TERMS OF USE

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at FunDayinLA.com or any other Social Media accounts or profiles owned or operated by Fun Day in LA (collectively, the “Site”) or any services provided in connection with the Site, including but not limited to guided luxury day tours, (the “Service”), you agree to abide by these Terms and Conditions of Use, as they may be amended by Enze Apparel, Inc. d/b/a Fun Day in LA (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms and Conditions of Use have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions of Use periodically, and if at any time you find these Terms and Conditions of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
3. ELECTRONIC COMMUNICATIONS.  When you visit the Site or send e-mail to Company, you are communicating electronically.  You consent to receive communications from Company electronically.  Company will communicate with you by e-mail or by posting notices on the Site.  You agree that all agreements, notices, disclosures and other communications that Company provides to you electronically satisfy any legal requirement that such communication be in writing.
4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.  The Site and all of its contents are the copyrighted property of Company.  All information, text, graphics, software, images and coding (collectively, the “Contents”) are the property of Company and/or its various third party providers.  No part of the Contents may be reproduced, modified, removed, sold, transferred, or otherwise distributed without the express written permission of Company and/or the applicable third party.  All Company trademarks and trade names used on or in connection to the Site shall remain the exclusive property of Company. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
5. PERMITTED USE.  The Contents of this Site and Service are for personal use only.  You may only use this Site and Service to make legitimate reservations and purchases.  You agree that you will not use this Site or Service or the representatives of Company to make false or fraudulent or speculative reservations and purchases.  You are granted limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Site or Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.  You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
6. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. THIRD PARTY PROVIDERS.  Third party providers supply some of the information on the Site and Company accepts no responsibility for errors, omissions, inaccuracies or misleading statements which may appear anywhere on this Site or in relation to the Service, whether or not they were supplied by third party providers. Company has no control whatsoever over the actions or inactions of third party providers. Company is not responsible for third party failure to perform, breach of contract, or any action, intentional or negligent, which results in any loss, injury, delay, or damage to you or your property or to anyone traveling with you, or to the property of that party. Company cannot and does not guarantee third party provider reservations, timeliness, employee conduct or performance.
8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms and Conditions of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND  (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (including the negligence of Company, its officers, directors, agents, or employees), strict liability or any other legal theory or form of action.
11. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms and Conditions of Use shall govern your use of any and all third party content.
12. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.  You are also prohibited from using the Site or its Contents for any resale or commercial use including any downloading or copying of product listings, descriptions, or prices or any downloading or copying of account information for the benefit of another merchant.  The Site or its Contents may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purposes without express written consent of Company.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site and Company and its affiliates without express written consent.  You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any violation of these terms and conditions or any unauthorized use immediately terminates the permission or license granted to you by Company.
13. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or Service, your violation of these Terms and Conditions of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. GOVERNING LAW. These Terms and Conditions of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the Los Angeles, California, USA in all disputes arising out of or related to the use of the Site or Service.
15. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
16. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
17. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms and Conditions of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and Conditions of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
18. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM.