Last updated: March 8, 2024

These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and Strates LLC, a Delaware Limited Liability Company doing business as Funqtion (hereinafter referred to as “Funqtion,” “we,” or “us”), the owner and developer of the website https://funqtion.co and its alternative address https://fqn.co (collectively, the “Site”) and online application (the “App”, and together with the Site, the “Platform”). This Agreement applies to all visitors, users, subscribers, members, contributors, experts, analysts, and others who access the Services (collectively, the “Users,” or “you”).

The “Services” include collectively:

  1. The use and access to our Platform, offering features that allow Users to find information about LGBTQIA+ social events in the United States, (the “Events”);
  2. The “Subscriber’s Features”, accessible to those Users who have signed up for and hold an account (the “Subscribers”); and
  3. Our social media accounts, including our Instagram account (the “Instagram Account”) and any online services provided in connection therewith, as further described in this Agreement.

Each component or feature of the Services may be governed by distinct rules pertaining to use and access. In cases where specific rules apply to only a portion of the Services, those rules will govern that particular part. Some aspects of the Services may necessitate the creation of an account, and others may require payment for use or access. Your ability to access and utilize these aspects of our Services is contingent upon meeting these requirements.

By accessing the Platform or using any Services, you agree to be bound by all the terms (the “Terms”) outlined in this Agreement, including the Code of Conduct, and Privacy Policy. You consent to the collection and use of your information as set forth in our ‘Privacy Policy’, whether you are a registered Subscriber to our Services or not.

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater, to use the Services. By using the Services, you represent and warrant that you meet this age requirement. Further, you may not be prohibited by law from accessing or viewing sexually explicit content.

IF YOU DO NOT AGREE TO THE TERMS, YOU WILL NOT BE PERMITTED TO ACCESS ANY OF THE SERVICES.

The Terms are subject to change at any time, effective upon notice to you.

YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. FUNQTION RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.

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1. Limitations of Liability and Indemnification

By using any Services, you agree that in no event will Funqtion, its officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special, or consequential damages as a result of your accessing the Platform and using any of the Services. You indemnify and agree to defend and hold harmless Funqtion, its officers, employees, agents, affiliates, licensees, and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of the Services, including but not limited to any breach by you of the Terms contained in this Agreement, misrepresentation, negligence, breach of fiduciary duty, negative publicity, and consumer protection laws.

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2. Access to and Use of Our Services

2.1 Access and Use. Your access and use of our Services are governed by this Agreement. Continuous access and use in the future are conditional upon your adherence to the Terms and, if applicable, the provisions of any additional agreements relating to components or features of the Services. We reserve the right to restrict or temporarily or permanently prohibit your access to or use of any part or all of the Services. Your access and use of some of our Services may require that you create an account, without which you will not be able to access and use these parts of the Services.

2.2 Availability. The Services may occasionally be inaccessible for certain periods of time so that we may perform necessary maintenance work. We will use commercially reasonable efforts to schedule this maintenance outside of typical business hours. You acknowledge that we do not guarantee continuous and uninterrupted availability of the Services. Further, you understand that access to our Services may be limited or interrupted due to circumstances beyond our control, including but not limited to issues with internet connectivity or the devices used to access the Services. We cannot be held responsible for such limitations or interruptions, and any resulting unavailability will not constitute a breach of this Agreement on our part or be viewed as a failure to provide the Services.

2.3 Responsibility for Use. You understand and agree that you are solely responsible for your actions and decisions related to interacting with individuals you encounter online via the Services. You understand that Funqtion does not conduct psychological evaluations or background checks on the Users who may utilize the Services. You understand and agree that it is incumbent upon you to exercise reasonable precautions prior to engaging with others, either online or in person, through the Services. These precautions may include, but are not limited to, exchanging emails before sharing personal information and arranging any in-person meetings in public locations.

2.4 Support. Should you encounter an issue accessing or using our Services, please contact us at [email protected] during our regular business hours. We aim to respond to your query within a reasonable timeframe. While we cannot guarantee a resolution to every support request, we assure you that we will make commercially reasonable efforts to address and resolve your concerns. In the event of a dispute with other Users, we recommend that you seek outside advice from your legal counsel to fully understand your rights and options. Funqtion is not a party to any dispute between Users, and we do not arbitrate, mediate, or decide the outcome of such disputes.

