, FURIOUS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAW, FURIOUS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU, YOUR CUSTOMERS OR THIRD PARTIES CAUSED BY FAILURE OF FURIOUS WEBSITES TO FUNCTION. IN NO EVENT WILL FURIOUS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, COST OF SUBSTITUTE GOODS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE USE OF FURIOUS WEBSITES OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT, EVEN IF FURIOUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF FURIOUS ARISING FROM OR RELATING TO THIS AGREEMENT AND FURIOUS WEBSITES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD OR OTHER LEGAL THEORY) IS LIMITED TO THE AMOUNTS PAID BY YOU TO FURIOUS DURING THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Refusal Rights
FURIOUS, in its sole discretion, reserves the right to refuse any FURIOUS Community, Community Member, User or Content that it determines breaches any of the representations and warranties and covenants set forth above, and you agree to indemnify and hold FURIOUS and its subsidiaries, affiliates, agents, officers, employees, suppliers, service providers and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of these terms excepts as provided above.
Terms of Use
© 2016 Furious Integrated Training Systems, Inc. All rights reserved.