Terms and Conditions

Acceptance of the Terms and Conditions 

Welcome to the website www.Emergency-Fun.com. This website is operated by TEF, LLC. of Rutland County Vermont (the “Company”, or “we” or “us” or “our”). Please read the following Terms and Conditions (“T&C”) with care. 

These T&C will govern your access to and use of www.Emergency-Fun.com and its subdomains (collectively, the "Site"), including any content, data, functionality, and services offered by us through the Site. These Terms apply to both visitors to and registered users of the Site.
 

By accessing or using the Site, you confirm that:
- you are 18 years of age or older
- you have read, understand and agree to be bound by these T&C
- you have read, understand and agree to the other documents referenced herein including
-- Product Consent 

-- Privacy Policy 

-- Cookie Policy 

-- Return and Refund Policy 

-- Cancellation Policy 

If you do not agree with all of these terms you may not use or access the site.

This Site is intended for users who are 18 years of age or older. We do not collect or maintain personal information from people we actually know are under 18 years old. If we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to remove that user’s information from our database.
 

By using this Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us, and not limited from entering into this binding contract for any reason. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms and Conditions 

We may update and revise these T&C, and other documents referenced herein, from time to time to time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised T&C means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Certain services we offer on the Site have their own terms and agreements (“Service Agreement"). In the event of any conflict between these T&C and any Service Agreement, the Service Agreement shall control.

Description of Service 

The products and services available on the Site are provided by the Company. The Company, Discovery Genomics Inc. is registered in the State of California and assigned registration number 4256796. The Company has a registered office is 4000 MacArthur Blvd. Newport Beach, CA 96620. The Company has a primary laboratory facility at 130 Theory Suite 150, Irvine, CA 92617. We provide healthcare laboratory testing and related services. You can contact us at: contact@Emergency-Fun.com.

Statement on Medical Advice 

THE INFORMATION CONTAINED ON THE SITE, THE TEST INFORMATION, OUR CONTENT, THE SERVICES, AND THE PRODUCTS AVAILABLE THROUGH THE SITE ARE FOR GENERAL GUIDANCE ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE SITE NOR OUR SERVICES OR PRODUCTS, OR ANY TEST INFORMATION, CONSTITUTE MEDICAL ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY TEST INFORMATION OR STATUS OF YOUR HEALTH. THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS. 

Site Access  

The products and services available on the Site are provided by the Company

We reserve the right to withdraw or amend this Site, and any service, content, function or product we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site. 

By accessing this Site, you agree to use the Site only for lawful purposes and in accordance with the following:

- When you access the Site, you certify that you: 

i. are 18 years of age or older 

ii. are not limited from entering into this binding contract for any reason

iii. are a resident in a country from where we will accept Samples

iv. are accessing the Site from an IP address in one of those countries

v. are using the Site in your own name and not on behalf of anyone else

vi. will not allow any other person to use the Site under your name

vii. will not use the Site and pretend you are someone else

viii. will not otherwise seek to disguise your identity

ix. will only using the Site, the Products and the Services for your own benefit and not for the purposes of providing Services to others

x. agree to all of the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, in addition to any other rights we may have, we may terminate or refuse any and all current or future access or use of the Site (or any portion thereof).

- If you set up an Account with us, you agree to provide contact details that can be used to contact you in relation to your use of the Site, your Order, the Product and/or Services. It is important that the details you provide us with are correct, accurate and complete and that you promptly update your Account if there are changes. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED TO YOU AS A RESULT OF A FAILURE OR OMISSION BY YOU TO PROVIDE ACCURATE AND SUITABLE CONTACT DETAILS. 

- We will handle all personal information we collect in accordance with our Privacy Policy and Cookies Policy.

