Terms of Use

 
 
TERMS OF USE Welcome to Funk Away! Please review the following basic terms that govern your use of the website funkaway.com (the “Site”) and your purchase of products from our Site. Please note that your use of the Site constitutes your agreement to follow and be bound by these Terms of Use (the “Agreement”). Please read the Agreement carefully. If you do not consent to be bound by this Agreement, or even any part of the Agreement, you must not use this Site. From time to time, we may change the terms of the Agreement that govern your use of the Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. Because we may change, move or delete portions of the Agreement, or may add to the Agreement from time to time, you agree to review the terms of the Agreement each time you use the Site to determine whether new terms have been incorporated into the Agreement. Introduction You must be at least thirteen (13) years of age to use the Site. By using the Site you warrant and represent that you are at least thirteen years of age. License to use the Site Unless otherwise stated B2Z PRODUCTS, and/or its licensors own the intellectual property rights in the Site and material on the Site. Subject to the license below, all these intellectual property rights are reserved. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are protected by copyrights and international treaty provisions owned, controlled or licensed by B2Z PRODUCTS, INC., or its affiliates (collectively, “B2Z PRODUCTS”). The Site as a whole is protected by copyrights and constitutes trade dress and all worldwide rights, titles and interests in and to which are owned by B2Z PRODUCTS. Funkaway.com and all other B2Z PRODUCTS trademarks appearing at this Site are trademarks of B2Z PRODUCTS. The Contents of this Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents of the Site. Therefore, you agree that you will not:
  1. republish material from the Site (including republication on another website);
  2. sell, rent or sub-license material from the Site;
  3. show any material from the Site in public;
  4. reproduce, duplicate, copy or otherwise exploit material on the Site for a commercial purpose; or
  5. edit or otherwise modify any material on the Site.
Acceptable use You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without B2Z PRODUCTS’ express written consent. You must not use the Site to transmit or send unsolicited commercial communications. You must not use the Site for any purposes related to marketing without B2Z PRODUCTS’ express written consent. User content In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Site, for whatever purpose, including, but not limited to, all social media content or comments postings. You grant to B2Z PRODUCTS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to B2Z PRODUCTS the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or B2Z PRODUCTS or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. B2Z PRODUCTS reserves the right to edit or remove any material submitted to the Site, or stored on B2Z PRODUCTS’ servers, or hosted or published upon the Site. Notwithstanding B2Z PRODUCTS’ rights under this Agreement in relation to user content, B2Z PRODUCTS does not undertake to monitor the submission of such content to, or the publication of such content on, the Site. Product Information Most of the Products of B2Z PRODUCTS displayed on the Site are available from select retailers in the United States. In some cases, Products displayed for sale at the Site may not be available through other retailers’ stores. The prices displayed on the Site are quoted in U.S. Dollars. Compliance with the Law and Resale Sales You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Products on our Site or this Agreement. You agree and represent that you are buying any Products offered for sale on the Site for your own personal use only, and not for resale. Links to Other Web Sites and Services To the extent that this Site contains links to outside websites, services and resources, you understand, acknowledge and agree that B2Z PRODUCTS does not control the availability or content of such website, services or resources, and that you shall not seek to hold B2Z PRODUCTS responsible for any issues you experience with any such website, services and resources. Any concerns regarding any such website, service or resource, or any link thereto, should be directed to the particular outside website, service or resource. No warranties The Site is provided “AS IS” without any representations or warranties, express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. B2Z PRODUCTS makes no representations or warranties in relation to the Site or the information and materials provided on the Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that B2Z PRODUCTS shall not be liable for any damages of any kind related to your use of the Site. Without prejudice to the generality of the foregoing paragraph, B2Z PRODUCTS does not warrant that:
  • the Site will be constantly available, or available at all; or
  • the information on the Site is complete, true, accurate or non-misleading.
Nothing on the Site constitutes, or is meant to constitute, advice of any kind. You acknowledge and agree that the Site and all Contents are intended for general consumer informational purposes only; that neither this Site nor any Contents are intended to constitute, and do not constitute, the practice or furnishing of medical or professional health care advice, diagnosis, consultation, treatment, content, data, software, information, products and/or services; and that you will always consult with your qualified medical provider for medical or health care advice, diagnosis, consultation, treatment, content, data, software, information, products and/or services. Limitations of liability To the maximum extent permitted by law, B2Z PRODUCTS will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Site:
  • for any direct, indirect, special or consequential loss including without limitation any costs of replacing personal property; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if B2Z PRODUCTS has been expressly advised of the potential loss. Exceptions Nothing in the disclaimers on the Site will exclude or limit any warranty implied by law where it would be unlawful to exclude or limit such warranty. Reasonableness By using the Site, you agree that the exclusions and limitations of liability set out in the Site are reasonable. If you do not think they are reasonable, you must not use the Site. Other parties You accept that, as a limited liability entity, B2Z PRODUCTS has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against B2Z PRODUCTS’ officers or employees in respect of any losses you suffer in connection with the Site. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Site disclaimer will protect B2Z PRODUCTS’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as B2Z PRODUCTS. Unenforceable provisions If any provision of the Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Site disclaimer. Indemnity You hereby indemnify B2Z PRODUCTS and undertake to keep B2Z PRODUCTS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses, attorneys’ fees and any amounts paid by B2Z PRODUCTS to a third party in settlement of a claim or dispute on the advice of B2Z PRODUCTS legal advisers) incurred or suffered by B2Z PRODUCTS arising out of any breach by you of any provision of the Agreement, arising out of any claim that you have breached any provision of the Agreement and/or arising out of your use of the Site. Breaches of the Agreement Without prejudice to B2Z PRODUCTS’ other rights under the Agreement, if you breach the Agreement in any way, B2Z PRODUCTS may take such action as B2Z PRODUCTS deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you. Assignment B2Z PRODUCTS may transfer, sub-contract or otherwise deal with B2Z PRODUCTS’ rights and/or obligations under the Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Agreement. Severability If a provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in full effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Entire agreement This Agreement incorporates as through fully set forth herein the WarrantyPrivacy Policy and Return Policy listed on this Site, all of which constitute the entire agreement between you and B2Z PRODUCTS in relation to your use of this Site and/or purchase of any Products from B2Z PRODUCTS, and which supersedes all previous agreements in respect of your use of the Site and/or purchase of any Products. Law and jurisdiction The Agreement will be governed by and construed in accordance with Illinois law, without regard to any conflicts of law provisions to the contrary. Any disputes relating to or arising out of the Agreement will be subject to the exclusive jurisdiction of the courts of Cook County, Illinois. Registrations and authorizations B2Z PRODUCTS is registered with the state of Illinois. You can find the online version of the register here. B2Z PRODUCTS’ registration number is 04098684. B2Z PRODUCTS contact details can be found here.

