Welcome to Funderstanding.com.
On this page you will find the terms, rules and conditions that form the legal restrictions for the use of Funderstanding.com.
Funderstanding.com is a service provided by Funderstanding LLC and our affiliates.
General Terms and Definitions
Funderstanding LLC provides Funderstanding.com as a service subject to the terms, rules and conditions in this document. Using Funderstanding.com means that you agree to the terms, rules and conditions of use as documented on this page. You further agree that all limitations of liability apply to both the service, Funderstanding.com, and the service provider, Funderstanding LLC, and that enforcement of these terms is the prerogative of either and/or both Funderstanding.com and Funderstanding LLC.
In this document Funderstanding.com is indicated by the following terms: “Funderstanding.com”, “we”, “us”, and “our”. Any person, group, corporation, or organization that uses Funderstanding.com will be indicated by “you”, “your” and “yourself”. The use of the word “content” includes but is not limited to the following: text, images, graphics, artwork, animations, video, logos, icons, buttons, sounds, music, audio clips, tools, interactive programs, software, and code. This definition of content will be in effect whether or not all of the terms given above are used in conjunction with it in the same sentence.
Before using Funderstanding.com, you should read these terms, rules and conditions carefully and make sure that you agree with them. Funderstanding.com may amend, modify or change these terms, rules and conditions at any time. Using Funderstanding.com means that you agree to follow the terms, rules and conditions as they are written on this page at the time of your use.
You are using Funderstanding.com when you display or communicate by any means, either to yourself or to others, any of the content — such as: text, images, graphics, artwork, animations, video, logos, icons, buttons, sounds, music, audio clips, tools, interactive programs, software, and code — provided by Funderstanding.com. You are using Funderstanding.com when you use any service provided by Funderstanding.com, such as: participating in a BBS or forum, using tools to create activities or products. You are using Funderstanding.com by downloading as a file any of the content — such as, text, images, graphics, artwork, animations, video, logos, icons, buttons, sounds, music, audio clips, tools, interactive programs, software, and code — provided by Funderstanding.com.
If you do not follow the terms, rules and conditions as written on this page or when they are posted at various points on Funderstanding.com, you may be denied access to Funderstanding.com, without notice. In addition Funderstanding.com will have the right to take any further legal actions to prevent your use of Funderstanding.com or of any content provided by Funderstanding.com.
Restrictions on the Use of Materials and Notice of Copyright
All content provided by Funderstanding.com — such as: text, images, graphics, artwork, animations, video, logos, icons, buttons, sounds, music, audio clips, tools, interactive programs, software, and code –is the property of Funderstanding.com and/or our affiliates, and/or our content suppliers, and/or our software suppliers and is protected, without limitation, by U.S. and international copyright laws, trademark and other intellectual property laws. Funderstanding.com, its graphical presentation, logos, icons, and buttons; and the collection, arrangement, and assembly of all the content on Funderstanding.com is the exclusive property of Funderstanding, LLC, . and is protected, without limitation, by U.S. and international copyright laws, trademark, and other intellectual property laws. All software used to produce Funderstanding.com is the property of Funderstanding, LLC, . and our software suppliers and is protected, without limitation, by U.S. and international copyright laws, trademark, and other intellectual property laws. The architecture and database structure of Funderstanding.com is the property of Funderstanding, LLC, . and is protected, without limitation, by U.S. and international copyright laws, trademark, and other intellectual property laws.
You may not copy, reproduce, republish, upload, post, display in a website frame, transmit, or distribute in any way the content, software, code, material, and intellectual property owned by and/or protected with copyright by Funderstanding.com, our affiliates, our content suppliers, and our software suppliers as described above. The use of any content, interactive programs, software, code, and material, on any other website or networked computer environment is a violation of copyright, intellectual property rights, and other proprietary rights owned by Funderstanding, LLC, ., our, affiliates, our content providers, and our software providers and is expressly prohibited.
