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® CO2Tank 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

Your California Privacy Rights.

California law requires us to ensure the privacy of our customers’ personal information. California law also requires us to provide information to you regarding our Privacy Policy and the designated means by which you may inquire about our policy.

We at ClubCannon.com, a California Limited Liability Corporation (“ClubCannon.com”), value our customers and take issues regarding privacy very seriously. Please read this Privacy Policy to learn more about the ways in which we use and protect your personal information. Except as otherwise provided in this Privacy Policy, we do not sell, trade or rent the personal information you voluntarily share with us to third parties for marketing purposes without your express consent. As described in this Privacy Policy, we do, however, share your information with the third party vendors who operate the online store and shopping cart located on our Web site(s) and who process the credit and/or debit card transactions.

ClubCannon.com’s Privacy Policy describes the personal information we collect about you, why we collect it, and how we use it. Our Privacy Policy also describes the choices you can make about how we collect and use your information. If applicable, you may opt out of our information sharing by contacting us in accordance with Section 4 below. To do so, you may contact us as follows:

Call us at 1 (888) 804-8175;

Email us at: Info@ClubCannon.com; or

2. Write us at: ClubCannon.com

Privacy Policy Issues

874 Via Esteban, STE B

San Luis Obispo, CA 93401

If our information practices change in the future, we will post an updated Privacy Policy on the Web site(s). You can tell if the Privacy Policy has changed by checking the revision date that appears at the end of this policy. You may exercise your choices about how we collect and use your information at any time.

Note that this Privacy Policy does not apply to the practices of companies that ClubCannon.com does not control, or to people that ClubCannon.com does not employ or manage. The online store and shopping cart on our Web site(s) are operated by Bubblestorm Management PTY Limited (which does business as “WooCommerce”), and the merchant processors for the site(s) are PayPal, Inc. (“PayPal”) and Stripe (“Stripe”). Please refer to WooCommerce and/or PayPal’s, and/or Stripe’s respective Privacy Policies for specific information about how WooCommerce, PayPal or Stripe may use your personal information in connection with your purchases at the online store or any advertising offered by either company.

The Web site(s) may be enhanced by Google’s advertising management system. Please refer to Google’s Privacy Policy and any of Google’s related policies for specific information about any Google advertising appearing on the Web site(s) and/or how Google may use your personal information as you use the Web site(s). This Privacy Policy does not apply to the practices of companies, such as Google, that we do not control or to people that we do not employ or manage. ClubCannon.com shall have no responsibility for the use or misuse of your personal information by Google.

Table of Contents.

1. Overview of our Privacy Policy.

2. How does ClubCannon.com use my information?

3. Does ClubCannon.com share my information with third parties other than WooCommerce, PayPal and Stripe?

4. How do I OPT OUT of receiving promotional communications?

5. How do I access my information? How do I change or delete my information?

6. How does ClubCannon.com protect children’s privacy online?

7. What are cookies? How does ClubCannon.com use cookies on its Web site?

8. California Do Not Track Notice.

9. How does ClubCannon.com protect and use customer information?

10. Is my information secure?

11. What about links to other Web sites and services?

12. Updates to our Privacy Policy.

13. Governing Law; Limitation of Damages; Entire Agreement.

1. Overview of our Privacy Policy.

In accordance with California Civil Code Section 1798.83, as amended from time to time, when you visit the Web site(s) or request information from us, we collect personal information, such as your name, address(es), electronic mail address, telephone number and business affiliation. We also collect this information when you set up an online account with us, save or post any information online with us, participate in any surveys or promotions sponsored by us, or sign up to receive our newsletter or other promotional mailings. We may maintain a record of your interests and inquiries.

The online store and shopping cart located on the Web site(s) are operated by WooCommerce. Among other things, WooCommerce manages the store pages and ordering system. In addition, PayPal & Stripe manage all order and customer credit or debit card data. In connection with your use of the shopping cart and purchase of our products, it is likely WooCommerce and/or PayPal or Stripe collect information about your shopping experience. Please refer to WooCommerce and/or PayPal’s and/or Stripe’s respective Privacy Policies, which govern the use of your personal information by WooCommerce, PayPal and Stripe respectively. ClubCannon.com shall have no responsibility for the use or misuse of your personal information by WooCommerce and/or PayPal and/or Stripe.

2. How does ClubCannon.com use my information?

We use the information we collect to deliver information on the Web site(s) about the products and/or services you requested, to provide you with information about related products and services, to provide our newsletter or other promotional materials, to improve the Web site(s), and to better administer and troubleshoot problems with the Web site(s).

When you request information from us, we use your personal information to respond to you via phone, mail or e-mail in accordance with your request. We may also use your address and e-mail address to send you information about ClubCannon.com’s products, services, events and promotions. If you participate in a promotion (online or over the phone), we may use your personal information to send you e-mails, mail, or telephone calls (including text messages) regarding ClubCannon.com’s products, services, and promotions. From time to time, we may use this information to contact you via e-mail, mail, or telephone to learn more about your preferences. You always have the choice not to receive marketing information mailings or calls; you just need to let us know.

