Welcome to BizFunnel, owned and operated by Sleepy Dog Systems, LLC. ("Sleepy Dog Systems"). By using the BizFunnel service (the "Service"), you accept and agree to be bound by the following terms and conditions (the "Terms of Service"). Nothing in the Terms of Service should be construed to confer any rights to third party beneficiaries.
1. Description of Service
Unless explicitly stated otherwise, the Service may be modified or terminated
at any time by Sleepy Dog Systems for any reason, and without notice, without liability
to you, any other user of the Service or any third party. Any new features
that augment or enhance the current Service shall be subject to the Terms of Service.
2. Changes to Terms of Service
The Terms of Service of this service are subject to update by Sleepy Dog Systems at any
time with or without notice, and you can review the most current version
of it online at any time at http://www.bizfunnel.com/terms_of_service.
3. Registration
When you register for BizFunnel, you must provide true, accurate
and complete registration information. As part of the registration process,
you will be asked to select a username and password and you will be responsible
for all activities occurring under your username and for keeping your
password secure.
To comply with the Children's Online Privacy Protection Act, at this
time BizFunnel is only available to users who are at least 13 years
old. If you are under 13, you may not register to use the BizFunnel
service.
4. Use of Materials
The content within the Service is protected by copyright and other laws
in both the United States and elsewhere. The Service includes both content
owned or controlled by Sleepy Dog Systems as well as content owned or controlled
by third parties and licensed to Sleepy Dog Systems (collectively, the "Materials").
Sleepy Dog Systems authorizes you to view and download a single copy of the Materials
solely for your personal, non-commercial use. You may not sell or modify
the Materials or reproduce, display, publicly perform, distribute, or
otherwise use the Materials in any way for any public or commercial purpose
without the written permission of Sleepy Dog Systems. Special rules may apply to
the use of certain software and other items provided via the Services,
and are noted where appropriate.
5. Content
Your Responsibilities. You understand that all data, text, information,
links and other content (collectively, "Content"), whether posted
in public or restricted content, is the sole responsibility of the person
from which such Content originated. This means that you, and not Sleepy Dog Systems,
are entirely responsible for all Content that you publish, post, upload,
distribute, disseminate or otherwise transmit (collectively, "Post")
via the Service. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will Sleepy Dog Systems be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any
Content Posted via the Service. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content.
You understand that the technical processing and transmission of the
Service, including Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
Sleepy Dog Systems's Rights. You acknowledge that Sleepy Dog Systems does not pre-screen, control, edit or endorse Content made available through the Service and has no obligation to monitor the Content Posted via the Service. If Sleepy Dog Systems discovers Content that does not appear to conform to the Terms of Service, Sleepy Dog Systems may investigate and determine in good faith and in its sole discretion whether to remove the Content. Sleepy Dog Systems will have no liability or responsibility for performance or non-performance of such activities. You acknowledge that certain content available through the Service are available only through the Service and others are available both through the Service and other sources, over which Sleepy Dog Systems has absolutely no control.
6. Appropriate Conduct
You agree that you are responsible for your own conduct and communications
while using the Service and for any consequences thereof. You agree to
use the Service only to send and receive messages and material that are
legal and proper. By way of example,
and not as a limitation, you agree that when using the Service, you will
not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- post any inappropriate, defamatory, infringing, obscene, or unlawful Content;
- post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to Post such Content;
- post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements.
- download any file Posted by another user that you know, or reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted;
- restrict or inhibit any other user from using and enjoying the Service;
- use the Service for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Sleepy Dog Systems;
- create user accounts by automated means or under false or fraudulent pretenses;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
International users agree to comply with their own local rules regarding
online conduct and acceptable content, including laws regulating the
export of data to the United States or your country of residence.
While Sleepy Dog Systems prohibits such conduct and Content in connection with the
Service, you understand and agree that you nonetheless may be exposed
to such conduct and/or Content and that you use the Service at your own
risk.
7. Proprietary Rights
Sleepy Dog Systems's Rights
Sleepy Dog Systems and its affiliates and licensors own and retain all rights in
the Service, which contains proprietary and confidential information
that is protected by applicable intellectual property and other laws.