- You must set up an Account with us to Order on the Site. You set up an Account by creating a username and Password. We reserve the right to take any action that we deem necessary to ensure the security of the Site and your Account, including without limitation changing your Password, terminating your Account, or requesting additional information to authorize transactions on your Account. You are solely responsible for keeping your Password and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your password or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your password and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You will immediately notify us of any suspected or actual unauthorized access to or use of your password or any other breach of your Account security.
- You are also responsible for: 

i. all transactions or activities carried out using your Account

ii. ensuring that when you access the Account that the system you use to access the Account is secure

iii. ensuring that the system used to access the Account is not left unattended unless you have fully exited the Account and that your Password is not retrievable from the system by others

- You are responsible for notifying us if you know or suspect that your Account or Password might be known to a third party. We will not be liable for any loss or damage that you may suffer as a result of your failure or omission to do so. We will have no liability to you or to any third party if any communication by us to you, using contact information provided by you or via your Account, is seen, received or accessible by any third party.

- By using the Site, you acknowledge that the transmission of data over the internet can never be completely 

secure and you accept the risk that others may be able to read or intercept any information, text, graphics you submit or send to or through the Site. This includes transmissions that are identified as secure or encrypted, and may include the Test Information.

We may rely on the authority of anyone accessing your Account or using your login credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. We may store, transmit, receive, and/or access your data on or from our own servers or those of our service providers which may be in or outside of the United States.

Fees and Payments

Unless otherwise noted, the prices listed for the Products reflect a single combined payment for the Products and Services. For Products ordered through the Site, the price includes standard delivery and return of the Product to the address provided by you and provision of the Services in accordance with these Conditions and these T&C. 

For Products purchased through the Site, you agree to pay the price listed for the Product, and any applicable taxes, delivery charges, and any other charges in relation to a Confirmed Order in advance by clicking on the payment button on the Site and following the required procedure.

By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Order. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled until you are able to resolve the payment issue.

Product Delivery

We make every effort to ship the Product as soon as possible. The supply chain for our Products has met many challenges and due to this no warranties can be made about delivery time. Product is normally dispatched the same day or at least within two business days of Order Confirmation. Product is sent to the delivery address you provide during the order submission process. Delivery times may vary. We may be unable to change the delivery address after the Order Confirmation.

Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Product) are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence. A Product may be shipped by us to the agreed delivery address in advance of any scheduled delivery date.

Risk of loss in a Product passes to you upon delivery of the Product to the agreed delivery address.

If you receive the wrong Products, damaged/faulty Products, or if certain items are absent from the Product, then please send us an email within seven (7) days of receipt of the Product at contact@Emergency-Fun.com containing the following information: the Product Serial Number, Order ID, and description of the missing or faulty item(s). Upon receipt of such notice we will arrange for a replacement Product to be sent to you as soon as possible.\

Order Cancellation

Unless, otherwise required by State law, in which case such State requirements shall apply, if you purchase a Product via the Site, you have the right to cancel the contract for the purchase of the Product within 1 hour of Order Confirmation.  

For health protection reasons, no cancellations of COVID-19 test kits can be accepted after the COVID-19 test kit has shipped and the Product should not be returned. 

To exercise the right to cancel, you may do so through the Site within the allowed time period. 

If you exercise your cancellation, we will reimburse to you all payments received. We will reimburse you using the same means of payment as you used for the initial payment, unless you have expressly agreed otherwise. We will not charge you any fees in connection with the reimbursement.
 

For more details see our Cancellation Policy. 

Subscription Cancellation

If you have a Subscription there is an associated Service Agreement. You are welcome to cancel your subscription at any time given you meet the following requirements:

• We are given 72 hours of notice (due to product production and delivery considerations)

• You have received the minimum amount of kits required by your Service Agreement

Note - Products ordered under a subscription are not eligible for refunds or returns.

Intellectual Property Rights

The Company and its affiliates are the owners or the licensees of all Intellectual Property Rights in the Site, including the entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, illustrations, logos, interfaces, graphics, trademarks, video and audio, and the design (“look and feel”), selection, arrangement and styling), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these T&C is a breach of these T&C and may violate copyright, trademark and other laws.

Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on this Site are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.

Subject your compliance with the T&C and all applicable international, federal, state and local laws, rules, and regulations, we grant you a limited, revocable, non-exclusive, non-transferrable, non-sublicensable right and license to use the Site solely to access and use the Site and Services for your personal, non-commercial use only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You must not alter, reproduce, sell, disseminate, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit these Assets on our Site except as follows: 

• Your computer may temporarily store copies of such Assets in RAM incidental to your accessing and viewing those Assets. 

• You may store files that are automatically cached by your web browser for display enhancement purposes.

• You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution. 

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end user license agreement for such applications. 

• If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features. 

• You must always acknowledge our status (and that of any identified contributors) as the authors of material on our Site.

You must not: 

• Modify copies of any Assets from this Site

• Modify any paper or digital copies of any Assets you have printed off or downloaded in any way

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of Assets from this Site

• Access or use for any commercial purposes any part of the Site or any services or Assets available through the Site

DMCA Notification

We respect the rights of intellectual property holders. If you believe that any content on the Site violates these Terms of Use or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed\

2. A description of where the material that you claim is infringing is located on the Site (including the exact URL)

3. An address, a telephone number, and an e-mail address where we can contact you

4. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law

5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf

6. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed

We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to our designated agent at: 

Director of Communications
Emergency-Fun.com
2260 University  Drive
Newport Beach, CA 92660

Phone: (877) 380-1776
Email: contact@Emergency-Fun.com 

We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had content removed from the Site more than twice.

Acceptable Use

While accessing and using this Site, you agree that you will not use the Site, Services, or Products (collectively, the "Materials") for any use other than the business purpose for which it was intended. You will not, and will not permit any third party to, take any of the following actions with respect to the Materials or the server hosting the Site nor will you use our Materials to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Materials in any manner that: 

• decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Site or server hosting the Site

• uses any robot, spider, scraper or other automatic or manual means to access the Site or copies any content or information on the Site

• removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors

• modifies, adapts, improves, enhances or makes any derivative work from the Materials; (v) infringes the copyright, trademark or any proprietary rights

• compiles, uses, downloads or otherwise copies the Site or any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) the Site or such information to any third party; (vii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions

• promotes or provides instructions for illegal activities

• encourages any conduct that would constitute a criminal offense or that gives rise to civil liability

• disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware

• attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means

• accesses systems, data or information that we do not intend to be made accessible to you

• use meta tags or any other hidden text using our name without our written consent, link or attempt to link the Site with other sites or Services, or use meta tags or other devices containing any reference to us in order to direct a person to any other site of Services

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these T&C. 

You agree not to use the Site: 

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries)

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation

• To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing)

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other users of the Site or expose them to liability

Additionally, you agree not to: 

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site, including his or her ability to engage in real time activities through the Site

• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site

• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent

• Use any device, software or routine that interferes with the proper working of the Site

• Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site

• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack

• Otherwise attempt to interfere with the proper working of the Site

Content You Post on the Site or Send in Communications 

You are responsible for all content that you post on, transmit through or download from the Site (“User Content") or otherwise communicate to us. User Content does not include “Protected Health Information,” as defined in the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act (“HIPAA”), that you may provide or submit to us when requesting tests or Services. You may not post User Content that: is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission); infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner; you know to be inaccurate; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains any personally identifying information about any person without their consent or about any person who is a minor; may be deemed generally offensive to the website community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism; includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; is off topic; is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person; violates any local, state, federal, and/or international laws or regulations; promotes or provides instructional information about illegal or illicit activities; contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or, is intended to overwhelm, cause technical disruptions of or denial of service to the Site. We may remove any User Content that violates these Terms of Use or that we determine is otherwise not appropriate for the Site in our sole discretion. 

By posting or transmitting User Content on or through the Site, you:

• represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by us and the Terms of Use

• represent and warrant that your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, libel, or invade the right of privacy, or violate the right of publicity or other property rights of any other person

• agree to and do hereby grant us and our affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the User Content that you submit to the Site for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) we may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant us a license to use your username in connection with our use of any User Content you provide to us, including in connection with off-Site uses of such submitted User Content. You also consent to the display of advertising within or adjacent to any of your User Content. Any User Content sent to us, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be nonconfidential

When submitting a review, you must:

• focus on your personal experience of using the Product and Services

• provide a description of what you liked or disliked about the Product or Services ("Review")

We may reject and not post your Review for any reason.