You may download one copy of content –except an interactive program, software, or code — provided by Funderstanding.com, to a single computer, if that content is for your personal non-commercial use, as long as you keep intact all the graphic presentation including but not limited to advertising elements, copyright, trademark, and other proprietary notices. Interactive programs may be downloaded only If there is a notice of “permission to download” provided by Funderstanding.com on the same page on which an interactive program appears. Permission to download interactive programs includes the restrictions that the program is downloaded to a single computer and is for your personal non-commercial use, and that you must you keep intact all the graphic presentation including but not limited to advertising elements, copyright, trademark, and other proprietary notices. Modification of the content and software for any other purpose is a violation of the copyright and intellectual property rights of Funderstanding.com, our affiliates, our content suppliers and our software providers. Any and all content or software downloaded from Funderstanding.com is by license only and Funderstanding.com, and/or our affiliates, and/or our content providers, and/or our software suppliers retain full and complete rights, title, intellectual property rights and interest in the content and software.
Use of Materials Supplied by You.
For the purposes of this document we will define any act in which you post a message, upload a file, input data, or otherwise place content — text, images, graphics, artwork, animations, video, logos, icons, buttons, sounds, music, audio clips, tools, interactive programs, software, and code –or materials on Funderstanding.com and/or with Funderstanding.com, whether the means to do so are provided by Funderstanding.com, by yourself, or by a third party, as a “Communication”.
Any Communication placed on Funderstanding.com is not private. Funderstanding.com has the right to monitor any and all Communication(s) that you place in any area of Funderstanding.com, to assure that the terms, rules and conditions for the use of Funderstanding.com are being kept in good faith. Notwithstanding the above, Funderstanding.com is neither obligated nor makes any claims that it will monitor Communications that are placed on Funderstanding.com.
By placing any public Communication on Funderstanding.com you grant to Funderstanding.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, copy, edit, modify, adapt, translate, move, sublicense, transmit, distribute, publicly perform or display the Communication in any medium now in existence or developed in the future. These rights include commercial use.
By placing any public Communication on Funderstanding.com you grant to Funderstanding.com the right to sublicense to third parties the unrestricted right to exercise the same rights granted to Funderstanding.com described in the above paragraph.
By placing any public Communication on Funderstanding.com you grant the rights described in the two paragraphs above to Funderstanding.com, and to any third party sublicensed by Funderstanding.com, to exploit any proprietary rights in the Communication, including but not limited to rights under copyright, trademark, or patent laws under any relevant jurisdiction.
Use of Funderstanding.com by You
Your right to use Funderstanding.com is personal to you. You may not authorize others to use the service. You are responsible for all use of Funderstanding.com.
You agree not to use Funderstanding.com as a means of providing personal information to strangers or to groups of strangers that will enable them to contact you in person or by any other means than by the methods provided within the setting of Funderstanding.com.
You agree to all terms, rules and conditions regarding the placement of Communications on Funderstanding.com no matter whether the means to place the communication is provided by Funderstanding.com, by yourself, or by and third party and irregardless of whether the Communication is displayed using Funderstanding.com or in conjunction with software that is provided by yourself or a third party.
You agree not to use any vulgar, obscene, indecent, profane, pornographic or offensive language.
You agree that you will not place on Funderstanding.com any Communication, whether it is text, visual, or auditory, that is vulgar, obscene, indecent, profane, pornographic or offensive.
You agree that you will not place on Funderstanding.com any Communication, whether it is text, visual, or auditory, that is defamatory, libelous, threatening, abusive, harassing, hateful or that invades anyone’s privacy.
You agree that you will not place on Funderstanding.com any Communication that is constitutes junk mail or unauthorized advertising.
You agree that you will not pace on Funderstanding.com any Communication that encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation.
You agree that you will not place any Communication on Funderstanding.com, including but not limited to text, images, and sound, when the item that makes up the Communication is controlled by the copyright, trademark, trade secret, or any other personal or proprietary rights of any third party.
