Please read these terms and conditions carefully before using this website. Using this website confirms your acceptance of these terms and conditions. Do not use this website if you do not accept these terms and conditions.
(1) Use of this Website: The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are the property of Funwirks.com and/or a third-party, including but not limited to Funwirks.com and Funwirks.com, and are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute, or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
(2) Intellectual Property: All copyrights on this site are owned by Funwirks.com and/or a third party, including but not limited to Funwirks.com and Funwirks.com, who allowed Funwirks.com to use such copyrights on this website. Assume that everything you read or view on this website is copyrighted or otherwise protected and owned by Funwirks.com or some third party who has allowed Funwirks.com the right to use such material. You may not copy or use anything on this website without the prior written consent of Funwirks.com; provided, however, you may print individual pages for your own personal, non-commercial use. Funwirks.com and its logo are trademarks of Funwirks.com and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without the prior written permission of Funwirks.com. Funwirks.com makes no warranties or representations that your use of any materials displayed on this website will not infringe any third-party rights.
(3) Products, content, and specifications: All features, content, specifications, products, and prices of products described on this website are subject to change at any time without notice. Certain measures and descriptions are approximate and are provided only for your convenience. Funwirks.com makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors. The actual color you see, however, may depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
(4) Shipping Limitations: When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
(5) Accuracy of Information: Funwirks.com attempts to ensure that information on this website is complete, accurate, and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or recentness of any information on this website. For example, products included may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
(6) Linking to this Website: Creating or maintaining any link from another website to any page on this website without Funwirks.com prior written permission is prohibited. Running or displaying this website or any material displayed on this website in frames or through similar means on another website without Funwirks.com prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rules, and regulations.
(7) Third Party Links: This website may contain links to websites that are not owned, operated, or controlled by Funwirks.com. All such links are provided solely for your convenience. Funwirks.com is not responsible for the content of such other sites. Funwirks.com does not endorse, guarantee, or make any representations or warranties regarding any other websites or their contents. If you decide to access another website linked to or from this website, you do so at your own risk.
(8) Inappropriate Material: You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Funwirks.com will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Funwirks.com to disclose the identity of anyone posting such materials.
(10) Termination: You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
(11) Disclaimers: YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Funwirks.com DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS ON THIS WEBSITE. THE MATERIALS ON THIS WEBSITE MAY BE OUT OF DATE, AND Funwirks.com MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Funwirks.com HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Funwirks.com HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. Funwirks.com MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
(12) Limitations of Liability: The information on this website is provided “as is” and without warranties of any kind, either express or implied, including all warranties of merchantability and fitness for a particular purpose. Funwirks.com makes no representations or warranties about the accuracy, completeness, or suitability of any of the material on this website. Funwirks.com makes no warranty that the website will be available, uninterrupted, free of errors, or free of viruses or other harmful components. Funwirks.com makes no warranty that you will achieve successful results from following any instructions or directions on this website. Funwirks.com may provide links to third-party websites, and we are not responsible in any way for the content of or products or services offered on those websites.
IN NO EVENT WILL Funwirks.com, ITS RESPECTIVE MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCT THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURN POLICY POSTED ON THIS WEBSITE.
(13) Revisions to these Terms and Conditions: Funwirks.com may, at its discretion, revise, amend, or remove these Terms and Conditions at any time. You should visit this page periodically to review the current Terms and Conditions, which are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website.
(14) Choice of Law/Jurisdiction: These Terms and Conditions supersede any other agreement between you and Funwirks.com to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Any action seeking legal or equitable relief arising out of or relating to this website shall be brought only in the courts of California or the United States District Court for the Districts of California. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.