Legal documents can be no fun to read. However, we have partnered with our legal team to ensure our business is set up professionally and clearly outlines our policies and your rights as a consumer doing business with FunAir.
During your use of the Site, we may collect the following personal information from you: contact Information such as name, email address, mailing address, phone number and demographic information such as expected graduation year, education, gender, interests and zip code. In addition, as is true of most websites, we may also gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system. We may use this information to: Send you requested information Respond to customer service requests Send you a newsletter or other marketing communications Respond to your questions and concerns Improve our website and marketing efforts and otherwise assess the needs of our business Conduct research and analysis We may also disclose your personal information: As required by law such as to comply with a subpoena or similar legal process When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request If our company is involved in a merger, acquisition, or sale of all or a portion of its assets If you do not wish to receive marketing information from us, you may follow the unsubscribe instructions included in the emails you receive. We may provide your personal information to companies that provide services to help us with our business activities such as offering customer service or email service delivery. In addition, by submitting your personal information on our Site, you are hereby granting permission and making an “inquiry” to us, our affiliated entities, third party marketing partners/vendors to be contacted.
These Terms and Conditions are a legal agreement (this “Agreement”) between you (“you” or “your”) and Super Sweet Air, LLC dba FunAir (“FunAir” or “we”) governing your use of the FunAir.com website (the “Site”), your purchase of any product from FunAir (each, a “Product”), and your use of those Products. You hereby agree implicitly and without express written consent that you have read and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to abide by such terms, please do not purchase or use FunAir Products.
THIS AGREEMENT INCLUDES TERMS THAT SUBSTANTIALLY AFFECT YOUR RIGHTS, INCLUDING LIMITATIONS ON FUNAIR’S LIABILITY, DISCLAIMERS OF WARRANTIES, AND AN OBLIGATION TO ARBITRATE ANY DISPUTES WITH FUNAIR IN TEXAS. BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT (A) YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT AND THE EQUIVALENT OF A SIGNED, WRITTEN CONTRACT; (B) YOU WILL USE THE SITE AND THE PRODUCTS IN A MANNER CONSISTENT WITH THE APPLICABLE OWNER’S MANUAL AND ALL APPLICABLE LAWS AND REGULATIONS; (C) IF YOU ARE PURCHASING PRODUCTS ON BEHALF OF ANOTHER PARTY OR ENTITY, YOU ARE AUTHORIZED TO SIGN FOR AND BIND THE PARTY OR ENTITY FOR WHOM YOU ARE ACTING A REPRESENTATIVE OR OTHER AGENT; (D) YOU WILL NOT IMPERSONATE ANY PERSON OR ENTITY, MISREPRESENT ANY AFFILIATION WITH ANOTHER PERSON, ENTITY OR ASSOCIATION, USE FALSE HEADERS OR OTHERWISE CONCEAL YOUR IDENTITY FROM FUNAIR FOR ANY PURPOSE.
After you place an order on the Site, we will check the information you give us for validity, by verifying your method of payment and shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you provided with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
FunAir reserves the right to refuse service, including but not limited to, order fulfillment, customer support, and technical support, for any reason. A FunAir order invoice does not represent an actual acceptance of an order nor does it represent an offer to sell, rather, we reserve the right to decline an order for any reason, even after an order invoice is issued.
All orders shipped within Texas will be charged with the state sales tax. The current Texas sales tax rate is 8.25%. Customers ordering items to be shipped outside of Texas are responsible for all sales taxes and duties as assessed by their respective legislative authorities.
Shipments weighing under 150 pounds within the 48 contiguous states will be shipped common carrier including, but not limited to, United Postal Service, United States Postal Service, and FedEx. Shipments. Shipments weighing over 150 pounds within the 48 contiguous states will be shipped LTL carrier. Residential deliveries may require an additional lift gate charge to be determined at the sole discretion of the LTL carrier in your region. The Company offers white glove service for additional to move your product from the drop off point at your residence (usually the driveway or curb) to the products place of use within a reasonable distance from the shipping address. Shipping outside of the 48 contiguous states will be subject to additional or international shipping fees to be determined by the carrier. Rates initially quoted by the web site for international shipments are not finalized until the international carrier can quote a rate for FunAir. Notification of any revisions to your initial shipping rate quote will verified by FunAir and communicated to you within 2 business days of order placement.