Warranty

 
 
Warranty B2Z PRODUCTS’ warranty obligations for any product you purchase through this website (the “Product”) are limited to the terms set forth herein. B2Z PRODUCTS warrants the Product against defects in materials and workmanship under normal use for a period of six (6) months from the date of original purchase (the “Warranty Period”). If a defect arises and a valid claim is received by B2Z within the Warranty Period, B2Z PRODUCTS will replace the Product with a new product. B2Z PRODUCTS warrants replacement products provided hereunder against defects in materials and workmanship from the date of replacement for ninety (90) days or, if longer, for the remainder of the Warranty Period. If the Product is exchanged, the replacement product becomes your property and the Product becomes B2Z PRODUCTS’ property.  This limited warranty does not include the cost of shipping the original Product back to B2Z PRODUCTS. Exclusions and Limitations B2Z PRODUCTS’ limited warranty applies only to the Product when purchased through its website or an authorized reseller, and applies only to the original, end-use purchaser. The warranty does not apply to any non-B2Z PRODUCTS’ product, even if packaged or sold with the Product. This warranty applies only to the normal use of the Product, in accordance with written use instructions, if any, provided with the Product (either in writing or through a hyperlink to such instructions). This warranty does not apply to damage caused by accident, abuse, misuse, or modification of the Product.  This warranty does not apply to any damage caused to the Product by normal wear and tear of the Product. This warranty excludes without limitation any scratching, surface or other damage to any non-B2Z PRODUCTS’ product, even if packaged with or sold with the Product. This warranty does not apply to any equipment or other item to which the Product is applied. No Other Warranties To the maximum extent permitted by law, this warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, express or implied. B2Z PRODUCTS specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. If B2Z PRODUCTS cannot lawfully disclaim or exclude implied warranties under applicable law, then to the extent possible any claims under such implied warranties shall expire on expiration of the Warranty Period. No B2Z PRODUCTS reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. Damages Limitation To the maximum extent permitted by law, B2Z PRODUCTS is not responsible for direct, or for special, incidental, punitive or consequential damages resulting from any breach of warranty or condition, or under any other legal theory whatsoever, including without limitation any costs of replacing personal property, even if B2Z PRODUCTS has been advised of the possibility of such damages.  To the maximum extent permitted by law, the entire liability of B2Z PRODUCTS shall be limited to replacement of the Product, or the amount actually paid by you for the Product. Consumer Protection Laws For consumers who have the benefit of consumer protection laws or regulations in their place of purchase or, if different, their place of residence, that cannot be disclaimed or limited as set forth above (“consumer laws”), the benefits conferred by this warranty are in addition to all rights and remedies conveyed by such consumer laws. To the extent that liability under such consumer laws may be limited, B2Z PRODUCTS’ liability is limited to replacement of the Product, or the amount actually paid by you for the Product. Obtaining Warranty Service If you wish to make a claim under this warranty with respect to the Product, please submit a Return Merchandise Authorization (“RMA”) request below. After obtaining an RMA number, the defective Product must be returned to B2Z PRODUCTS before any warranty service will be provided. You are responsible for all shipping and other costs associated with returning a defective Product to B2Z PRODUCTS. Original proof of purchase may be required to complete your warranty service request. Please fill out the form below for an RMA Number. We do not process returns without an RMA Number.

