PRIVACY POLICY & TERMS OF USE

This website is owned and operated by Function4, LLC (“Site Owner”). By visiting and using the features of this website, you agree to be bound by all the terms and conditions set forth herein, collectively referred to as “Policy.”

Site Owner may change any content in this Policy at its discretion by updating this page. It is recommended that you visit this page regularly to review any changes. If you do not agree to all the terms in the Policy, you must leave the website immediately.

This Policy outlines how the Site Owner uses, collects, and protects information that you give us when you use this website. Any information you provide on this website to Site Owner will be used in accordance with this Policy and may be shared across any website operated by Site Owner.

Site Owner is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this Policy.

If this website is sold to, or merges with, another company not owned by the Site Owner, you should expect that some or all the information collected from this website may be transferred to the buyer/surviving company. If so, the Site Owner will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but Site Owner cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.

INFORMATION & CONTENT ON THIS WEBSITE

Your use of this site is an acknowledgement that all content, graphics, images, videos, audio, and other material that is subject to copyright or trademark protection (“Intellectual Property”) is owned by or licensed to Site Owner. Except as permitted below, any duplication in whole or in part of any Intellectual Property on this website requires written permission from Site Owner.

PERMITTED USES OF INTELLECTUAL PROPERTY.

You may download, copy, save or print Intellectual Property provided such action is for personal, non-commercial use and that such action does not alter in whole or in part the original content as it was on the website.

Site users are encouraged to “Share” pages and content on this website across various social media outlets (Facebook, YouTube, Twitter, Foursquare, etc.) so long as you do not alter in whole or in part any of the shared content or claim any such content to be that of your own.

INFORMATION WE COLLECT

We may collect the following information (“Personally Identifiable Information”):

  • Name
  • Contact information including email address, mailing address, city, state, or zip code
  • Any other information relevant to operating this website

You may refuse to provide any Personally Identifiable Information at your discretion; however, such refusal may impede your use and experience of this website and may disqualify you from entry into Site Owner and other Third Party sponsored contests, promotions, giveaways, sweepstakes, etc.

In some cases, Site Owner may incorporate a third party with a promotion, contest, sweepstakes, etc., as a sponsor.

Consistent with the Children’s Online Privacy Protection Act, this site does not knowingly collect, use, or disclose personal information (including online contact information) of children under the age of 13.

What We Do With Collected Information

We require this information to effectively run online contests, sweepstakes, surveys and to collect general contact information when submitted on a contact form. We require this information to understand your needs and provide you with a better service, and for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our website and other services
  • We may periodically send promotional email about contests, promotions, events, or special offers
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax, or mail. You are in no way obligated to participate in such market research requests
  • We may use the information to customize the website according to your interests.

We will not sell your information to any third party for any reason.

Visitor Tracking & Advertising

This website utilizes 1st party tracking cookies from Google and HubSpot to collect non-personally identifiable information about the habits and usage of visitors to this website.

We use this anonymous information for the following:

  • To serve relevant advertising on other websites around the internet
  • To customize our content and experience based on previous habits
  • To analyze website visits and trends over time
  • Other needs as they arise

We may provide opportunities to download content or sign up for various offers. This is entirely optional but doing so will link up the personally identifiable information you provide us with the anonymous information we have on file about your usage habits of this website. This information is utilized by the HubSpot platform and is not shared in any way with Google for any reason whatsoever.

To clear the information we have, you can clear the browser cookies on your computer. This will not prevent future cookies from being placed the next time you visit this site.

To opt out of all future tracking cookies from Google, please visit Google Ad Settings.

Security

We are committed to ensuring that your information is secure. To prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

You may choose to have us remove or alter any information we have on file about you, even if you previously opted in to provide us with that information. To do so, please send an email to shines@function-4.com.

We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of Personally Identifiable Information which we hold about you by writing to:

Function4, LLC
12560 Reed Rd. Suite 200
Sugar Land, TX 77478

COPYRIGHT INFRINGEMENT

If you believe in good faith that information or materials on the website infringe on your copyright, you or your agent may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), requesting that we remove or block access to the claimed infringing material. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.loc.gov/copyright. Notices and counter-notices should be sent to the address above.

WARRANTY AND DISCLAIMER

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY SITES OR SERVICES LINKED TO OR FROM THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

Website content is not intended to, and does not, constitute legal or professional advice or diagnosis, and may not be used for such purposes. You should not act or refrain from acting based on any content included in, or accessible through, our website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue, from a lawyer or professional licensed in your state, country or other appropriate licensing jurisdiction.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF OR THE INABILITY TO USE OUR WEBSITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction and Venue

You agree that any action at law or in equity arising out of or relating to these terms of use or our website shall be filed, and that venue properly lies, only in state courts located in Sugar Land, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that the content on our website is appropriate or available for use in any location. Those who choose to access our website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

General Provisions

These terms of use shall be governed by and construed in accordance with the laws of the State of Texas and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to.” All trademarks appearing on this website are the property of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the written permission of the party that may own the applicable trademark.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.