GENERAL TERMS AND CONDITIONS OF BUSINESS AND CUSTOMER INFORMATION
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YOUR REPRESENTATIONS AND WARRANTIES
• You are at least 18 years old (or the applicable age of majority in your jurisdiction if such age of majority is greater than 18).
• You have the legal capacity and authority, as well as any necessary consents and permissions, to enter into such agreement.
• You are not aware of any reason why such agreement would be unenforceable by FUN FACTORY.
CLAIMS & RETURNS
FUN FACTORY offers a 2-year warranty on all rechargeable and battery-powered items purchased through FUN FACTORY directly or any Authorized Re-Seller. Please note that due to the nature of our products, claims are valid due to defective items only. Warranty replacement is only valid for same model or same value replacement in the case of discontinued or out-of-stock product. FUN FACTORY does not accept returns, as items cannot be resold due to health considerations. FUN FACTORY does not offer any grace period for returns for any reason other than defect or manufacturing error. Visit the Claims & Returns page for more information on warranty coverage and placing a warranty claim.
MONITORING OF WEB SITE
Please exercise discretion while browsing the Internet or using this Site. You should be aware that while using this Site you could be directed to other web sites by links and other features found on this Site. If you click on those links or other features, you may be visiting a web site that is not owned or operated by FUN FACTORY and over which FUN FACTORY has no control. For example, if you click on a banner advertisement, the click may take you to the web site of a company that is not related to FUN FACTORY and over which FUN FACTORY has no control. This includes links from advertisers, sponsors, content partners and other users that may use our logo(s) as part of a co-branding or affiliate agreement.
FUN FACTORY is in no way responsible for the content or availability of information found on any web site owned by a third party that may be linked to this Site by a hyperlink, whether such hyperlink is provided by FUN FACTORY or by a third party. By providing access to third party web sites or advertisements, FUN FACTORY is not endorsing the products or services provided by the owner or operator of such web sites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality or decency of material contained in third party web sites linked to this Site. We cannot ensure that you will be satisfied with any products or services you purchase from a third party web site that links to or from this Site or that you purchase through third party advertising or content on this Site. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services and content of third party web sites, including third party web sites accessible by links from this Site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.
RESTRICTIONS ON USE
You may not do any of the following directly or indirectly:
• Use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction conducted on this Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Use devices (including software) that are designed to probe, scan, or test the vulnerability of any system or network related in any way to this Site.
• Transmit to this Site, or use this Site, to transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware of telecommunications equipment.
• Redeliver any of the pages, text, images, or other content of this Site using "framing" technology.
• Collect or store personal data about other visitors to this Site.
• Create a link from a web site to any page of this Site unless the user or the operator of the other web site has executed our then standard agreement for the granting of permission to establish such a link.
To the extent we have assigned to you an account through this Site, you are entirely responsible for maintaining the confidentiality of your account and for all activities that occur under your account.
The materials on this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions on this site will be uninterrupted, error-free or secure, that defects will be corrected, or that this site or the servers that make such materials and functions available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on this site in terms of their timeliness, correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary maintenance, servicing, repair, or correction to the equipment and software you use to access this web site. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
We make every effort to ensure that the information on this website is accurate. However, we do not take responsibility or guarantee the accurateness, completeness or timeliness of the data and facts found here. FUN FACTORY is not liable for any inaccuracies and visitors should treat all information on an 'As-Is' basis without any representation or warranty.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall we be liable to you or any third parties for any direct, indirect, incidental, special, consequential, punitive or exemplary damages that result from the use of, or the inability to use, this site or materials or functions on this site, or from any damage or loss, interruptions, deletions of files, errors, defects, delays in performance of the site, regardless of the claim as to the nature of the cause of action, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you to FUN FACTORY USA, if any, for accessing this web site.