2.5 Personal Use and Limited Promotional Use.The Platform and the Services are provided by us for your personal, non-commercial use only. Notwithstanding the foregoing, Subscribers who host Events are permitted to promote their hosted Events on the Platform, provided that such promotion does not breach or violate any third-party rights; and otherwise complies with all other terms and conditions of this Agreement. You agree not to use the Platform or the Services for any other commercial or business purposes without obtaining our prior written consent.

2.6 Section 230(d) Notice. This Platform contains material of an adult nature. Users are hereby informed that the operators of this Platform may not be treated as the publishers or speakers of any information provided by any Subscriber or another information content provider. Parents are advised to use parental controls, available through many commercial online services and software providers, to limit access by minors to content that may be harmful to them.

2.7 18 U.S.C § 2257 Obligations. Subscribers who post or share adult-oriented content must comply with 18 U.S.C § 2257 and maintain appropriate records verifying that individuals depicted are over 18 years old. It is the responsibility of each Subscriber to understand and adhere to these obligations.

2.8 Prohibition of Child Sexual Abuse Material (CSAM). Funqtion has a zero-tolerance policy for any content or activities related to Child Sexual Abuse Material (“CSAM”). Any such material or activities, including, but not limited to, the display, upload, distribution, storage, or promotion of CSAM, are strictly prohibited on our platform. Any Subscriber found to be engaging in, distributing, or in possession of CSAM will have their account terminated immediately. Funqtion will cooperate fully with any legal investigations related to such material, which may lead to the reporting of the Subscriber to law enforcement agencies. It is every User’s responsibility to report any sightings or suspicions of CSAM on Funqtion immediately at [email protected]. Funqtion reserves the right to use automated tools and human moderation to detect and remove CSAM content. Subscribers found attempting to circumvent these measures will face immediate account termination.

2.9 Prohibition of Prostitution and Sex Trafficking. Funqtion strictly prohibits the use of its Services for any activities related to prostitution, solicitation, or sex trafficking. This includes, but is not limited to, promoting, facilitating, or advertising such activities. Subscribers found engaging in, promoting, or endorsing prostitution or sex trafficking activities, directly or indirectly, will have their accounts terminated immediately. Any such activities may also be reported to law enforcement authorities. Users are encouraged to report any content or activities they suspect to be related to prostitution or sex trafficking at [email protected]. Funqtion will treat these reports with the utmost seriousness and will take appropriate actions. Funqtion reserves the right to use automated tools and human moderation to detect and combat any content or activities that violate this policy. Subscribers found attempting to circumvent these measures will face immediate account termination.

2.10 Sex Offenders Prohibited. Funqtion is committed to ensuring the safety and well-being of its community members. As a measure to uphold this commitment, any individual who is required to register as a sex offender with any state, federal, or local sex offender registry is strictly prohibited from creating or maintaining an Account on Funqtion.

Funqtion prides itself on being a sex-positive platform. This means we believe in and promote a positive and open view of sexuality in all its forms, provided they are consensual and respectful. While using our Services, you acknowledge and accept that you may come across Subscriber-generated content that may be considered objectionable, explicit, or sensitive in certain contexts or cultures. Such content is the sole responsibility of the Subscriber who originated it, and Funqtion does not endorse or guarantee the accuracy, completeness, or quality of any content made available through its platform.

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3. Subscribers and Events

3.1 Subscribers’ Features. In connection with the Services, Funqtion may provide information and insights related to Users. Further, Funqtion provides Users who have signed up for and hold an account (the “Subscribers”), access to separate services (the “Subscribers’ Features”) which include the ability to share and manage Events.

3.2 Becoming a Subscriber. An account must be created to become a Subscriber. In order to maintain the quality and integrity of our platform, Funqtion reserves the right to allow account creation exclusively for those who have obtained an invitation code.

3.3 Our Role and Limitations. Funqtion provides a platform that enables Users to publish and discover Events. Our role is solely as a facilitator, and we do not take an active part in the organization, validation, publishing, or execution of these Events.

Interactions Between Users: Please be aware that Funqtion does not monitor or adjudicate interactions between Users. We bear no responsibility for disputes, communications, or any other interactivity between Users.

Event Listings and Details: While Subscribers may post Event details on the Platform, Funqtion does not does not undertake the responsibility to review, verify, or approve these details. As such, we are not responsible for inaccuracies, misrepresentations, or any other issues related to the Events’ content posted by Subscribers.

