The following user agreement (“User Agreement”) governs all services and products (collectively, “Offerings”) available at or through https://theFunky Littlechair.com/ (the “Site”). The Site is owned and operated by The Funky Little Chair LLC (“The Funky Little Chair”, “we”, “us” or “our”).
1. Definitions. In addition to terms defined elsewhere in the Terms of Service, the following terms are specified as defined below:
a. “Account Holder” means the User who establishes an account with The Funky Little Chair and who is financially responsible for the Offerings.
b. “Applicable Law” means all applicable state and federal laws and regulations, including intellectual property and other substantive law.
c. “Documentation” means the user guides, online help, release notes, training materials and other documentation provided or made available by us to the User regarding any Offerings.
d. “Eligible Persons” means Account Holders or Users who are at least 18 years old when the Service are to be provided and who reside in an location were the Applicable Laws do not restrict our ability to provide any Offering.
e. “Service(s)” refers to any services that we provide to User either by internet access or in person.
d. “User” means each individual authorized by The Funky Little Chair to access the Services or to purchase an Offering.
a. Grant. Provided that Account Holder is in compliance with the Terms of Service, for each Offering purchased by the Account Holder, we will provide to the User indicated by the Account Holder a nonexclusive, non-assignable, worldwide right and license to access and use the Services, and related Documentation, solely for the purpose of educating the User with regard to the subject that the Services relates to. The Account Holder and User may or may not be the same person.
b. Restrictions. User and Account Holder shall not, and shall not permit anyone to: (i) copy or republish any Offering, (ii) make the Services available to any person other than an authorized User, (iii) modify or create derivative works based upon the Services or Documentation, (iv) remove, modify or obscure any copyright, trademark or other proprietary notices contained in any Offer or in the Documentation, or (v) access the Services or use the Documentation in order to build a similar product or competitive product. Subject to the limited licenses granted herein, The Funky Little Chair shall own all right, title and interest in and to the Services, Documentation, and other deliverables provided under this Agreement, including all modifications, improvements, upgrades, derivative works and feedback related thereto and intellectual property rights therein. User agrees to assign all right, title and interest it may have in the foregoing to The Funky Little Chair.
a. Our Warranty. The Funky Little Chair represents and warrants that it will provide the Services in a professional manner consistent with general industry standards. The Offerings are intended to promote learning the fundamentals of upholstery. We make no representations as to the ability of a User to monetize the educational benefits of the Offerings, either by self-employment or by obtaining employment with any third party. Any product sold, but not manufactured by, us is sold without any warranty from us. We agree to pass on, as we are authorized to do so by the particular manufacturer, any warranty offered by manufacturer for the applicable product. For any breach of warranty, the Account Holder’s exclusive remedy shall be to request The Funky Little Chair to provide an alternate Offering that we may select in our sole discretion.
b. Third Party Sites. The Funky Little Chair is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. The Funky Little Chair is providing these links and access to third-party sites and services to User only as a convenience, and the inclusion of any link or access does not imply an endorsement by The Funky Little Chair of the third-party site or service.
4. User and Account Holder Responsibilities
a. Safety. The Funky Little Chair recommends the use of safety equipment while working on upholstery. Safety glasses are needed while working with pneumatic staplers, foam saws, during tear back, and anytime something could potentially fly in your eye. Good ventilation is needed while working with aerosols, such as glue. Users are personally responsible for reading any and all safety information and manuals provided by vendors/manufacturers and for maintaining good repair of said tools and equipment. The Funky Little Chair shall have no responsibility for any personal injuries or property damage arising from or related to User’s use of any Offering.
b. Compliance with Laws; Eligible Persons. The Account Holder warrants that each User shall comply with all applicable local, state, national and foreign laws in connection with its use of the Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. User shall not upload, post, reproduce or distribute any information protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights. The Account Holder further warrants that each User will be an Eligible Person.
c. Unauthorized Use; False Information. User shall: (a) notify The Funky Little Chair immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (b) report to The Funky Little Chair immediately and use reasonable efforts to stop any unauthorized use of the Service that is known or suspected by User, and (c) not provide false identity information to gain access to or use the Service.