We may also use the information about your interests and purchases from WooCommerce to help us improve the site design and your online experiences. We may contact you, subject to the choices you have made, via e-mail, mail or telephone, to conduct market research and learn more about how we can improve our offerings.

To serve you better, we may combine information you give us and information about your interests with information from third parties, including demographic information and information that is publicly available. We may also combine this information with information from WooCommerce. We use that combined information to enhance and personalize your online experience with us and to communicate with you in accordance with this Privacy Policy.

3. Does ClubCannon.com share my information with third parties other than WooCommerce, PayPal and Stripe?

ClubCannon.com will not share your personal information with third parties for marketing purposes; provided, however, we may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, affiliates and advertisers. In accordance with Google’s policies, however, Google may monitor your activity on the Web site(s). In addition, ClubCannon.com’s contracts with service providers to maintain and manage our customer information, for the e-commerce portion of the Web site(s), to fulfill promotions, and to communicate with our customers. We do not authorize any of these service providers to make any other use of your information.

ClubCannon.com reserves the right to disclose information about you as required by law, in response to legal process and law enforcement requests, and as necessary to protect the property, interests and rights of ClubCannon.com, its authorized affiliates, and others. In addition, ClubCannon.com may disclose information we possess about you as part of a merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the unlikely event of insolvency, bankruptcy, or receivership in which your personal information would be transferred as one of the business assets of the company. We do not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this Privacy Policy.

4. How do I OPT OUT of receiving promotional communications?

We want to communicate with you only if you want to hear from us. If you prefer not to receive promotional information from us, or if you do not want us to use your information to enhance your online experience, you may OPT OUT of receiving our promotional communications at no cost to you. You should be aware that you will need to OPT OUT each time you contact us electronically by means of the Web site(s) or save your information online.

To OPT OUT, please let us know by calling us at 1 (888) 804-8175, by emailing us at info@ClubCannon.com, or by mailing your written request to ClubCannon.com, Privacy Policy Issues, 874 Via Esteban, STE B. San Luis Obispo, CA 93401. Please be sure to include your full name and the addresses (mail and e-mail) you submitted to us. If you ask us to remove your name and address from promotional lists, we will maintain your name in our “do not contact” list to ensure that we can honor your request. Note that it may take up to four (4) weeks to process your opt out request, during which time you may continue to receive communications from ClubCannon.com.

Opting out with ClubCannon.com does not mean you have opted out with Google, WooCommerce,PayPal or Stripe, or that you can avoid Google’s advertising management system as it is used on the Web site(s). Please consult these third parties’ respective Privacy Policies and related policies for information regarding any related OPT OUT opportunities.

If you would like to request information about what we collect, please feel free to call or write us as well. In accordance with California law, we will respond in writing to your request within thirty (30) days.

5. How do I access my information? How do I change or delete my information?

You may ask us to update your personal information by e-mailing or writing us with your new information or by logging into your online account with us.

6. How does ClubCannon.com protect children’s privacy online?

ClubCannon.com is concerned about the safety of children when they use the Internet and the Web site(s). Children (persons under the age of 18) are not eligible to use the Web site(s) unsupervised, and we ask that children do not post any comments or reviews to our blog or electronic bulletin board, if any, or submit any personal information to us. If you are under the age of 18, you may only use the Web site(s) or participate in any online sweepstakes in conjunction with and under the supervision of your parents or guardians. We will never knowingly request personally identifiable information from anyone under the age of 18.

7. What are cookies? How does ClubCannon.com use cookies on its Web site?

A “cookie” is a small data file that Web sites often store on your computer’s hard drive when you visit their sites. A cookie may contain information, such as a unique user ID that Web sites use to track the pages of the sites you’ve visited. A cookie may also collect technical information which is not personally identifiable such as the type of Internet browser you are using, the types of computer operation system you are using, and the domain name of the Web site from which you linked to the Web site(s). An HTTP referrer is a tool that allows Web sites and servers to identify from where people are visiting for promotional or security purposes. We may have an HTTP referrer tool implemented on various Web sites on the Internet which will identify how you arrived at the Web site(s). We do not otherwise track any information about your use of other Web sites.

We use cookies in order to improve your online experience. We use cookies in connection with the login and posting of information on the blog or electronic bulletin board, if any, available on the site. Through our use of an HTTP referrer tool, we may also track and maintain the identity of the Web site you visited immediately prior to visiting the Web site(s). We do not otherwise track any information about your use of other Web sites.

In accordance with WooCommerce’s Privacy Policy, WooCommerce may use cookies and other pieces of code such as Web beacons in connection with the login available on the site and/or to enhance your shopping experience on the site. A Web beacon allows a Web site to count users who have visited that page or to access certain cookies. For information regarding the WooCommerce-related cookies, please consult WooCommerce’s Privacy Policy. Likewise, for information regarding any PayPal or Stripe related cookies, please consult PayPal and/or Stripe’s Privacy Policy.