You agree and grant Funderstanding.com the right to monitor any and all Communication(s) that you place in any area of Funderstanding.com to assure that the terms, rules and conditions for the use of Funderstanding.com are being kept in good faith. You agree that notwithstanding the above, Funderstanding.com is neither obligated, nor makes any claims that it will monitor Communications that are placed on Funderstanding.com.
You agree and understand that Funderstanding.com is obligated to disclose at any time, any information as is necessary to satisfy any law, regulation or governmental request no matter where that information resides on Funderstanding.com.
You agree to use Funderstanding.com knowing that others are allowed to place Communications on Funderstanding.com and understanding that Funderstanding.com has no obligation to monitor these Communications.
You agree that Funderstanding.com has the right to edit, refuse to display, or to remove from storage or display any Communication, in whole or in part, that in Funderstanding.com’s sole discretion is objectionable; in violation of these terms, rules and conditions; or for any other reason.
You agree to use Funderstanding.com for your personal use only and to follow all the terms, rules and conditions found in this document.
You agree not to disrupt, interfere with, or inhibit any other user from enjoying and using the services of Funderstanding.com.
You agree not to alter or tamper with any content — text, images, graphics, artwork, animations, video, logos, icons, buttons, sounds, music, audio clips, tools, interactive programs, software, and code–or materials on Funderstanding.com or associated with Funderstanding.com.
You agree not to place on Funderstanding.com any virus, worm, Trojan horse, cancelbot or any other harmful component.
You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit Funderstanding.com or any part of Funderstanding.com for any commercial purpose without permission from Funderstanding.com in the form of a written contract.
You agree to indemnify Funderstanding.com, our affiliates, our content providers, our software providers, our employees, our agents and our representatives, and to hold them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from any Communication placed on or with Funderstanding.com; from your unauthorized use of content obtained from Funderstanding.com; or from your breach of this Agreement, or from any actions you commit through your use of Funderstanding.com.
To indemnify means to protect against, keep free from and insure against any loss or damage; and to pay back in compensation for any loss that is suffered.
You acknowledge that you are using Funderstanding.com at you own risk.
Funderstanding.com has provided links and pointers on Funderstanding.com to Internet sites maintained by third parties (“Third Party Sites”) and may from time to time provide Third Party materials on Funderstanding.com. Neither Funderstanding.com nor our affiliates operate or control in any respect any of the information, products or services on these Third Party Sites.
This site and the Third Party Sites with which Funderstanding.com is linked are provided “AS IS” and without warranties of any kind, either express or implied.
To the fullest extent permissible pursuant to applicable law, Funderstanding.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, reliability, title, merchantability, non-infringement and fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained within Funderstanding.com or provided through the services of Funderstanding.com.
Funderstanding.com does not warrant that the functions contained on Funderstanding.com and in its content, products, interactive programs, software, code and services will be uninterrupted or error-free; or that the defects will be corrected, or that Funderstanding.com, including its Bulletin Boards, or the Server that makes Funderstanding.com available are free of Viruses, Worms, Trojan Horses, Cancelbots or other harmful components.
Funderstanding.com does not warrant or make any representations regarding the use or the results of the use of the content, interactive programs, software, tools, and services on Funderstanding.com or in Third Party Sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You (and not Funderstanding.com) assume the entire cost of all necessary servicing, repair or correction.
Note: Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Funderstanding.com, OUR AFFLIATES, OUR CONTENT PROVIDERS, OUR SOFTWARE PROVIDERS, OR OUR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, SOFTWARE, TOOLS, AND SERVICES PROVIDED BY Funderstanding.com, EVEN IF Funderstanding.com OR A Funderstanding.com-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Funderstanding.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF Funderstanding.com. IF YOU ARE DISSATISFIED WITH ANY Funderstanding.com CONTENT OR WITH ANY CONTENT OR SERVICE MADE AVAILABLE THROUGH Funderstanding.com, OR WITH ANY OF THE TERMS, RULES AND CONDITIONS THAT ARE A PART OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WITHOUT IN ANY WAY LIMITING WHAT HAS BEEN WRITTEN ABOVE, IN NO EVENT SHALL Funderstanding.com’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED $1.
