Last Updated October 1, 2020
Welcome to funnelcloud.shop. Funnel Cloud LLC and/or its affiliates (“FunnelCloud”) provide website features and other products and services to you when you visit or shop at funnelcloud.shop, use FunnelCloud products or services, use FunnelCloud applications for mobile, or use software provided by FunnelCloud in connection with any of the foregoing (collectively, “FunnelCloud Services”). FunnelCloud provides the FunnelCloud Services subject to the following conditions.
By using FunnelCloud Services, you agree to these conditions. Please read them carefully.
We offer a wide range of FunnelCloud Services, and sometimes additional terms may apply. When you use additional FunnelCloud Services you may also be subject to the additional guidelines, terms and agreements applicable to that FunnelCloud Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of FunnelClouds, to understand our practices.
When you use FunnelCloud’s site, products, services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other FunnelCloud sites, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any FunnelCloud service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of FunnelCloud or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any FunnelCloud product or service is the exclusive property of FunnelCloud and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of FunnelCloud trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any FunnelCloud product or service are trademarks or trade dress of FunnelCloud in the U.S. and other countries. Funnel Cloud’s trademarks and trade dress may not be used in connection with any product or service that is not FunnelCloud’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FunnelCloud. All other trademarks not owned by FunnelCloud that appear in any FunnelCloud product or service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FunnelCloud.
One or more patents owned by FunnelCloud or licensed from our suppliers may apply to the FunnelCloud website and to the features and services accessible via the FunnelCloud products and services. FunnelCloud Click here to see a non-exhaustive list of applicable FunnelCloud patents and applicable licensed patents.[CA1]
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, FunnelCloud or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the FunnelCloud Services. This license does not include any resale or commercial use of any FunnelCloud Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any FunnelCloud Product, Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by FunnelCloud or its licensors, suppliers, publishers, rightsholders, or other content providers. No FunnelCloud Product or Service, nor any part of any FunnelCloud Product or Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any l purpose without the express written consent of FunnelCloud. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Funnel Cloud without express written consent. You may not use any meta tags or any other “hidden text” utilizing FunnelCloud’s name or trademarks without the express written consent of FunnelCloud. You may not misuse the FunnelCloud Services. You may use the FunnelCloud Services only as permitted by law. The licenses granted by FunnelCloud terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own FunnelCloud account to use certain FunnelCloud Services, and you may be required to be logged in to the account[CA2] . You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. FunnelCloud services are intended for adults. You must be at least 18 years of age to purchase products or services. FunnelCloud reserves the right to refuse service, terminate accounts, terminate your rights to use FunnelCloud products or services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send private or group messages and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a review, post or other content. FunnelCloud reserves the right (but not the obligation) to remove or edit such content but does not commit to being able to regularly review all posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant FunnelCloud a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FunnelCloud and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FunnelCloud for all claims resulting from content you supply. FunnelCloud has the right but not the obligation to monitor and edit or remove any activity or content. FunnelCloud takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
FunnelCloud respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.[link to form]
RISK OF LOSS
All purchases of physical items from FunnelCloud are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
FunnelCloud does not take title to returned physical items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, FunnelCloud does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.
FunnelCloud attempts to be as accurate as possible. However, FunnelCloud does not warrant that product descriptions or other content of any FunnelCloud is accurate, complete, reliable, current, or error-free. If a product offered by FunnelCloud itself is not as described, your sole remedy is to return it in unused condition
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Funnel Cloud.
With respect to items sold by FunnelCloud, we will confirm the price of an item when you place an order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by FunnelCloud is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Third parties offering products or services through the funnelcloud.shop may follow different policies in the event of a mispriced item.
Prices are shown exclusive of tax. At checkout, you will be shown the total price including all applicable taxes.
When you use apps created by Funnel Cloud you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here .
SANCTIONS AND EXPORT POLICY
You may not use any FunnelCloud Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using FunnelCloud Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including FunnelCloud Software), technology, and services.
Parties other than FunnelCloud operate stores, provide services or software, or sell product lines through the FunnelCloud Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from FunnelCloud. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). FunnelCloud does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE FUNNELCLOUD SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FUNNELCLOUD SERVICES ARE PROVIDED BY FUNNELCLOUD ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FUNNELCLOUD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FUNNELCLOUD SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FUNNELCLOUD SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FUNNELCLOUD SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, FUNNELCLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUNNELCLOUD DOES NOT WARRANT THAT THE FUNNELCLOUD SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FUNNELCLOUD SERVICES, FUNNELCLOUD’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FUNNELCLOUD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, FUNNELCLOUD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FUNNELCLOUD SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FUNNELCLOUD SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Governing Law, Attorney’s Fees and Waiver of Jury Trial:
i. The laws of the Commonwealth of Pennsylvania (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to the Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
ii. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the United States District Court for the Eastern District of Pennsylvania or in the Court of Common Pleas of Lehigh County, Pennsylvania and each party to this Agreement consents to the exclusive jurisdiction of the aforesaid courts and waives any objection to such jurisdiction based on forum non conveniens or otherwise.
iii. Each party waives, to the fullest extent permitted by law,
(i) any objection which it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any court of the Commonwealth of Pennsylvania or the United States District Court for the Eastern District of Pennsylvania.
(ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
iv. Each party agrees that the exclusive choice of forum set forth in this Section does not prohibit the enforcement of any judgment obtained in that forum or any other appropriate forum.
v. If any legal action, arbitration or other proceeding is brought under this Agreement, in addition to any other relief to which the successful or prevailing party or parties (“the Prevailing Party”) is entitled, the Prevailing Party is entitled to recover, and the non-Prevailing Party shall pay, all (i) reasonable attorneys’ fees of the Prevailing Party; (b) court costs; and (c) expenses incurred in that action or proceeding and all appellate proceedings. For purposes of this Section, the terms “attorneys’ fees” includes, without limitation, paralegal fees, expert witness fees, disbursements, and all other charges billed by the attorney to the Prevailing Party. The Prevailing Party shall be determined by the court or panel hearing the matter.
vi. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury in any action, dispute or other legal proceeding arising out of or relating to the parties’ negotiations or this Agreement and the transactions it contemplates, including without limitation counterclaims. This waiver applies to any action, dispute or legal proceeding, whether sounding in contract, tort (including negligence) or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of FunnelCloud product or services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
705 Rutter Avenue
Kingston, PA 18704-4801
ADDITIONAL FUNNELCLOUD SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with FunnelCloud Services (the “FunnelCloud Software”).
- Use of the FunnelCloud Software. You may use FunnelCloud Software solely for purposes of enabling you to use the FunnelCloud Services as provided by FunnelCloud, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the FunnelCloud Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the FunnelCloud Software in whole or in part. All software used in any FunnelCloud Service is the property of FunnelCloud or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the FunnelCloud Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the FunnelCloud Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the FunnelCloud Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the FunnelCloud Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other FunnelCloud or third-party terms applicable to any portion of FunnelCloud Software, such as open-source license terms, such other terms will control as to that portion of the FunnelCloud Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
FunnelCloud accepts service of subpoenas or other legal process. Subpoenas or other legal process may be served by sending them to FunnelCloud at the following address:
705 Rutter Avenue
Kingston, PA 18704-4801
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint by email to firstname.lastname@example.org . Your email may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Mail this information to:
705 Rutter Avenue
Kingston, PA 18704-4801