WEBSITE USE AGREEMENT
Welcome to iFungo.com (the "Website"). iFungo.com is owned and operated by iFungo, LLC ("iFungo"). iFungo is one of the baseball industry's most respected suppliers, offering a wide array of products, including [, and other products. We encourage you to browse iFungo.com to review our products and services. By using the Website, you agree to be bound by the following terms and all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. If you do not agree to be bound by the following terms, please do not use the Website.
Please read this Agreement carefully before accessing or using iFungo.com. Accessing iFungo.com signifies your agreement to be bound by the Policies contained in the most current version of this Agreement posted on iFungo.com. iFungo reserves all rights and remedies it may have at law and equity against persons using iFungo.com who do not agree to be bound by the Policies.
We grant you permission to print individual pages from the Website, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or purchasing iFungo’s products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not:
• use the materials for any commercial purpose, or for any public display (commercial or noncommercial);
• remove any copyright, trademark, or other proprietary notations from the materials;
• transfer the materials to another person or "mirror" the materials on any other server.
We make no warranties or representations to you that your use of any materials displayed on the Website will not infringe the rights of third parties.
Third Party Websites
iFungo may provide links and pointers to Internet sites maintained by others ("Third Party Sites"). Such links are provided for your reference only. iFungo does not control such Third Party Sites and is not responsible for the content of or any products or services offered on those sites.
If you submit information to us, excluding personal information needed to purchase our products, but including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts or other information, you are giving that information, and all your rights in it, to iFungo free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by iFungo for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Website, on a bulletin board, or in any other manner.
Please do not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate the law. You are solely responsible for any material you submit to us.
Through your usage of the Website, you may submit and/or iFungo may gather and track your page views, how you came to visit the site, and length of time viewing pages. iFungo is free to use such information for internal studies and analyses.
iFungo does not intentionally sell products or services for purchase by children or knowingly collect information from children. Children under 18, but at least 13 years of age, are authorized to use iFungo.com only with the involvement of a parent or legal guardian who agrees to be bound by this Agreement. Children under the age of 13 are not authorized to use iFungo.com, and parents or legal guardians may not agree to this Agreement on their behalf.
All materials on iFungo.com are for the purpose of providing goods and services in the
iFungo reserves the exclusive right, at our discretion, to update, change, modify, add, or remove portions of iFungo.com and the Policies from time to time including, but not limited to, content and system requirements. The effective date of the latest version of the Policies, as stated below, indicates the last time the Policies were materially modified. Checking the effective date below allows you to determine whether there have been material modifications since the last time you reviewed the Policies.
The Policies were last materially modified on 03/01/2006.
You can review the most current version of the Policies at any time at iFungo.com. Your continued use of iFungo.com following change in the Policies will constitute your acknowledgement and acceptance of such change. If you do not agree to any change, you must immediately stop using and accessing iFungo.com.
This Agreement shall be governed by the laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
The parties agree that any claim or dispute relating to this Agreement, or any other matters, disputes, or claims between us, shall be subject to non-binding mediation if agreed to by you and us within 30 days of you or us making a request to the other by letter. Any such mediation will be held in Marion County, Indiana, and shall be conducted according to the mediation rules of the National Arbitration Forum.
Whether or not mediation is requested by any party, any claim, dispute or controversy between us or arising from or relating to this Agreement or the relationships which result from this Agreement, including the validity of this arbitration clause or the entire Agreement, including any that remain unresolved 120 days after an agreement for mediation, shall be resolved by binding arbitration by the National Arbitration Forum, under the Code of Procedure then in effect. The place of arbitration shall be Marion County, Indiana. Any award of the arbitrator(s) may be entered as a judgment in any court having jurisdiction. In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. Information may be obtained and claims may be filed at any office of the National Arbitration Forum, www.arbitration-forum.com, or by mail at
The parties acknowledge that they had a right or opportunity to litigate disputes through a court in front of a judge or jury, but that they preferred to resolve any disputes through arbitration.
Disclaimer and Limitation of Liability
ALL MATERIAL ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
iFUNGO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS WEBSITE, OR ON ANY SITE OR SITES "LINKED" TO THIS WEBSITE. iFUNGO MAKES NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. iFUNGO FURTHER MAKES NO WARRANTY THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE WEBSITE.
IN NO EVENT WILL iFUNGO BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH iFUNGO.COM OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF iFUNGO, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
Term and Termination
This Agreement is effective from your acceptance of the Policies, which is indicated by first use of iFungo.com. iFungo may terminate this Agreement any time without notice.
Upon termination of this Agreement, all rights granted to you under the Agreement shall terminate immediately. iFungo's right to enforce the provisions of this Agreement shall survive termination of the Agreement. You may terminate this Agreement at any time by destroying all materials received from the Website and ceasing to use the Website.
The iFungo Web site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and iFungo, LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, iFungo will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with iFungo's Return Policy.
All notices required or permitted under this Agreement shall be in writing, shall reference this Agreement and shall be deemed given upon receipt when sent by registered or certified mail, return receipt requested, postage prepaid or commercial overnight carrier, with written verification of receipt. All communications shall be sent to the address set forth below or to such other address as may be designated by iFungo by providing notice iFungo.com.
Indemnification Waiver No waiver of any default or breach of this Agreement by iFungo shall be deemed a continuing waiver or a waiver of any other breach or default, no matter how similar. iFungo's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. Force Majeure The obligations of iFungo are subject to and contingent upon the absence of interference or interruptions such as strikes, riots, war, invasion, fire, explosion, accident, delays in carriers, acts of God and all other delays beyond iFungo's reasonable control, and any interference with the obligation of iFungo for any such reason shall not be deemed a breach of this Agreement. Entire Agreement This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. Each of the parties acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as may be expressly set forth herein.
You shall defend, indemnify and hold iFungo harmless from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to your use of iFungo.com.
No waiver of any default or breach of this Agreement by iFungo shall be deemed a continuing waiver or a waiver of any other breach or default, no matter how similar. iFungo's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
The obligations of iFungo are subject to and contingent upon the absence of interference or interruptions such as strikes, riots, war, invasion, fire, explosion, accident, delays in carriers, acts of God and all other delays beyond iFungo's reasonable control, and any interference with the obligation of iFungo for any such reason shall not be deemed a breach of this Agreement.
This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. Each of the parties acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as may be expressly set forth herein.