d. Account Holder-Granted Access. Account Holder shall be solely responsible for the acts and omissions of any third party that Account Holder grants access as a User. The Funky Little Chair shall not be liable for any loss of data or functionality caused directly or indirectly by any User that Account Holder granted access to.
e. Suggestions; Recommended Improvements. The Funky Little Chair shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into its Offerings any suggestions, enhancement requests, recommendation or other feedback provided by Users or Account Holders relating to any Offering.
a. One-Time And Reoccurring Fees. By signing up for an account with us, you agree to pay the fees for the applicable Offering, which may include one-time fees and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). For subscription arrangements, you will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Unless you notify us before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription using any credit card or other payment mechanism we have on record for you.
b. Payments. Payments are not refundable. We reserve the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
c. Taxes. Account Holder shall be responsible for payment of all sales and use taxes, or similar charges relating to Account Holder’s use of the services.
d. Refunds. All of the resources you purchase are delivered electronically. For that reason, all sales on The Funky Little Chair of digital resources are considered final and nonrefundable.
6. Term and Termination
a. Term. The term of any Offering shall begin on the applicable start date and shall expire as indicated therein unless terminated by either party as outlined in this Section.
b. Termination. Account Holder can terminate any Services by submitting a request to The Funky Little Chair in writing. We have the right to terminate Services upon written notice to the Account Holder for any reason or no reason at all. Returns of products are in our sole discretion and may be subject to a restocking fee. Account Holder has the right to terminate this agreement upon written notice to us with the effective date of such notice being the last day of the month in which the notice is given.
c. Suspension for Non-Payment. The Funky Little Chair reserves the right to suspend delivery of the Services if Account Holder fails to timely pays any amounts due to The Funky Little Chair under this Agreement. Suspension of the Services shall not release Account Holder of its payment obligations under this Agreement. User agrees that The Funky Little Chair shall not be liable to User, Account Holder, or to any third party for any liabilities, claims or expenses arising from or relating to suspension of the Services resulting from Account Holder’s nonpayment.
d. Suspension for Ongoing Harm. The Funky Little Chair reserves the right to suspend delivery of the Services if The Funky Little Chair reasonably concludes that User use of the Services is causing immediate and ongoing harm to The Funky Little Chair or others. In the extraordinary case that The Funky Little Chair must suspend delivery of the Services, The Funky Little Chair shall immediately notify Account Holder and all Users authorized by Account Holder of the suspension. The Funky Little Chair shall not be liable to User, Account Holder, or to any third party for any liabilities, claims or expenses arising from or relating to any suspension of the Services in accordance with this Section 6(d). Nothing in this Section 6(d) will limit The Funky Little Chair’s rights under Section 6(e) below.
e. Effect of Termination
i. Upon termination or expiration of the rights of an Account Holder, The Funky Little Chair shall immediately cease providing the Services and all usage rights granted herein shall terminate.
ii. If The Funky Little Chair terminates the rights of an Account Holder due to a breach by Account Holder, then Account Holder shall immediately pay to The Funky Little Chair all amounts then due, but for such termination.
iii. The Funky Little Chair shall have no obligation upon the termination or expiration of any Offering to return any User content or data to Account Holder or any User.
7. Support. All support will be provided in accordance with our standard services practices, procedures and policies.
9. Indemnification. You agree to indemnify and hold harmless The Funky Little Chair, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of any Offering.
10. Additional Terms
a. Survival. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
b. Export Regulations. Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Service. User agrees that such export control laws govern its use of the Service (including technical data) and any services deliverables provided under this Agreement, and User agrees to comply with all such export laws and regulations. User agrees that no data, information, software programs and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws.
c. No Third Party Beneficiaries. The Terms of Services is an agreement between the parties, and confers no rights upon either party’s employees, agents, contractors, or upon any other persons or entities.
d. Force Majeure. Each party will be excused from performance for any period during which, and to the extent that, such party is prevented from performing any obligation or Service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, and power failures.
12. LAST REVISED. This User Agreement was last revised on June 15, 2021.