Terms of Service
Please read the Terms of Service and Conditions before you send us your documents for processing. We reserve the right to update our Terms of Service and Conditions at any time.
Please read these Terms & Conditions (“Terms”) carefully before using this Website (“Site”).
This Site is provided by Funderburk Investigation and Process subject to your compliance with these Terms, as well as any other agreement between Funderburk Investigation and Process and you, and may be used for informational purposes only. By using this Site or downloading materials from this Site, you agree to abide by the Terms set forth below and herein. If you do not agree to abide by these Terms, do not use the Site or download materials from the Site.
Subject to the Terms, Funderburk Investigation and Process grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Funderburk Investigation and Process authorizes you to view and download the information (“Materials”) made available for download at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials are subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and, 3) you must not transfer the Materials to any other person. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Funderburk Investigation and Process does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Restrictions on Use
Your use of the Site is subject to all applicable laws, rules, and regulations, and you are solely responsible for the contents of your communications through the Site. By using any communications service or other interactive service that may be available to you on or through this Site, you agree that you will not upload or otherwise submit or facilitate submission of any content, including text, communications, software, images, sounds, data, or other information, that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may, at any time and at our sole discretion, terminate your access to the Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
THE MATERIALS MAY CONTAIN INACCURACIES AND ERRORS. Funderburk Investigation and Process DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, MEMORANDUM OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, Funderburk Investigation and Process MAKES NO WARRANTY THAT: (A) THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE MATERIALS WILL BE ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR, (D) THE QUALITY OF THE MATERIALS OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
Funderburk Investigation and Process RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE MATERIALS OR THE SITE. Funderburk Investigation and Process MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, MERCHANT-ABILITY, NON-INFRINGEMENT, OR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLYTO YOU.
As a convenience to you, Funderburk Investigation and Process may provide, on this Site, links to Web sites operated by other entities. If you use these links, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Funderburk Investigation and Process takes no responsibility for, and makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Funderburk Investigation and Process or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Funderburk Investigation and Process or any of its affiliates or subsidiaries.
Information Provided By You
Any personally identifiable information you may provide to Funderburk Investigation and Process via this Site is protected by the Privacy Notice associated with this Site. You agree that any information or materials that you or individuals acting on your behalf provide to Funderburk Investigation and Process : (i) will be true and accurate; (ii) will be maintained and updated to keep it current, complete and accurate; and, (iii) will not be considered confidential or proprietary. By providing any such information or materials to Funderburk Investigation and Process , you grant to Funderburk Investigation and Process an unrestricted, irrevocable, worldwide, royalty-free license and fully paid-up right to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Funderburk Investigation and Process is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Funderburk Investigation and Process . You further recognize that Funderburk Investigation and Process does not want you to, and you warrant that you shall not, provide any information or materials to Funderburk Investigation and Process that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary or confidential material of another. By providing any information or materials discussed in this section to Funderburk Investigation and Process you agree to hold Funderburk Investigation and Process harmless and indemnify Funderburk Investigation and Process for any damages caused by your having provided such information or materials to Funderburk Investigation and Process .
Intellectual Property Violations
Funderburk Investigation and Process respects the intellectual property of others and asks you to do the same. If you or any user of this Site believes its copyright, trademark, or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit Funderburk Investigation and Process to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Funderburk Investigation and Process to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Limitation of Damages
IN NO EVENT SHALL Funderburk Investigation and Process OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM), THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF Funderburk Investigation and Process IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Funderburk Investigation and Process reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time, without notice. Change to these Terms will be effective when notice of such change is posted. You acknowledge and agree that it is your responsibility to review the Site and these Terms periodically and to be aware of any changes in these Terms. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes and your agreement to be bound by them.
Funderburk Investigation and Process may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time, without prior notice, and without liability. Funderburk Investigation and Process may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Funderburk Investigation and Process may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
This Site is controlled, operated and administered by Funderburk Investigation and Process from its offices within the United States of America. Funderburk Investigation and Process makes no representation that materials on this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
You agree to indemnify, defend, and hold Funderburk Investigation and Process and its affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees and costs, that arise from your use or misuse of the Site or Materials. Funderburk Investigation and Process reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Funderburk Investigation and Process in asserting any available defenses.
Termination of Use
You agree that Funderburk Investigation and Process may, in its sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Site and Materials immediately ceases, and you acknowledge and agree that Funderburk Investigation and Process may immediately delete all related information and files and/or bar any further access to such files or this Site. Funderburk Investigation and Process shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
This Site (excluding any linked sites) is controlled by Funderburk Investigation and Process from its office in the District of Columbia, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of the District of Columbia, by accessing this Site Funderburk Investigation and Process and you both agree that the statutes and laws of the District of Columbia, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of the Site and Materials. Funderburk Investigation and Process and you both agree and submit to the exclusive personal jurisdiction and venue of the District of Columbia, as applicable, with respect to such matters and any other dispute relating to the Site or Materials. In any action to enforce these terms, the prevailing party will be entitled to attorneys’ fees and costs. Any cause of action brought by you against Funderburk Investigation and Process or its affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
If any part of these Terms of Service is held illegal or otherwise unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by Funderburk Investigation and Process to enforce or exercise any provision of these terms or related rights shall not constitute a waiver of that right or provision.
These Terms constitute the entire agreement between Funderburk Investigation and Process and you with respect to your use of the Site and Materials.
Copyright and Trademark Information
Funderburk Investigation and Process, the Funderburk Investigation and Process logo and all other trademarks, unless otherwise noted, are owned or licensed by Funderburk Investigation and Process.