FunAir will provide customers with tracking information including expected shipping dates, but FunAir will not be held responsible for any delays, damages or losses due to (but not limited to) natural disasters, acts of federal, state or local government, fires, floods, strikes, lockouts, freight embargoes, and acts of God. Customers can pursue claims for lost and damaged packages through the shipping courier.
Defective/Incorrect Product Return Conditions: Within 30 days of receipt of your product, contact us at firstname.lastname@example.org for instructions on how to obtain a return authorization for its replacement and/or return. Refunds will be made to the original credit/debit card used for the purchase. Refunds will be made to the original credit/debit card used for the purchase less any restocking fee.
Product Return Conditions:
In the event FunAir must pursue collections of any debt owed to it resulting from a sales transaction, including without limitation for fraud, credit card reversals, credit accounts, etc., FunAir will be entitled to actual costs associated with the collections, including, but not limited to, actual legal fees and costs, travel fees, airfare, mileage, lodging, and other necessary costs associated with the collections.
Product information displayed on the Site may become outdated without prior notice due to unanticipated changes brought on by the manufacturer. In an effort to serve our customers we strive to keep up to date with any revisions, however, we are not responsible for any variations in product specifications. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and FunAir reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, FunAir will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with FunAir’s Return Policy.
You may request a price quote for Products not shown on the Site. Price quotes are estimates only, and a FunAir sales representative or a technician may require additional information for accurate pricing.
FunAir may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, profiles, and postings on our Site; however, FunAir is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality, solicitations or inaccuracy contained in any information transmitted to any such locations on our Site. FunAir will cooperate with law enforcement or a court order requesting or directing FunAir to disclose the identity of anyone posting any information or material prohibited by this Agreement. FunAir may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of FunAir, its clients, or the public.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to FunAir on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site or otherwise (collectively, “Comments”) shall be and remain FunAir’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to FunAir of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments. Thus, FunAir will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. FunAir is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.
Our Site includes links to other Web sites whose privacy practices may differ from those of the FunAir.com Site. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.
During your use of the Site, we may collect the following personal information from you: contact Information such as name, email address, mailing address, phone number and demographic information such as expected graduation year, education, gender, interests and zip code. In addition, as is true of most websites, we may also gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system. We may use this information to:
We may also disclose your personal information:
If you do not wish to receive marketing information from us, you may follow the unsubscribe instructions included in the emails you receive. We may provide your personal information to companies that provide services to help us with our business activities such as offering customer service or email service delivery. In addition, by submitting your personal information on our Site, you are hereby granting permission and making an “inquiry” to us, our affiliated entities, third party marketing partners/vendors to be contacted.
FunAir offers a limited warranty against defects in material or workmanship for Products in possession of the original owner for the following time periods:
All customer warranty claims are subject to inspection of the Product by FunAir. Ordinary wear and tear will not invalidate the Limited Warranty. The limited warranty does not apply to damage resulting from accidents, misuse, alterations, natural disasters, improper handling or storage, improper maintenance and care, or abusive or negligent treatment of the product. If the product is evaluated by FunAir and is found defective during the warranty period, FunAir will bear the cost of shipping a repaired or replaced product in both directions; otherwise, all shipping costs will be borne solely by customer. This limited warranty is not a guarantee that the Product will not, through use, handling and storage, develop tears or punctures from time to time, the repair of which is your responsibility. These tears and/or punctures are not considered “defects” for purposes of this limited warranty. A repair kit is provided to you with the purchase of your Product to facilitate this type of repair. FunAir recommends that you perform regular safety inspections and have a thorough inspection before opening the inflatable, especially if it has been idle for over 3 months. Contact us at email@example.com for questions or concerns. FAILURE TO FOLLOW FUNAIR’S PRODUCT INSTRUCTIONS AND MAINTENANCE REQUIREMENTS WILL VOID THE FUNAIR LIMITED WARRANTY. YOUR USAGE OF FUNAIR PRODUCTS ON A HARD SURFACE BASE (ANY SURFACE OTHER THAN GRASS) CONSTITUTE IMPROPER USAGE FOR PURPOSES OF THE LIMITED WARRANTY. YOU MUST USE STAKES AND ALL TIE-DOWN TETHERS AT ALL