TERMS AND CONDITIONS
Use of the Club Cannon® products is subject to the following Terms and Conditions:
Club Cannon® products (collectively, the “Product” or “Products”) are not toys. Any misuse of the Products could be extremely dangerous. Club Cannon® Products use carbon dioxide under high pressure to create special effects similar to a fog machine. They are not air cannons and should not be used to shoot projectiles in any fashion. Never place objects of any kind inside the barrel. Never aim or fire the Products at any person or living thing. Never hit any person or object with any of the Products. The Products are meant to be used only in well-ventilated areas. When using the Products, make sure you are in an open field or a well-ventilated area and are at least fifteen (15) feet away from people or other living things. Never hold a Club Cannon® Product by the barrel, especially after it has been used as it becomes extremely cold. Once the Product is attached to the CO2 tank and the tank is turned on, the gas passing through the Product will be under pressure. Do not disconnect the fitting connecting the hose to the Product until the tank has been turned off and the remaining gas has cleared through the hose to release the pressure. Stationary Club Cannon® units (collectively, the “Jets”) should be mounted or fixed in a safe place. When using the Jets above the ground, always use a safety cable in the event the Product’s mount or fixture should fail for any reason. You must supply the safety cable(s) to use with the Jets. If you are under 18, you should not be using the Products.
Carbon dioxide is known as an asphyxiant gas. Carbon dioxide poisoning has been linked to various health issues, including central nervous system damage, permanent deterioration of respiratory functions, suffocation or even death. If you have any health concerns that may be related to the Product’s use of carbon dioxide, consult your doctor before using any of the Products. To the extent you may have problems with your back, consult your doctor before using any of the Products in a portable fashion (such as, for illustration purposes only, using the Club Cannon® CO2 Tank Backpack).
You must supply the carbon dioxide tank to use with the Products. Club Cannon, LLC, a California limited liability company (the “Company”), accepts no responsibility for claims, damages, losses or injuries arising from the tank or any malfunction thereof.
Acknowledging the foregoing, you voluntarily assume all risks associated with the use of the Products with the full knowledge and appreciation of the risks involved.
The Company disclaims any liability for product defect claims that are due to misuse, improper product selection and/or misapplication of the Products. The Company offers a limited one year, (365) day warranty for each of the Products. If, during the ninety (365) day warranty period (the “Warranty Period”), which shall commence on the original purchase date, a specific component of the Product fails, the Company will repair or replace it at no cost to you. Notwithstanding the foregoing, the purchaser is responsible for all shipping charges associated with sending the Product to the Company for repair and for its return to the purchaser. If, however, any component of the Product fails after the expiration of the Warranty Period, the warranty coverage does not extend to those components or to any damage they may cause. After the expiration of the Warranty Period, the Company shall not be responsible for the performance of the Products, including any component(s) that were repaired or replaced. This limited warranty shall not apply to failure caused by accident, alterations, misuse or abuse of the Products. This warranty is not transferrable. At all times, the purchase price of the Products shall be nonrefundable. Notwithstanding the foregoing, the Company may, in its discretion, accept the return of a new, unused Product in re-saleable condition subject to a twenty-five percent (25%) restocking fee and payment by the purchaser of all shipping charges associated with the return of the Product to the Company. All returns must be received by the Company, within 30 days of the original purchase date. If the Company determines, in its reasonable discretion, that the returned Product has been used, no refund shall be issued to the purchaser.
The Products are provided on an “as is” with all faults basis and with no warranty except the express warranty set forth above. To the maximum extent permissible by law, the Company disclaims all other warranties, including, but not limited to, the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The use of the Products is at the sole risk of the user. Under no circumstances shall the Company, its members, managers, officers, agents, employees, successors or assigns be liable for any injuries or damages whatsoever to any person or property arising from the use of the Products, which shall include, but not be limited to, consequential, incidental, special, exemplary or punitive damages. To the maximum extent permissible by law, the Company’s liability in all events is limited to, and shall not exceed, the purchase price paid for any Product that gives rise to any liability.
Excluding any services provided to you by the Company under a separate written agreement, these Terms and Conditions constitute the entire agreement between you and the Company regarding the use of the Products and supersede any and all previous and contemporaneous oral and written agreements between you and the Company regarding your use of the Products.
Club Cannon® and its associated logo are trademarks of the Company. You may not use any of the Company’s trademarks or logos without the Company’s prior written consent. Unless otherwise noted, all materials, including but not limited to the Company’s Web site(s), all articles, text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, audio clips, all menu pages, underlying HTML code, and software that is part of the Web site(s), are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by the Company or are otherwise part of the public domain.
The Company’s Web site(s) (excluding linked sites) is controlled by the Company from its office within the State of California, U.S.A. By accessing the Web site(s) and/or purchasing the Products, you and the Company agree that all matters relating to your access to, or use of, the Web site(s) and/or the Products shall be governed by the statutes and laws of the State of California, without regard to conflicts of laws principles. You and the Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Luis Obispo County and the United States District Court for the Central District of California with respect to such matters. Those who choose to access the Web site(s) and/or purchase the Products from locations outside California shall be responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, you agree that the Company shall still be allowed to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
Except for any claim seeking the exercise of the injunctive or equitable powers of a court of competent jurisdiction, any action to enforce or interpret this Agreement, or to resolve disputes with respect to this Agreement, shall be settled by arbitration in accordance with California Code of Civil Procedure Sections 1280 through 1294.2 and any successor provisions thereto. The provisions of California Code of Civil Procedure Section 1283.05 regarding the right to take depositions and obtain discovery shall apply to the arbitration. Arbitration shall be the exclusive dispute resolution process. Any party may commence arbitration by sending a written demand for arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved by arbitration. The place of arbitration shall be in the County of San Luis Obispo, California. The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. The parties shall share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement of attorneys’ fees, costs, and expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. The arbitrator (if permitted under applicable law) or such court may issue a writ of execution to enforce the arbitrator’s decision.
If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Company as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Any failure by the Company to enforce or exercise any provision of these Terms and Conditions or related rights shall not constitute a waiver of that right or provision.
If any legal proceeding, arbitration or other action is brought or threatened for the enforcement or interpretation of these Terms and Conditions, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of these Terms and Conditions, and the prevailing party in any such action(s) should incur any legal fees, including, but not limited to, attorneys’ fees, paralegal fees, expert witness fees and other similar costs, the successful or prevailing party or parties to any such dispute or action shall be entitled to recover their reasonable attorneys’ fees and additional legal costs incurred, together with any other relief to which they may otherwise be entitled, as determined by an arbitrator, judge at trial, or upon appeal or petition.
The Company may make changes to these Terms and Conditions from time to time. When changes are made, the Company will post a new version of the Terms and Conditions on the Web site(s) and enclose a copy of the then-applicable Terms and Conditions in future purchases of the Products.
Effective Date: April 2015