Funderstanding.com’s Policy Regarding Links to Other Websites
Funderstanding.com provides links to other websites. Without in any way limiting the General Disclaimer set forth above, the World Wide Web changes constantly and, as a result, Funderstanding.com cannot and does not guarantee that the links associated with the sites will be accurate at the time of your search. Moreover, the sites Funderstanding.com links to are developed by persons over whom Funderstanding.com exercises no control. Accordingly, Funderstanding.com assumes no responsibility for the content of any site for which a link is provided on Funderstanding.com.
Funderstanding.com may occasionally receive requests from representatives of sites for which a link is given on Funderstanding.com to remove the links to their sites. Although Funderstanding.com reserves the right to address such requests individually, the general approach that Funderstanding.com takes reflects the following principle: In general, Funderstanding.com believes that persons who make information available on the World Wide Web do so with the expectation that such information will be publicly and widely available. Funderstanding.com further believes that our making links and/or access to publicly accessible Web-pages available on Funderstanding.com is legally permissible and consistent with the common, customary expectations of those who make use of the Web communications media.
Funderstanding.com operates in the State of New Jersey at the following location:
651 W. Mt Pleasant Avenue
Livingston, NJ 07039
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New Jersey applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in New Jersey. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
This Agreement is effective until terminated by either Funderstanding.com or by you.
You may terminate this Agreement at any time by destroying all content — such as: text, images, graphics, artwork, animations, video, logos, icons, buttons, sounds, music, audio clips, tools, interactive programs, software, and code — obtained through the use of Funderstanding.com and all related documentation and all copies and installments of the content whether made under the terms of this Agreement or otherwise.
Funderstanding.com has the right to terminate your ability to access to Funderstanding.com, for any reason, without notice. This Agreement will terminate immediately without notice from Funderstanding.com, if in the sole discretion of Funderstanding.com you fail to comply with any of the terms, rules or conditions of this Agreement; if you repeatedly infringe any third party’s rights; or if you engage in conduct that is illegal, or that interferes with the technological operation of Funderstanding.com. Upon termination by Funderstanding.com, you will be denied access to Funderstanding.com, both content and services. Upon termination you must destroy all content obtained from Funderstanding.com and all copies and installations of the content whether made under the terms of this Agreement or otherwise. If you do not destroy all content obtained from Funderstanding.com and all copies and installations of the content, then all the disclaimers, limitations of liabilities, terms, rules and conditions of this agreement shall survive.
Funderstanding.com is a registered trademark of Funderstanding, LLC, in the United States and other Countries.
Funderstanding LLC and Funderstanding.com hereby claim that all graphics, logos, and service names used on Funderstanding.com and/or in any course of business, are trademarks of Funderstanding, LLC, . Funderstanding.com’s trademarks may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Funderstanding, LLC, or Funderstanding.com.
Funderstanding.com respects the intellectual property of others. If you believe that your work has been copied and is accessible on Funderstanding.com in a way that constitutes copyright infringement, or that Funderstanding.com has links that point directly to other sites which infringe upon your copyright rights, please contact the Funderstanding.com copyright agent:
651 W. Mt. Pleasant Ave.
Livingston, NJ 07039
All notification of copyright infringement must be in writing and include the following:
- A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of each alleged infringing copyrighted work or works;
- Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
- Information reasonably sufficient — such as: an address, telephone number(s), and an email address — to enable us to contact the party complaining of an alleged infringement.
- A statement that the complaining party has a good-faith belief that the use of the allegedly infringing content in the manner complained of, is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This agreement is the complete and entire agreement between Funderstanding.com and you. It supersedes any prior agreement, whether written, oral or electronic.
If you don’t agree with the terms, rules, and conditions set forth in this Agreement and if the content and service provided by Funderstanding, LLC, through Funderstanding.com are not satisfactory, please exit Funderstanding.com.
TM & Copyright (c) 2001-2011 Funderstanding.com LLC. All rights reserved.