***if you have a probem with an item, you must contact us within 60 minutes of delivery; if you do not report a problem within 60 minutes, we will assume your item is as expected.
Contact Us:
Email:
Phone:
(406)422-7694
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Cancellation Policy:
Customer agrees to cancel/reschedule within 72 hours of date of service; if Customer fails to do so they forfeit their deposit/refund and will incur an additional restocking fee of $35.
Weather Related CAncellation Policy:
BEFORE THE PARTY:If inclement weather were to occur before your party starts and we establish that it is unsafe, we will refund your rental deposit/payment. Once your party has been cancelled, we will not set up even if it stops raining later on in the day. (i.e. If party is cancelled at 10 a.m. and it clears up by 11 a.m. we have already cancelled the party and will not be setting up your unit)
DURING THE PARTY:For safety reasons to protect you and your guests if inclement weather were to occur during your party you must immediately exit the inflatable, turn the blower off, unplug blower and move it to a covered area. The customer will be held liable for any damages that may occur if the previously listed steps are not followed. WE RESERVE THE RIGHT TO PICK UP THE INFLATABLE UNIT DURING YOUR PARTY IF BAD WEATHER IS IN THE FORECAST. We do this for safety reasons and to protect our equipment.
* we also reserve the right to cancel your party due to inclement weather in which case your deposit/payment will be refunded.
DURING THE PARTY:For safety reasons to protect you and your guests if inclement weather were to occur during your party you must immediately exit the inflatable, turn the blower off, unplug blower and move it to a covered area. The customer will be held liable for any damages that may occur if the previously listed steps are not followed. WE RESERVE THE RIGHT TO PICK UP THE INFLATABLE UNIT DURING YOUR PARTY IF BAD WEATHER IS IN THE FORECAST. We do this for safety reasons and to protect our equipment.
* we also reserve the right to cancel your party due to inclement weather in which case your deposit/payment will be refunded.
TERMS OF SERVICE:
Last Updated: 03/29/2023.PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BYACCESSING/USING OUR WEBSITE (406funn.com) and/or OUR SERVICES, YOU HEREBY AGREETO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREINBY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVECUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE or our services.IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASEDO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and (406)Funn. LLC(hereinafter " (406)"), a company duly organized and validly existing, located in Helena, Montana 59601. ThisAgreement annuls and voids all previous agreements.
OVERVIEWThe Site (www.406funn.com) is operated by (406). Throughout the Site, the terms "we", "us" and "our" refer to (406).(406)offers this Site, including all information, tools and services available from this Site to you, the user, conditioned uponyour acceptance of all terms, conditions, policies and notices stated here.By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the followingterms and conditions, including those additional terms and conditions and policies referenced herein and/or available byhyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors,customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and anyadditional terms or policies referenced herein, the provisions of the additional terms or policies shall control.Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agreeto be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or useany Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the mostcurrent version of the Terms at any time on this page. We reserve the right to update, change or replace any part of theseTerms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Yourcontinued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1By agreeing to these Terms, you represent that you are at least the age of 18 in your state or province of residence, orthat you are the age of majority in your state or province of residence and you have given us your consent to allow any ofyour minor dependents to use this Site.You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site,violate any laws in your jurisdiction (including but not limited to motor vehicle laws).You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for anyreason without giving you any prior notice:1. Restrict, suspend or terminate your access to all or any part of our Site;2. Change, suspend or discontinue all or any part of our products or Site;3. Refuse, move, or remove any content that is available on all or any part of our Site;4. Establish general practices and limits concerning use of our Site.You agree that we will not be liable to you or any third party for taking any of these actions.You understand and agree that our Site may include communications such as service announcements and administrative orlegal notices from us. Please note that you cannot opt out of receiving these notices.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a)transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networksor devices. Credit card information is always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Siteor any contact on the Site, without express written permission by us.You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in anyway exploit any of the content, in whole or in part, found on the Site. (406)content is not for resale. Use of the Site does notentitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter anyproprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and willmake no other use of the content without the express written permission of (406) and the copyright owner. You agree that youdo not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to theintellectual property of (406) or our licensors except as expressly authorized by these Terms.
SECTION 2you herein agree not to make use of (406)Funn. LLC's Services for the purpose of:a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful,harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another'sprivacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;b) causing harm to minors in any manner whatsoever;c) impersonating any individual or entity, including, but not limited to, any (406) officials, forum leaders, guides or hostsor falsely stating or otherwise misrepresenting any affiliation with an individual or entity;d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant toany law nor having any contractual or fiduciary relationship with;(406)Funn. LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if itis requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:a) compliance with any legal process;b) enforcement of the Terms;c) responding to any claim that therein contained content is in violation of the rights of any third party;d) responding to requests for customer service; ore) protecting the rights, property or the personal safety of (406)Funn. LLC, its visitors, users and members, includingthe general public.(406)Funn. LLC herein reserves the right to include the use of security components that may permit digital information ormaterial to be protected, and that such use of information and/or material is subject to usage guidelines and regulationsestablished by (406)Funn. LLC or any other content providers supplying content services to (406)Funn. LLC. You are herebyprohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore,unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services,despite whether done so in whole or in part, is expressly prohibited.