LIABILITY FOR LINKS
The external links connect to outside providers. The individual providers are responsible for their content. We have not adopted their content as our own. We have no control over the content of the links referred to on our website. We have not adopted them as our own, expressly distant ourselves from their content, and refuse any responsibility for their content.
The outside sites have been checked so far as it is possible for criminal content or other legal violations.
Should any legal violations become apparent, the links will be removed immediately.
COPYRIGHT AND TRADEMARKS
All contents and designs of the Web site are copyrighted unless otherwise noted and may not be used except as provided herein and without the express written permission of FUN FACTORY USA. The data and information included here, as well as images, may not be used without prior written consent of FUN FACTORY USA. Images of people or places displayed on the Web site are either the property of, or used with permission by, FUN FACTORY USA.
The use of these images by you is prohibited unless specifically permitted by the Terms and Conditions or by specific permission provided elsewhere on the Web site. Unauthorized use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.
FUN FACTORY USA will make every effort to respond to your customer queries, feedback and order information as quickly as possible. However, there may be delays in our response time to your request; order processing and customer service responses are attended to only during business hours, Monday through Friday. Please submit any requests by using the email forms located on our 'Contact Us' page, or by emailing email@example.com.
PROMOTIONS TERMS AND CONDITIONS
Promotions are, but are not limited to: Sales, Deals, Kits, Coupons and Discount Codes. We may introduce other sales incentives intermittently, which will also fall under these terms and conditions.
Only one promotion can be applied to each product purchased from the website. Please select the most effective option for your purchases.
Expiration date. All promotions have an expiration date and time. You must place your order before the expiration date / time. We do not guarantee promotions after the expiration date, nor for out-of-stock or items of limited availability.
This Site is controlled and operated by or on behalf of FUN FACTORY and its affiliates. We make no representation that materials or products offered on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with all applicable national and local laws. We may disclose user information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our website.
TERMINATION AND SUSPENSION
ADDITIONAL TERMS REGARDING PURCHASES
The following terms apply to all purchases from FUN FACTORY made through this Site unless superseded by inconsistent terms in a purchase order form:
1. By placing an order, you certify that you are able to pay for the item(s) in your order.
2. By placing an order though this Site you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address).
3. You are responsible for the accuracy of the information provided on your purchase order.
4. We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.
5. Due to some country, state and county laws, we may not be able to ship certain merchandise to your address.
6. We reserve the right to add and/or remove items from the Site, for any reason, at any time.
7. We reserve the right to limit quantities of items sold.
8. Unless otherwise stated, all prices are quoted in U.S. Dollars.
9. In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be incurred in connection with the shipment of your ordered item(s), regardless of when such additional charges are assessed.
10. We use our best efforts to ensure that the correct price is posted for each item on the Site. If, however, an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
11. Products available from the Site may be advertised on third party shopping websites. We are not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on this Site. In the event that a difference exists, information found on this Site governs your purchase from this Site.
12. All purchases from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.
13. No product purchased from this Site may be returned except in certain limited cases that may be specified in the purchase order. See Claims & Returns for full warranty and return information.
14. Attempts to stop payment on non-returnable items will be vigorously opposed by FUN FACTORY to the fullest extent of the law. In the event that any such action results in a judgment in our favor, we retain the right to recover, and you will be responsible for paying our reasonable attorneys' or related fees.
NOTICES AND ELECTRONIC COMMUNICATIONS
You agree to be bound by any affirmation, assent or agreement you transmit to this Site, including any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field on this Site with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Fun Factory USA, Inc.
3605 W. Pacific Ave.
Burbank, CA 91505
Tel: (818) 861-7600
Either of us may change the address to which notice is to be sent by written notice to the other pursuant to the provisions of this section. Please be aware that e-mails may be blocked by spam filters and similar software and that it may be necessary to confirm delivery by other means.
RESPONSIBLE FOR CONTENT OF DOMAIN:
Fun Factory USA, Inc.
3605 W Pacific Ave
Burbank, CA 91505
Tel.: (818) 861-7600