Event Execution: Funqtion has no control over the actual happening of the Events, including any unforeseen changes, postponements, or cancellations. Users who decide to RSVP or attend Events do so at their own discretion and risk.

No Refunds or Remedies: If an Event is canceled, misrepresented, or contains inaccuracies, Users cannot hold Funqtion liable or seek remedies. We are under no obligation to offer refunds, compensation, or any form of redress for issues stemming from Events listed on our Platform.

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4. Third-Party Services

Our Platform and Services may contain links to websites, content, online calendars, tools, or materials from third parties (“Third-Party Services”). For example, we operate an Instagram Account. You acknowledge and agree that Funqtion does not control and is not responsible for these Third-Party Services, including their use of your information. When using our Services, you may incur fees from these third parties or be subject to their terms and policies, such as terms and conditions of use and privacy policies. You agree to pay any such fees and abide by those terms and policies. We do not endorse, approve, or verify the information, materials, products, or services contained in or accessible through any Third-Party Services by including any links to them.

Access and use of Third-Party Services are governed by their respective terms of use and privacy policies. We strongly encourage you to review these policies and terms of any Third-Party Services accessed through our Services. Funqtion is not responsible or liable for your use or inability to use any Third-Party Services, or for any information contained in them.

Funqtion shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to your use of or reliance on content, goods, or services available through third-party websites or resources. YOU AGREE THAT ACCESSING AND USING THIRD-PARTY SERVICES, INCLUDING THEIR INFORMATION, MATERIAL, PRODUCTS, AND SERVICES, IS AT YOUR SOLE RISK AND DISCRETION.

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5. Your Account

5.1 Setting Up An Account. Access to the Subscribers’ Features requires you to set up an account. You will be able to create an account by completing our sign-up form, agreeing to this Agreement, and, if applicable, accepting any additional agreement necessary for your use of our Services. You will also need to provide the required information as specified in the sign-up form. If you have not registered before accessing and using any part of our Services that requires an Account, you will be prompted to fill out the sign-up form for registration. To create an account, you must provide your name, your phone number, and a valid and active email address that you have access to. Upon completion of this information, you will have the option to receive a 6-digit PIN either through a text message to the provided phone number or via an email to the provided email address. To proceed with the account creation process, you must enter this 6-digit PIN, thereby confirming the validity of your phone number or email address and your intent to create an account.

5.2 Information Provided By You. The information you provide must pertain to you and should be accurate, truthful, and in compliance with our Code of Conduct. We cannot be held responsible for any errors in the provision of our Services that result from inaccurate or false information provided by you. You have the ability to edit the Personal Information associated with your account in Account Settings.

5.3 Account Rules. If your use of our Service requires an account, the following rules apply, in addition to those stipulated elsewhere in this Agreement. You may register only one account per unique email address and individual. This account can be accessed solely using your email address. You bear the responsibility of maintaining the confidentiality of any activity conducted through your account. Selling, transferring, permitting any other person to access your account, or offering to do so, is deemed a breach of this Agreement. If you become aware of any unauthorized access to your account, you must notify us immediately. Furthermore, you bear responsibility for any activities occurring under your account. In the event of any unauthorized use of your account, or any other security breach, you must contact Funqtion immediately. Funqtion is neither responsible nor liable for any loss or damage resulting from your failure to comply with the provisions of this Agreement.

5.4 Account Monitoring. Funqtion reserves the right, but is not obligated, to monitor any and all User activity and materials posted and shared by Subscribers in connection with the Services and shall have the right to remove any information it reasonably deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Platform.

5.5 Account Suspension, Deactivation, and Termination. Your account remains active until terminated either by you or us. You may terminate your account at any time by emailing [email protected]. We reserve the right to suspend or terminate your account at any time, without prior notice or limitation. Upon termination of your account, you will lose access to information provided during registration and any other data accumulated through your use of the Services, and such information will be non-refundable.

However, the posts of Events and related content may remain accessible and stored on our servers, unless required otherwise by law. Funqtion reserves the right to reactivate any accounts at any time following voluntary or involuntary termination.

Your use of your account must comply with this Agreement, including, for avoidance of doubt, the Code of Conduct. Breaching this Agreement may lead to indefinite suspension or immediate termination of your account without prior notice and without any right to refund or set-off, or a hearing.