TIMES TO INSURE THE SAFETY OF USERS AND THE PRODUCTS. FAILURE TO DO SO VOIDS THE FUNAIR LIMITED WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ABOVE, (A) FUNAIR’S PRODUCTS ARE PROVIDED “AS-IS” AND “WITH ALL FAULTS,” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNAIR, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “FUNAIR PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING SUCH PRODUCTS, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NON-INTERFERENCE; (B) FUNAIR AND THE FUNAIR PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, USEFULNESS, OR EFFECTIVENESS OF THE FORMS, DATA, REPORTS, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THIS SITE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (C) USE OF FUNAIR PRODUCTS IS ENTIRELY AT YOUR OWN RISK AND NEITHER FUNAIR NOR ANY OF THE FUNAIR PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR ANY INJURY OR DEATH ARISING OUT OF, RELATING TO, OR INCURRED DURING THE USE OF ANY FUNAIR PRODUCT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL FUNAIR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF FUNAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. FUNAIR SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. THE MAXIMUM AMOUNT OF FUNAIR’S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE SHALL BE THE AMOUNT PAID BY YOU FOR THE PRODUCT YOU PURCHASED. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. User hereby acknowledges that this paragraph shall apply to all Products purchased from FunAir, whether or not such Products have been purchased through the Site. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
You agree to assume liability for and agree to indemnify, protect, release, and hold the FunAir Parties harmless from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses, or disbursements (including legal fees and expenses) of any kind and nature in any way relating to or arising out of (i) this Agreement or the performance or the enforcement of any of the terms of this Agreement; or (ii) the purchase, lease, ownership, possession, use, operation, resale, or other disposition of the FunAir Products, including without limitation, any such activities that result in bodily injury, death, or damage to property. Company agrees that the FunAir Parties will not be liable to you for any liability, claim, loss, damage, or expense of any nature arising in strict liability or caused directly or indirectly by the inadequacy of the Products for any purpose, any deficiency or defect, the use or maintenance of the Products, any repairs, servicing or adjustments to the Products, or any delay in providing or failure to provide any Products. You agree to release the FunAir Parties from any liability for, and will protect, defend, and indemnify the FunAir Parties from and against, any and all claims, demands, and causes of action of every kind and character without limit and without regard to cause or causes of any claim, demand, or cause of action or the negligence of any party or parties, including, but not limited to, the indemnified party, arising in connection with any claim, demand, or cause of action for bodily injury, death, or damage to property.
All right, title and interest in the Site and the Products, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to FunAir or its licensors, and you shall have no rights whatsoever in any of the foregoing. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site or any Product, in whole or in part. All content and materials included as part of the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of FunAir or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and FunAir owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the Products provided pursuant to this Agreement may cause FunAir and its licensors irreparable injury, which may not be remedied at law, and you agree that FunAir and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.
The FUNAIR name and other related names, design marks, product names, feature names and related logos are trademarks of FunAir and may not be used, copied or imitated, in whole or in part, without the express prior written permission of FunAir. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of FunAir and may not be copied imitated or used, in whole or in part, without the express prior written permission of FunAir. Use by Children The Site is intended for use by individuals 13 years of age or older. Users under the age of 13 should get the assistance of a parent or guardian.
This Agreement shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction or the United Nations Convention on the International Sale of Goods, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Site, with the exception of claims for injunctive relief, shall be resolved in arbitration administered by the American Arbitration Association and located in Austin, Texas. You may not under any circumstances commence or maintain against FunAir any class action, class arbitration, or other representative action or proceeding. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against FunAir may be commenced only in the federal or state courts located in Travis County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and FunAir as a result of this agreement or use of the Site. The failure of FunAir to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FunAir in writing. Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority. If you have not entered into another written agreement with FunAir regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and FunAir and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and FunAir have entered into another written agreement regarding the subject matter set forth herein that is a written and signed agreement between you and FunAir, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.