SECTION 4Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relatingto to the export and import laws of the United States and possibly othercountries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes andregulations, including, but not limited to, the Export Administration Regulations(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge thatyou:a) are not on the list of prohibited individuals which may be identified on any government export exclusion report(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government whichmay be part of an export-prohibited country identified in applicable export and import laws and regulations;b) agree not to transfer any software, technology or any other technical data through the use of our network Servicesto any export-prohibited country;c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry enduses that would be a violation of the U.S. export laws; andd) agree not to post, transfer nor upload any software, technology or any other technical data which would be inviolation of the U.S. or other applicable export and/or import laws.
SECTION 5 (406)Funn. LLC shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make suchcontent available for inclusion on our website Services. Therefore, you hereby grant and allow for (406)Funn. LLC the belowlisted worldwide, royalty-free and non-exclusive licenses, as applicable:a) The content submitted or made available for inclusion on the publicly accessible areas of (406)Funn. LLC's Sites,the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display saidContent on our network Services is for the sole purpose of providing and promoting the specific area to which thiscontent was placed and/or made available for viewing. This license shall be available so long as you are a member of(406)Funn. LLC's sites, and shall terminate at such time when you elect to discontinue your membership.
SECTION 6All users and/or members agree to insure and hold (406)Funn. LLC, our subsidiaries, affiliates, agents, employees, officers,partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonableattorney fees made by any third party which may arise from any content a member or user of our Site may submit, post,modify, transmit or otherwise make available through our Services, the use of (406) Services or your connection with theseServices, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 7 The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reasonany part, use of, or access to (406)'s sites.
SECTION 8(406)Funn. LLC reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily orpermanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or toany third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 9Either (406)Funn. LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge andagree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorsenor are we responsible or liable for any content, products, advertising or any other materials, on or available from such thirdparty sites or resources. Furthermore, you acknowledge and agree that (406)Funn. LLC shall not be responsible or liable,directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or inconnection with the use of or the reliance on any such content, goods or Services made available on or through any such siteor resource. SECTION 10 You do hereby acknowledge and agree that (406)Funn. LLC's Services and any essential software that may be used inconnection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicableintellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may becontained in any advertisements or information presented by and through our Services or by advertisers is protected bycopyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted byapplicable law or as authorized by (406)Funn. LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan,sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on (406)Funn. LLCServices (e.g. Content or Software), in whole or part. SECTION 11YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:a) THE USE OF (406)FUNN. LLC SERVICES ARE AT THE SOLE RISK BY YOU. OUR SERVICESAnd products SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. (406)FUNN. LLC ANDOUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORSEXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE AND NON-INFRINGEMENT.b) (406)FUNN. LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORSMAKE NO SUCH WARRANTIES THAT (i) (406)FUNN. LLC SERVICES WILL MEET YOURREQUIREMENTS; (ii) (406)FUNN. LLC SERVICES SHALL BE UNINTERRUPTED, TIMELY,SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE(406)FUNN. LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANYPRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OROBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONSc) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF (406)FUNN.LLC SERVICES SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND ASSUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSESOF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THEDOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BYYOU FROM (406)FUNN. LLC OR BY WAY OF OR FROM OUR SERVICES SHALL CREATE ANYWARRANTY NOT EXPRESSLY STATED IN THE TERMS. SECTION 12YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT (406)FUNN. LLC AND OUR SUBSIDIARIES,AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FORANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUTNOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATAAND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THATSAID DAMAGES MAY OCCUR, AND RESULT FROM:a) THE USE OR INABILITY TO USE OUR SERVICE;b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. SECTION 13In the event you have a dispute, you agree to release (406)Funn. LLC(and its officers, directors, employees, agents, parentsubsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual andconsequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arisingout of or in any way connected to such dispute. SECTION 14(406)Funn. LLC may furnish you with notices, including those with regards to any changes to the Terms, including but notlimited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable meanscurrently known or any which may be herein after developed. Any such notices may not be received if you violate any aspectsof the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes youragreement that you are deemed to have received any and all notices that would have been delivered had you accessed ourServices in an authorized manner. SECTION 15You herein acknowledge, understand and agree that all of the (406)Funn. LLC trademarks, copyright, trade name, servicemarks, and other (406)Funn. LLClogos and any brand features, and/or product and service names are trademarks and assuch, are and shall remain the property of (406)Funn. LLC. You herein agree not to display and/or use in any manner the(406)Funn. LLClogo or marks without obtaining (406)Funn. LLC's prior written consent.(406)Funn. LLC will always respect the intellectual property of others, and we ask that all of our users do the same. Withregards to appropriate circumstances and at its sole discretion, (406)Funn. LLC may disable and/or terminate the accounts ofany user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such away that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwiseviolated, you should provide to us the following information:a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright orother intellectual property interest;b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;c) A description of the location of the site which you allege has been infringing upon your work;d) Your physical address, telephone number, and email address;e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyrightowner, its agents or the law;f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthfuland accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act onthe copyright or intellectual property owner's behalf.The (406)Funn. LLC agent for notice of claims of copyright or other intellectual property infringement can be contacted asfollows:Mailing Address:(406)Funn. LLCAttn: Copyright AgentPO Box 7102Helena, Montana 59604Telephone: 4062174493Email: 406mattson@gmail.com SECTION 16This Agreement constitutes the entire agreement between you and (406)Funn. LLCand shall govern the use of our Services,superseding any prior version of this Agreement between you and us with respect to (406)Funn. LLC Services. You may alsobe subject to additional terms and conditions that may apply when you use or purchase certain other (406)Funn. LLCServices, affiliate Services, third-party content or third-party software. SECTION 17It is at the mutual agreement of both you and (406)Funn. LLC with regard to the Agreement that the relationship between theparties shall be governed by the laws of the state of Montana without regard to its conflict of law provisions and that any andall claims, causes of action and/or disputes, arising out of or relating to theAgreement, or the relationship between you and(406)Funn. LLC, shall be filed within the courts having jurisdiction within the County of Lewis And Clark, Montana or the U.S.District Court located in said state. You and (406)Funn. LLC agree to submit to the jurisdiction of the courts as previouslymentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and tovenue in such courts. SECTION 18At any time, should (406)Funn. LLC fail to exercise or enforce any right or provision of the Agreement, such failure shall notconstitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction tobe invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected inthe provision, and the other provisions of the Agreement remain in full force and effect. SECTION 19 You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contentswithin your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may beterminated and all contents therein permanently deleted. SECTION 20You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising outof or related to the use of our Services or the Agreement must be filed within 1 year(s) after said claim or cause of actionarose or shall be forever barred. SECTION 21Please report any and all violations of this Agreement to (406)Funn. LLC as follows:Mailing Address:(406)Funn. LLCPO Box 7102Helena, Montana 59604Telephone: 4062174493Email: 406mattson@gmail.com SECTION 22In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure theintegrity and operation of our business and systems, we may access and disclose any information we consider necessary orappropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any suchinformation is governed by the terms of our Privacy Policy. SECTION 23The Site is controlled, operated and administered by (406)from our offices within the USA. If you access the Site from alocation outside the USA, you are responsible for compliance with all local laws. You agree that you will not use (406)'scontent accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions orregulations. SECTION 24Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that mayrelate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reservethe right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if anyinformation on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submittedyour order).We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including withoutlimitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on anyrelated Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated. SECTION 25Every member's registration data and various other personal information are strictly protected by the (406)Funn. LLC OnlinePrivacy Policy (see the full Privacy Policy at file:///c:/users/matts/downloads/privacy-policy-v3-1348740.pdf).