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6. Codes of Conduct

As a condition of the use of our Services, every User agrees to adhere to our Code of Conduct. By using our Services, you affirm that you have thoroughly reviewed and consented to the Code of Conduct, which is incorporated into this Agreement by reference and is subject to future amendments.

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7. Content Ownership Throughout our Services

7.1 Ownership and License of Materials. All materials contained within our Services, including but not limited to, Event details, text, design, graphics, logos, icons, images, audiovisual clips, downloads, interfaces, code, and software, as well as the compilation and arrangement thereof (collectively referred to as the “Materials”), are the exclusive property of Funqtion, our licensors, or third parties, including but not limited to, materials on websites that our Services link to or materials provided by other users of our Services. These Materials are protected by copyright, trademark, and other applicable laws. Unless explicitly granted broader rights or unless those rights are specifically limited by us, you are permitted to access the Materials for your personal and non-commercial use only. Any other utilization of the Materials, including but not limited to any commercial use, modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer, sale, or the creation of derivative works from any content, information, or software obtained from the Services, is strictly prohibited.

We, our licensors, and third parties, including but not limited to, websites linked to by the Services, retain full and complete ownership of the material provided on the Services, inclusive of all associated intellectual property rights. We grant you a license, revocable at our sole discretion, to use this material solely for the purpose of using the Services. We neither warrant nor represent that your use of the materials contained in the Services will not infringe upon the rights of third parties.

Unlawful use of contact information or any other personal information (as defined in the Privacy Policy), provided through the Services, including but not limited to marketing purposes, is strictly prohibited.

7.2 Trademarks. Trademarks, logos, and service marks displayed through Services are our registered and unregistered trademarks, or of our subsidiaries, our licensors or content providers, or of other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on the Platform shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Platform without the owner’s prior written permission, except as otherwise described herein.

7.3 Your Content. You hold full responsibility for any communications, images, sounds, flyers, or other material and information that you upload, generate, or transmit through our Services or that is transmitted through third-party websites to our Services (collectively referred to as your “Content”). The following rules govern our use of your Content:

You grant us, upon the uploading or transmission of your Content, a global, perpetual, irrevocable, sublicensable, transferable, assignable, non-exclusive, and royalty-free right and license to utilize, reproduce, disseminate, adapt, modify, translate, create derivative works from, publicly perform, publicly display, digitally perform, produce, allow production of, sell, offer for sale, and import your Content. This includes all copyrights, trademarks, trade secrets, patents, industrial rights, and all other intellectual and proprietary rights associated therewith, in any media now known or subsequently developed, for any purpose, whether commercial or non-commercial. This is inclusive of granting your Content to others, without any compensation to you. To the fullest extent permissible by the laws of your jurisdiction, you waive any moral rights you may have in your Content.

We reserve the right to modify and moderate your Content. You are aware and acknowledge that your Content hosted by Third-Party Services (e.g., Instagram) will not be stored on our servers but will be embedded as an in-line link. You are aware and acknowledge that your Content will be made publicly available through our Services and other Users of the Services will be granted a license to your Content pursuant to Section 7.1 of these Terms.

Users may have access to and make use of Content published by Subscribers (“Subscriber Content”) strictly in accordance with the Terms. It is explicitly stated that no rights, licenses, or permissions are granted in respect to Subscriber Content beyond those expressly stipulated in Section 7.1 of this Agreement. Any attempt to use Subscriber Content outside of the Terms constitutes a breach of the Agreement, and may result in immediate termination of your Subscription, along with any appropriate legal action.

7.4 Third Party Links. Our Services may contain links to other websites, which could be operated by us, our affiliates, or third parties (e.g., Instagram). We are not responsible for the content of these or any other websites, or any products or services that might be offered through these or any other websites. A link to another website does not imply an endorsement of that site, or any product or service offered on that site, by us or our licensors. If you come across a link that contravenes this Agreement, we encourage you to inform us immediately.

