Terms & Conditions

GoFun provides this gofun.com website (“Website”) to you. This agreement is made between you and GoFun. The Website, all services such as access to on-line tools, information, text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (“Content”) are subject to the following terms and conditions, which may be updated from time to time.

Your access to and use of this website and the services provided on this website are subject to the following terms and conditions and all applicable laws and regulations. Please read these terms carefully. If you do not agree with any of these terms or conditions, do not access or otherwise use this website, the services, or any information contained on this website. By using this website, you agree to abide by each of the terms and conditions set forth below. We reserve the right, in our sole discretion, and without notice, to update and/or revise these terms and conditions. Your continued use of this site following the posting of any changes to the terms and conditions constitutes acceptance of those changes. Please check the terms and conditions periodically for changes.

Placing Orders

Payment: You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide GoFun with valid payment information in connection with your orders. By providing GoFun with your payment information, you agree that (i) GoFun is authorized to immediately invoice your Account for all fees and charges due and payable to GoFun hereunder, (ii) GoFun is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify GoFun of any change in your payment information. GoFun reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, GoFun reserves the right to either suspend or terminate your access to the unpaid-for services.
Our sale of software, apps, subscriptions, accounts (collectively "Sold Items") are made with no express or implied warranty or guarantee of future use. The brands, owners, managers of Sold Items on our sites retain the right to, at their sole discretion, adjust, limit, or terminate your use of such items. For the period extending 12 months from your purchase date, we will at our sole discretion, provide to you support, replacement, exchange, or substitution for any Sold Items purchased which have become unsable due to modifications made by their respective owners. Any remedies we provide to you in such case will be provided to you at our sole discretion.

Automatic Renewal: If your order is subject to automatic renewal, you will be notified during the order process. The automatic renewal and cancellation terms provided during the order process are hereby incorporated into this Agreement. Prior to each subsequent renewal, you will be notified of the rate and terms then in effect. This notice will be delivered to you at the email provided during checkout. You are responsible for the accuracy of all contact information that you provide to us. You must inform us of all changes to your contact information. Absent written notice from you, we will continue to communicate with you through the email address you have provided to us.

Notice: You are responsible for providing GoFun with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, GoFun dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to GoFun at the following address: GoFun, 19495 Biscayne Boulevard, Suite 300, Aventura, FL 33180. Such notice shall be deemed given when received by GoFun by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Use of Content and Services and Indemnifications

In consideration of your use of the Content and Services, you agree to provide true, accurate and current information as prompted by this Website. If any information you provide is untrue, inaccurate or not current, or if GoFun has reasonable grounds to suspect that such information is untrue, inaccurate or not current, GoFun, at its sole discretion, has the right to suspend or terminate your use and refuse all current or future access to the Content and use of the Services or suspend or terminate any portion thereof. Further, you agree that GoFun will not be liable to you or any third party if GoFun suspends or terminates your access to the Content or Services for any reason. You agree to use the site solely for the purposes for which the Services are intended and solely in compliance with the Terms and Conditions and any other agreement between yourself and GoFun. You agree to defend, indemnify, and hold harmless GoFun and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use or misuse of this site or a breach of your representations and warranties.

Passwords and User ID Protections

To obtain use for the Services, you may be assigned a password and user ID upon completing the registration process. You agree to maintain the confidentiality of your password and user ID and are fully responsible for all activities using your password or user ID. You agree that under no circumstances will you provide your password or user ID to a third party. You agree to immediately notify GoFun of any unauthorized use of your password or your user ID or any other breach of security, and to log off from your account at the end of each session. GoFun cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Copyrights, Trademarks, and Intellectual Property

You acknowledge and agree that all Content is the copyrighted work of GoFun or third party content suppliers and is protected by copyright laws. You acknowledge that GoFun, gofun.com, the GoFun logo, all page headers, custom graphics, and button icons or service marks, or trademarks of GoFun and that all other trademarks, product names, company names or logos on the Website are the property of their respective owners. In addition to comply with all applicable laws, you agree that you will not use, sell, reproduce, transmit, edit or create derivative works from any such trademarks, service marks or other logos from this Website. You acknowledge that GoFun has expended substantial time, effort and funds to create and deliver the Services and compile the data contained therein. The Services and data are and will continue to be GoFun’ exclusive property.

Proprietary Software

All software used in connection with this Website (“Software”) is the property of GoFun or its suppliers and is protected by U.S. patent and copyright laws. Any use of the Software other than as required to navigate and to utilize the functionality offered through this Website is prohibited. You agree not to copy, distribute, publicly display, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software.

Disclaimers

Information contained on this Website has been prepared by GoFun as a convenience to its users and has been compiled based upon information provided to GoFun by users of this Website and by third parties. GoFun has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in this Website. The information contained on this Website does not constitute legal, tax, accounting or other professional advice. Users relying on Content from this Website do so at their own risk and are encouraged to seek professional advice when appropriate. GoFun suppliers may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model “what-if” scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved. In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report. GoFun makes no warranty regarding the accuracy of such calculators available for use on this Website.

You expressly understand and agree that your use of this website, the services and content is at your sole risk. All services, content, and software are provided on an “as is” or “as available” basis. GoFun expressly disclaims all warranties and conditions of any kind whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title or noninfringement. GoFun and its suppliers make no warranty that (i) the services, content and software are accurate, timely, uninterrupted or error-free; (ii) the results that may be obtained from the use of the services, content or software will be reliable; (iii) any errors in the software will be corrected; and/or (iv) the server that makes the site available is secure and free of viruses or other harmful components.

Limitation of Liability

You understand and agree that GoFun and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages even if GoFun or its suppliers have been advised of the possibility of those damages, resulting from your use or inability to use the website, services, content or software, any use or reliance on any linked website or any other matter related to the services or content. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

Third Party Links

This Website may contain links to Websites maintained by third parties. Such links are provided for your convenience and reference only. GoFun does not operate or control in any respect, and is not responsible for any information, software, products or services available on such Websites.

General Provisions

Entire Agreement

These Terms and Conditions, the Privacy Policy, and other policies GoFun may post constitute the entire agreement between GoFun and you in connection with your use of this Website, the Services, and the Content including prior versions of the terms and conditions, if applicable. GoFun may update these terms and conditions from time to time by posting revised terms and conditions on this Website, without notice to you, and your subsequent use of the Website is governed by those new terms and conditions. The terms and conditions are effective until terminated by GoFun. In the event of termination, the copyrights, trademarks, and intellectual property, disclaimers, limitations of liabilities, and jurisdiction provisions set forth in these terms and conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Website, these terms and conditions will control.

Governing Law

These terms and conditions are governed by the laws of the State of Florida without regard to choice or conflicts of law provisions. You hereby consent to the exclusive jurisdiction and venue of the courts in Travis County, Florida in connection with any legal action arising in connection with these terms and conditions and/or the use of this site, and you hereby submit to the jurisdiction of any such court. This agreement constitutes the entire agreement between GoFun and you concerning the subject matter hereof, and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.