SECTION 9Either (406)Funn. LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge andagree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorsenor are we responsible or liable for any content, products, advertising or any other materials, on or available from such thirdparty sites or resources. Furthermore, you acknowledge and agree that (406)Funn. LLC shall not be responsible or liable,directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or inconnection with the use of or the reliance on any such content, goods or Services made available on or through any such siteor resource. SECTION 10 You do hereby acknowledge and agree that (406)Funn. LLC's Services and any essential software that may be used inconnection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicableintellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may becontained in any advertisements or information presented by and through our Services or by advertisers is protected bycopyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted byapplicable law or as authorized by (406)Funn. LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan,sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on (406)Funn. LLCServices (e.g. Content or Software), in whole or part. SECTION 11YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:a) THE USE OF (406)FUNN. LLC SERVICES ARE AT THE SOLE RISK BY YOU. OUR SERVICESAnd products SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. (406)FUNN. LLC ANDOUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORSEXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE AND NON-INFRINGEMENT.b) (406)FUNN. LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORSMAKE NO SUCH WARRANTIES THAT (i) (406)FUNN. LLC SERVICES WILL MEET YOURREQUIREMENTS; (ii) (406)FUNN. LLC SERVICES SHALL BE UNINTERRUPTED, TIMELY,SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE(406)FUNN. LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANYPRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OROBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONSc) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF (406)FUNN.LLC SERVICES SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND ASSUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSESOF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THEDOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BYYOU FROM (406)FUNN. LLC OR BY WAY OF OR FROM OUR SERVICES SHALL CREATE ANYWARRANTY NOT EXPRESSLY STATED IN THE TERMS. SECTION 12YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT (406)FUNN. LLC AND OUR SUBSIDIARIES,AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FORANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUTNOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATAAND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THATSAID DAMAGES MAY OCCUR, AND RESULT FROM:a) THE USE OR INABILITY TO USE OUR SERVICE;b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. SECTION 13In the event you have a dispute, you agree to release (406)Funn. LLC(and its officers, directors, employees, agents, parentsubsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual andconsequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arisingout of or in any way connected to such dispute. SECTION 14(406)Funn. LLC may furnish you with notices, including those with regards to any changes to the Terms, including but notlimited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable meanscurrently known or any which may be herein after developed. Any such notices may not be received if you violate any aspectsof the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes youragreement that you are deemed to have received any and all notices that would have been delivered had you accessed ourServices in an authorized manner. SECTION 15You herein acknowledge, understand and agree that all of the (406)Funn. LLC trademarks, copyright, trade name, servicemarks, and other (406)Funn. LLClogos and any brand features, and/or product and service names are trademarks and assuch, are and shall remain the property of (406)Funn. LLC. You herein agree not to display and/or use in any manner the(406)Funn. LLClogo or marks without obtaining (406)Funn. LLC's prior written consent.(406)Funn. LLC will always respect the intellectual property of others, and we ask that all of our users do the same. Withregards to appropriate circumstances and at its sole discretion, (406)Funn. LLC may disable and/or terminate the accounts ofany user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such away that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwiseviolated, you should provide to us the following information:a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright orother intellectual property interest;b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;c) A description of the location of the site which you allege has been infringing upon your work;d) Your physical address, telephone number, and email address;e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyrightowner, its agents or the law;f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthfuland accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act onthe copyright or intellectual property owner's behalf.The (406)Funn. LLC agent for notice of claims of copyright or other intellectual property infringement can be contacted asfollows:Mailing Address:(406)Funn. LLCAttn: Copyright AgentPO Box 7102Helena, Montana 59604Telephone: 4062174493Email: 406mattson@gmail.com SECTION 16This Agreement constitutes the entire agreement between you and (406)Funn. LLCand shall govern the use of our Services,superseding any prior version of this Agreement between you and us with respect to (406)Funn. LLC Services. You may alsobe subject to additional terms and conditions that may apply when you use or purchase certain other (406)Funn. LLCServices, affiliate Services, third-party content or third-party software. SECTION 17It is at the mutual agreement of both you and (406)Funn. LLC with regard to the Agreement that the relationship between theparties shall be governed by the laws of the state of Montana without regard to its conflict of law provisions and that any andall claims, causes of action and/or disputes, arising out of or relating to theAgreement, or the relationship between you and(406)Funn. LLC, shall be filed within the courts having jurisdiction within the County of Lewis And Clark, Montana or the U.S.District Court located in said state. You and (406)Funn. LLC agree to submit to the jurisdiction of the courts as previouslymentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and tovenue in such courts. SECTION 18At any time, should (406)Funn. LLC fail to exercise or enforce any right or provision of the Agreement, such failure shall notconstitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction tobe invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected inthe provision, and the other provisions of the Agreement remain in full force and effect. SECTION 19 You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contentswithin your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may beterminated and all contents therein permanently deleted. SECTION 20You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising outof or related to the use of our Services or the Agreement must be filed within 1 year(s) after said claim or cause of actionarose or shall be forever barred. SECTION 21Please report any and all violations of this Agreement to (406)Funn. LLC as follows:Mailing Address:(406)Funn. LLCPO Box 7102Helena, Montana 59604Telephone: 4062174493Email: 406mattson@gmail.com SECTION 22In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure theintegrity and operation of our business and systems, we may access and disclose any information we consider necessary orappropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any suchinformation is governed by the terms of our Privacy Policy. SECTION 23The Site is controlled, operated and administered by (406)from our offices within the USA. If you access the Site from alocation outside the USA, you are responsible for compliance with all local laws. You agree that you will not use (406)'scontent accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions orregulations. SECTION 24Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that mayrelate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reservethe right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if anyinformation on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submittedyour order).We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including withoutlimitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on anyrelated Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated. SECTION 25Every member's registration data and various other personal information are strictly protected by the (406)Funn. LLC OnlinePrivacy Policy (see the full Privacy Policy at file:///c:/users/matts/downloads/privacy-policy-v3-1348740.pdf).