Terms and Conditions
Website Terms and Conditions Agreement
This Website Terms and Conditions Agreement (the “Agreement”) is a contract between you, the user (“User”), and Whirly Board, LLC (the “Company”), an e-commerce retailer based in Hazelhurst, WI that sells balance boards in the United States and internationally. This Agreement applies to all of the Company’s websites, print and digital assets.
The Company provides various services, including access to its websites, sale of balance boards, and other related services (the “Services”) through its websites (the “Websites”). By accessing the Websites, User agrees to comply with and be bound by all of the terms and conditions set forth in this Agreement. User should read this Agreement carefully before accessing the Websites.
1. ACCEPTANCE OF TERMS
User agrees to the terms and conditions outlined in this Agreement with respect to the Websites and agrees that these terms and conditions constitute a binding contract between User and the Company. User is only authorized to use the Websites if User agrees to abide by all applicable laws and this Agreement.
2. MODIFICATION
The Company reserves the right to modify this Agreement at any time. User agrees to review the Agreement periodically to be aware of such modifications and User’s continued access or use of the Websites shall be deemed User’s conclusive acceptance of the modified Agreement.
3. USE OF THE WEBSITES
The Websites provide access to various Services which include the sale of balance boards. User may not use the websites for any illegal purpose or in any manner that would damage, disable, overburden, or impair any of the Company’s servers, or the networks connected to any of the Company’s servers. User may not use any of the Company’s resources to solicit or advertise any services or products to other users or third parties. User may not use the Websites to transmit any software or other materials that contain viruses, worms, trojan horses or other harmful or disruptive components. User may not use any robot, spider, or other automatic device or manual process to monitor or copy the Websites or the content contained therein without prior written consent from the Company. User agrees to only use the Websites for User’s personal, non-commercial use.
4. SMS MARKETING
By using our website and opting in to our SMS marketing services, you agree to receive SMS messages from us containing promotional offers, updates, and other relevant information. You acknowledge and consent to the collection, storage, and processing of your mobile phone number and any associated personal information for the purpose of delivering these SMS messages. You understand that standard messaging and data rates may apply, depending on your mobile service plan. You are solely responsible for any charges incurred as a result of receiving SMS messages from us. You have the right to opt out of our SMS marketing at any time. To unsubscribe, simply follow the instructions provided in the SMS or contact our customer support. Please note that it may take some time to process your request, and you may continue to receive SMS messages during this period.
We value your privacy and take measures to protect your personal information. We do not sell, rent, or disclose your mobile phone number or personal information to third parties for their marketing purposes without your explicit consent. However, we may share your information with trusted service providers who assist us in delivering SMS messages and managing our marketing campaigns, but only to the extent necessary for them to perform their services on our behalf. Please review our comprehensive privacy policy for more information on how we collect, use, and protect your data. Your use of our website and participation in SMS marketing constitute your acceptance of these terms and conditions.
5. COPYRIGHT
The content of the Websites is protected by applicable copyright and trademark laws. The Websites and their entire contents are the exclusive property of the Company and its licensors and may not be copied, reproduced, modified, distributed, republished, posted, or transmitted in any form without prior written consent from the Company.
6. PRODUCT RETURN POLICY
The Company reserves the right to accept or reject any returns for balance boards purchased from the Websites. All approved returns must follow the instructions provided by the Company. Such instructions include, but are not limited to, the use of Company provided shipping and return labels.
7. DISCLAIMER OF WARRANTIES
The Company disclaims all warranties and liabilities of any kind with respect to the Websites and the Services. The Company makes no warranties that the Websites will be uninterrupted, timely, secure, or error-free. The Company makes no warranties as to the results that may be obtained from the use of the Websites or as to the accuracy or reliability of any information obtained through the Websites.
8. LIMITATION OF LIABILITY
User agrees that the Company shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the Websites or the Services.
9. INDEMNIFICATION
User agrees to indemnify and hold the Company, its officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Websites, the violation of this Agreement, or infringement by User, or other user of the Websites using User’s computer, of any intellectual property or any other right of any person or entity.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Wisconsin, without regard to its principles of conflicts of law.
11. SEVERABILITY
If any provision of this Agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.
12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between User and the Company regarding the use of the Websites and supersedes any prior agreements between User and the Company.
13. CONTACT
If you have any questions or comments about this Agreement, please contact us at info@whirlyboard.com.