You can deactivate cookies by turning them off in your browser. If you turn off cookies, though, you may hinder your online experience and you may be unable to receive or use some of the features of the Web site(s), to order products, to log into your online account with us, or to post any information to our blog or electronic bulletin board, if any.

In addition, in accordance with Google’s Privacy Policy, Google may independently employ cookies or other pieces of code such as Web beacons on our site through its analytics or advertising management system. To the extent used by Google, a Web beacon allows a Web site to count users who have visited that page or to access certain cookies. For information regarding the Google-related cookies and other coding, please consult Google’s Privacy Policy or related policies.

8. California Do Not Track Notice.

Do Not Track (“DNT”) is a mechanism for allowing Internet users to control the tracking of their online activities across Web sites. Currently, various browsers (including, but not limited to, Internet Explorer, Firefox and Safari) offer a DNT option that relies on a technology known as a DNT header which sends a signal to Web sites visited by the browser user about the user’s DNT preference. You can usually access your browser’s DNT option in your browser’s preferences. We do not track our customers over time and across third party Web sites to provide targeted advertising and therefore currently do not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so third parties (particularly advertisers) know you do not want to be tracked.

9. How does ClubCannon.com protect and use customer information?

We are committed to protecting the security and integrity of our customer information, and we use procedures and technology designed for this purpose. For example:

a. We limit access to customer information to those employees or independent contractors who have a business reason to know this information.

b. We maintain policies and procedures covering the physical security of workplaces and records.

c. We use technological means (such as backup files, virus detection software, firewalls and other computer software and hardware) to protect against unauthorized access or alterations to customer data.

10. Is my information secure?

We believe your data must be protected against loss and unauthorized access. On our e-commerce pages, WooCommerce, PayPal and Stripe use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption, firewalls and Secured Socket Layer (SSL) encryption technology. SSL technology, an industry standard, is designed to prevent someone other than the operators of the Web site(s) and our e-commerce providers from capturing and viewing your personal information. In addition, to provide our customers with an increased level of security, online access to track your order(s) requires your e-mail address and corresponding order number(s) and your account is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. ClubCannon.com will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or e-mail messages). While our third party vendors employ many different security techniques to protect such data from unauthorized access, perfect security does not exist on the Internet, and ClubCannon.com does not ensure or guarantee the security of any information you transmit to us on the Web site(s) or the accuracy of any information displayed on the Web site(s) or in connection with Google’s advertising management system, WooCommerce’s online store/shopping cart, PayPal’s payment processing services, or Stripe’s payment processing services. We do not accept liability for unintentional disclosure.

By using providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Web site(s). If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Web site(s) or sending an email to you. You may have a legal right to receive this notice in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at sales@ClubCannon.com.

11. What about links to other Web sites and services?

ClubCannon.com’s Web site may contain links to other sites beyond ClubCannon.com’s control. ClubCannon.com is not responsible for the content or practices of any linked Web sites, and we provide these links solely for the convenience and information of our visitors. ClubCannon.com does not control the privacy policies or practices of these Web sites. This Privacy Policy does not cover the collection of information by those other companies and/or Web sites. Although we encourage third parties to provide their own privacy policies, ClubCannon.com is not responsible and shall not be liable for their activities, such as how they handle the information they collect online. You should review those policies before providing any personal information.

12. Updates to our Privacy Policy.

From time to time, we may use information, including personal information, for new, unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change regarding information previously collected, we will take reasonable efforts to provide notice and obtain consent to any such uses as required by law.

We may amend this Privacy Policy at any time by posting the amended terms on the Web site(s). All amended terms shall automatically be effective thirty (30) days after they are initially posted on the site. Your continued use of the Web site(s) after any change to this Privacy Policy will constitute your acceptance of such changes.

13. Governing Law; Limitation of Damages; Entire Agreement.

This Privacy Policy is governed by the laws of the State of California. Venue for any dispute arising under this Privacy Policy shall be in the courts in and for San Luis Obispo County, California. By your use of our site, you agree to be bound by the terms and conditions contained in this Privacy Policy. To the extent you may maintain any claims for liability against ClubCannon.com arising from a potential violation of this Privacy Policy or to the misuse of your personal information, you agree that your recovery for damages is expressly limited to those provided in California Civil Code Section 1798.84, as may be amended from time to time.

This Privacy Policy together with ClubCannon.com’s policies posted on our site(s) and Terms of Use constitute the entire agreement between you and ClubCannon.com regarding the use of ClubCannon.com’s Web site(s) and supersede any and all previous and contemporaneous oral and written agreements between you and ClubCannon.com regarding your use of the Web site(s).

Effective Date: September 14, 2018

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.