TERMS & CONDITIONS

This privacy policy (“Privacy Policy”) describes the privacy practices that Everyfun Inc. (“Everyfun” or “us” or “we”) follows when collecting and using information about you on our website (https://www.Everyfun.com), Everyfun mobile applications, and any other channel or mobile feature that we operate (collectively, the “Services”). Please read these Terms and Conditions of Use (“Terms”) carefully before using our Web Site and the Services. If you choose to continue to use or access this Web Site after having the opportunity to read these Terms, you agree to the Terms hereof. If you do not agree to these Terms, please do not use the Web Site and exit immediately.

 

  1. Changes of the Terms of Use

 

We may modify or update these Terms of Use at any time and without prior notice. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. By using this Web Site, you agree to such terms and conditions, as well as these Terms and our Privacy Policy (available here) (collectively, the “Agreement”).

 

  1. Ownership, Copyright, & Trademarks

 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, Company names, trademarks, logos, and all related names, logos, product and service names, designs, and slogans and arrangement thereof) are owned by Everyfun, its licensors, or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site.

 

  1. Product Details

 

All features, content, specifications, products, and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store, however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. If you are unsatisfied with a product, you can return it to us in accordance with our Returns Policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements).

 

  1. Privacy Policy

 

Our Online Privacy and Security Policy is part of and is incorporated in these Terms of Use. To review our Online Privacy and Security Policy, click here. Your Comments, Product Reviews and Other Submissions We welcome your comments regarding this Site and encourage you to submit reviews of products you have used. Please note, however, any comments, feedback, suggestions, product reviews or other communications (collectively, "Comments") sent to us shall be and remain the exclusive property of Everyfun. Your submission of Comments will constitute an assignment to Everyfun of all worldwide rights, title and interests in all copyrights and other intellectual property rights in the Comments.

 

  1. Information on This Site Is Not Medical Advice

 

Please be aware that we are not familiar with your individual physical characteristics and health.

Neither the information published on this Site, including product descriptions, nor the information provided on any product label or packaging is intended as a substitute for advice from your physician, physical therapist, or other healthcare professional.

Before you begin an exercise program, you should get a medical checkup and always speak with your physician or other healthcare professional.

 

  1. Your Account

 

When you visit the Services without creating an account, you can browse without submitting Personal Information about yourself. In general, we collect Personal Information that you submit to us in the process of creating or editing your account and user profile on the Services or that you submit to us voluntarily through your use of the Services.

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

 

  1. THIRD-PARTY LINKS

 

We may provide you with access to third-party tools that are provided solely as a convenience to you. If you use these links, you will leave this Web Site. We shall have no liability for your use of optional third-party tools. If you decide to access any other web sites linked to or from this web site, you do so entirely at your own risk.

 

  1. Risk of Shipping

 

All items purchased through this Site are made pursuant to a shipment contract as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

  1. Community Guidelines

 

Our Services are intended to be a safe and supportive environment to help you reach your fitness and wellness goals.

You are prohibited from posting or sending 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. Such violations may subject the sender and his or her agents to civil and criminal penalties. If you violate the Community Guidelines, we reserve the right to terminate your access to the Services.

 

  1. Force Majeure

 

Neither Everyfun nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

 

  1. Entire Agreement

 

These Terms of Use contain the entire understanding and agreement between you and Everyfun with respect to your use of this Site, and supersede all previous agreements, whether oral, written or electronic. If you have any questions or comments, we invite you to contact our Customer Service Department by email at marketing@everyfun.com.

 

  1. Security

 

We use reasonable organizational, technical and administrative measures designed to preserve the security of your information. Unfortunately, data transmission over the Internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee the security of personal information. You should take steps to protect against unauthorized access to your password, phone, computer, and other devices by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private.