We welcome your feedback at contact@Emergency-Fun.com. If you wish to share feedback with us about customer service issues or provide suggestions relating to the Site, Products, Our Content, or Services ("Feedback"), please do not submit this Feedback through the review mechanism. Instead, please contact us directly at the following email address: contact@Emergency-Fun.com
 

If you wish to make any use of our content on the Site other than as expressly permitted in this T&C, please contact us at the following email address: contact@Emergency-Fun.com. Such permission will be at the sole discretion of the Company.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that authorized files or content available for downloading from the Site or the internet will be free of viruses, malware or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR PROVIDERS, PARTNERS, AFFILIATES, OR HEALTH CONSULTANTS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATION OF THE SITE, OR THE INFORMATION OR CONTENT INCLUDED THEREON. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

Limitations on Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES FOR:

• ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES

• YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL

• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES

• THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES

• THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE SITE. 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) ONE HUNDRED DOLLARS (U.S. $100.00). 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE §1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS. 

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignees, from and against any and all claims, liabilities, deficiencies, damages, actions, judgments, settlements, interest, awards, losses, fines, penalties, costs, expenses or fees or any kind (including reasonable attorneys’ fees and costs) arising from or relating to your violation of these Terms of Use or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Site, including, but not limited to, any use of the Site’s content, Services and products other than as expressly authorized, your use of any information obtained from the Site, any User Content you submit, post to or transmit through the Site or the Services, or, your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality. 

Time to File Claims

Except to the extent prohibited by applicable law, any cause of action or claim you may have arising out of or relating to these T&C, the Site, Products, Material, Content, or Services must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.

Termination

You may delete your Account and end your registration at any time, for any reason by sending an email to contact@Emergency-Fun.com We may terminate your use of the Site, your Account and/or registration for any or no reason at any time. You understand that termination of your agreement with us pursuant to these Terms of Use and your Account will not entitle you to any refund and may involve deletion of your information from our live databases as well as any content that you uploaded to the Site using such Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU. 

YOUR SEPARATE SERVICE AGREEMENT OR CONSENT FOR SERVICES MAY CONTAIN DIFFERENT TERMINATION PROVISIONS FOR A GIVEN SERVICE. IN SUCH CASES THE TERMINATION PROVISIONS WITHIN SUCH SEPARATE USER AGREEMENT OR CONSENT FOR SERVICES SHALL GOVERN THE TERMINATION OF THOSE SERVICES.

Dispute Resolution

In the event of any dispute, claim, question or disagreement arising from or relating to these T&C, or the relationship that results from these T&C (a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution, then the Dispute shall be resolved by binding arbitration in Austin, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. To the extent permitted by law, any Dispute under this T&C must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. 

The parties agree that one (1) arbitrator shall arbitrate the Dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the parties agree shall apply. Further, unless both you and we agree in writing otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties. 

Either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. 

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California regardless of your country of origin or where you access the Site or the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. 

Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these T&C or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Delivery of Notices 

You agree that we may provide you with notices, including those regarding changes to these T&C, by email to the address you provided at the time of registration or as changed in your Account profile on the Site. 

Independent Contractors

The parties intend that an independent contractor relationship will be created by these Terms of Use, and that no additional partnership, joint venture, employee, employer or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of us, any of our affiliates or service providers. 

Entire Agreement

These Terms of Use, our Privacy Policy, and any User Agreement, Consent for Services, or HIPAA Privacy Authorization you have consented to constitute the entire agreement between you and us with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of you or us, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms of Use and any applicable purchase order or other terms other than our User Agreement, the terms of these Terms of Use shall govern. If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect. The headings of sections and paragraphs in these Terms of Use are for convenience only and shall not affect its interpretation. 

Comments, Concerns, Questions, Feedback

Thank you for visiting Emergency-Fun.com. All feedback, comments, concerns, or requests for technical support and other communications relating to the Site should be directed to contact@Emergency-Fun.com.