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8. Rights to Likeness

By subscribing, you hereby grant Funqtion an irrevocable, non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display your name, the Events you RSVP’ed for and the Events that you have published, and any other identifying information (excluding any personally identifiable information as regulated by applicable privacy laws) you provide to Funqtion or that are generated as a result of your use of the Services. This license is granted in relation to, but not limited to, advertising, promoting, and improving our Services. The nature and extent of such use is at Funqtion’s sole discretion. You acknowledge and agree that you are not entitled to any compensation or other payment from Funqtion in connection with your use of the Services. You hereby release and discharge Funqtion from any and all claims, actions, and demands arising out of the use of your likeness, including, without limitation, any and all claims for invasion of privacy, infringement of your right of publicity, defamation, and any other personal and/or property rights.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law in accordance with our Digital Millennium Copyright Act (DMCA) Takedown Notice.

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10. Representations

You represent and warrant that:

  • you have the full right and power to enter into this Agreement and perform any of the actions mentioned throughout our Services;
  • you comply with the entire Agreement and, if applicable, any additional agreement;
  • you comply with all applicable federal, state, and local laws, ordinances, and regulations, as they relate to the Agreement;
  • you will update any and all information you have provided us, should it change;
  • any content you upload to the Platform does not infringe upon any third-party rights, including but not limited to copyrights, trademarks, patents, trade secrets, privacy rights, or other proprietary rights, and that you have obtained all necessary permissions or authorizations to share, display, and distribute said content;
  • you do not undertake any action which infringes third party rights or constitutes a breach of any contractual obligation to a third party, in particular any third-party service providers, such as but not limited to social media platforms (i.e. Instagram);
  • any and all information you submit or communicate to us through our Services is truthful, not false, misleading, inaccurate, or constitutes a deceptive or fraudulent act;
  • you will keep your access credentials secure and confidential and will notify us immediately of any unauthorized access to your Account;
  • you will not share your account with anyone else or transfer it to anyone else without our prior written consent;
  • you omit any action designed to interfere with the proper function of any software, hardware, or equipment of ours, such as but not limited to uploading software viruses, malware, code, or programs;
  • none of your content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we won’t be liable for any use or disclosure of your content, and that your content shall not violate any third-party rights; and
  • you do not undertake any of the following actions: (a) damage or get unauthorized access to any system, data, password, or other information on; (b) impose an unreasonable load on our infrastructure, or on our third-party providers, whereas we reserve the right to determine what’s reasonable; (c) use any kind of software or device, whether it is manual or automated, to “crawl” or “spider” any part of the Platform; (d) take apart or reverse engineer any aspect of the Services, if applicable in an effort to access things like source code, underlying ideas, or algorithms.

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11. Warranties

  • Funqtion provides the Services on an “as is” basis and does not make any warranty, express, implied, limited or other with respect to the Services provided. Funqtion does not warrant that the Services will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the Services will be corrected.
  • Funqtion does not guarantee the authenticity, accuracy, reliability, or completeness of any information, data, or other material provided by Subscribers or otherwise presented in connection with the Services, and is not responsible for any loss resulting from your reliance on such information.
  • Funqtion is not affiliated with the Subscribers, and no Subscriber is an agent of Funqtion. Funqtion is not responsible for any information provided by Subscribers in connection with the Services, or elsewhere. Funqtion does not screen its Subscribers, and you should conduct your own due diligence. It is possible that other Subscribers will post or send obscene or offensive materials on the Platform. It is also possible that by using your name, other people may, through other means outside the control of the Platform, have access to personal information about you. Funqtion, its employees, agents, affiliates, licensees, and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
  • It is your responsibility to understand and comply with any applicable laws and regulations in your jurisdiction.

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12. Jurisdiction

Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) arbitrator sitting in New York County, New York. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in Section 1. of this Agreement, but shall not be empowered to award direct, indirect, incidental, special or consequential damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.

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13. Severability

If any provision is found to be invalid, the remaining provisions will be in full force and effect.

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14. Certification

You certify that you are at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is greater, and that your answers to the registration materials on the Platform will be truthful. In accessing the Platform and using the Services, you understand and agree that basic information concerning you, will be published on the Platform for others to view along with your name. Your email address is kept confidential. YOU MUST BE AT LEAST 18 YEARS OF AGE, OR THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION, WHICHEVER IS GREATER, TO REGISTER, ACCESS AND USE ANY OF THE SERVICES. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS PLATFORM FOR ANY PURPOSE.

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15. Entire Agreement

This Agreement constitutes your entire Agreement with Funqtion with respect to any Services.

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16. Waiver

The failure of Funqtion to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Funqtion must be in writing and signed by an authorized representative of Funqtion.

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