TERM OF USE:
Welcome to the Funtote.com (“Site”). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may “bookmark” a particular portion of our Site and thereby bypass this agreement, your use of this site still binds you to the terms. We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed, so you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact our customer service department.
All Contents, including images, designs, icons, photographs, video clips, audio files and written and other materials that appear as part of this Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Funtote.com. The Site as a whole is protected by copyright and trade dress.
PRODUCT INFORMATION AND WARRANTIES:
Funtote.com has made a conscientious effort to display and describe its products and services on the site accurately. However, Funtote.com cannot and does not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services.
Our products displayed at the Site may be available in select stores in the United States and other selected countries while supply last. Sale prices on the Site are this-Site-only specials and do not reflect the pricing of the our affiliate stores and other websites.
THIRD PARTY WEB SITES AND LINKS:
This Site may contain links or references to other web sites maintained by third parties over whom Funtote.com has no control. Such links are provided merely as a convenience. Similarly, this web site may be accessed from third party links over whom Funtote.com has no control. Funtote.com makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such web sites and shall have no liability for any damages or injuries of any kind arising from such content or information.
Our Site may contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
You agree to defend, indemnify and hold Funtote.com, its officers and/or its employees harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE).
LIMITATION OF LIABILITY:
IN NO EVENT WILL Funtote.com BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF Funtote.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above exclusion or limitation may not apply to you.
This Terms of Agreement and your use of the web site shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.