Except as expressly authorized by Sleepy Dog Systems, you may not copy, modify, publish,
transmit, distribute, perform, display or sell any of Sleepy Dog Systems's proprietary
information.
Your Rights
Sleepy Dog Systems claims no ownership or control over any Content submitted, Posted
or displayed by you on or through the Service. You or a third party licensor,
as appropriate, retain all patent, trademark and copyright to any Content
you submit, Post or display on or through the Service and you are responsible
for protecting those rights, as appropriate. By submitting, Posting or
displaying Content on or through the Service, you grant Sleepy Dog Systems a worldwide,
non-exclusive, royalty-free license to reproduce, adapt and publish such
Content on the Service solely for the purpose of displaying, distributing
and promoting the Service or any other Sleepy Dog Systems Services. This license
terminates when such Content is deleted from the Service. Sleepy Dog Systems reserves
the right to syndicate Content submitted, Posted or displayed by you
on or through the Service and use that Content in connection with other
services offered by Sleepy Dog Systems.
8. Links
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Sleepy Dog Systems has no control over
such sites and resources, you acknowledge and agree that Sleepy Dog Systems is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content
on or available from such sites or resources. You further acknowledge
and agree that Sleepy Dog Systems 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 available
on or through any such site or resource.
9. User Privacy
As a condition of using the Service, you agree to the terms of the BizFunnel
Privacy Policy, as it may be changed from time to time. Sleepy Dog Systems
will provide you notice of any significant changes by placing a link
on the BizFunnel home page or by email. You understand and agree
that Sleepy Dog Systems may access, preserve, and disclose your personal information
and the contents of your account in order to provide the Service or if
required to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to comply with legal process or
protect the rights, property and/or safety of Sleepy Dog Systems, its affiliates
or the public. Personal information collected by Sleepy Dog Systems may be stored
and processed in the United States or any other country in which Sleepy Dog Systems
or its agents maintain facilities. By using the Service, you consent
to any such transfer of information outside of your country.
For a full description of how Sleepy Dog Systems maintains the personal information
you provide, please see our Privacy Policy.
10. Disclaimer of Warranties
Sleepy Dog Systems and its affiliates, licensors, partners, suppliers, consultants
and agents ("Sleepy Dog Systems Entities") disclaim any and all responsibility
or liability for the accuracy, content, completeness, legality, reliability,
or operability or availability of information or Content displayed on
the Service. The Sleepy Dog Systems Entities disclaim any and all responsibility
and liability for your conduct and for the conduct of others using the
Service.
THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION,
ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE),
PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO
WARRANTIES WHATSOEVER. THE SLEEPY DOG SYSTEMS ENTITIES EXPRESSLY DISCLAIM TO THE
FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Some states do not allow the exclusion or limitation of implied warranties,
so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
11. Hold Harmless and Indemnity
You agree to hold harmless and indemnify Sleepy Dog Systems from and against any
third party claim arising from or in any way related to your use of the
Service, including any liability or expense arising from all claims,
losses, damages (actual and consequential), suits, judgments, litigation
costs and attorneys' fees, of every kind and nature. In such a case,
Sleepy Dog Systems will provide you with written notice of such claim, suit or action.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SLEEPY DOG SYSTEMS BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF
OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT SLEEPY DOG SYSTEMS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY
SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE
ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED
BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY
LAW. Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation and exclusions may
not apply to you. UNDER NO CIRCUMSTANCES SHALL SLEEPY DOG SYSTEMS BE LIABLE TO YOU
FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).
13. Term and Termination
These Terms of Service will apply to your use of the Service. You may terminate
your use of the Service immediately at any time, for any reason, by contacting
customer support.
We may terminate your use of the Service immediately at any time, for
any reason, and at such time you will have no right to use the Service.
Our proprietary rights, disclaimer of warranties, indemnities, limitations
of liability and miscellaneous provisions shall survive any such termination.
14. Notices
Sleepy Dog Systems may provide you with notices regarding the Service or these Terms of Service by email or postings to this Web site.
15. Miscellaneous Provisions
Without limiting the foregoing, under no circumstances shall Sleepy Dog Systems be
held liable for any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections,
civil disturbances, shortages of labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders of domestic
or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and Sleepy Dog Systems with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.