RMA Form

  Name Email address Phone number Order number Date purchased Reason for return   [Insert Box to check for “I have read, understood and agree to the Warranty / Return policies.”]   After submitting your form, please allow about 3 business days for processing. If approved, you will receive an email from B2Z PRODUCTS with your RMA Number and further instructions on how to complete your request.     

Shipping & Returns

 
 
SHIPPING AND RETURNS Shipping Your shopping cart reflects an estimated shipping cost, based on the shipping method you chose. This cost assumes all items in your cart are going to a single address within the contiguous United States. Some items may require special handling due to their size and/or weight, which will result in an additional charge. When we process your order we will make any necessary adjustments in shipping costs and notify you of changes via email. Rates are subject to change without notice. Returns You may return most new, unopened items which were not special orders within 30 days of delivery for a full refund. Items should be returned in their original packaging. We’ll also pay the return shipping costs if the return is a result of our error (if you received an incorrect or defective item, etc.). All such returns will be subject to a 15% restocking fee. Special order items may be returned at our discretion. We will not accept returns on merchandise that was opened, used, is missing the serial number or UPC, or returned more than 30 days after delivery. If you would like to make a return or exchange, you must contact us by phone or email and receive a Return Merchandise Authorization (“RMA”) number before returning your items. Items returned to us without notification will not be eligible for a refund or exchange. 

Privacy Policy

 
 
PRIVACY POLICY Notice Your privacy is important to B2Z PRODUCTS, INC. This Privacy Policy provides information about the personal information that we collect, and the ways in which we use that personal information. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website funkaway.com (our “Site”) and our practices for collecting, using, maintaining, protecting and disclosing that information. By accessing or using the Site, you agree to this Privacy Policy (the “Policy”), as it may change from time to time. This Policy applies to information we collect:
  • On the Site.
  • In e-mail, text and other electronic messages between you and this Site.
  • Through mobile and desktop applications you may download from this Site, which provide dedicated non-browser-based interaction between you and this Site.
What information do we collect? We collect information from you when you register on our site, place an order or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. We collect the domain names and IP addresses of our visitors for statistical purposes, in order to measure use, to improve the content or responsiveness of our site or to customize the content or layout of the site for the individual visitor. We do not disclose this information to third parties. We may also aggregate information relating to our visitors’ traffic patterns from the data that we collect and retain concerning the IP addresses and domain names of our visitors, and we may divulge such aggregate information about our users with third parties such as our business partners, distributors, and service and support providers. We maintain a log file of all actions that are initiated or facilitated using our Site in order to capture, record and store data concerning the transaction. Access to this data is restricted to internal usage by authorized B2Z PRODUCTS employees who administer our network and Site. You may visit our Site anonymously if you wish, by using appropriate software or web services available from or through third parties. What do we use your information for? Any of the information we collect from you may be used in one of the following ways: 1. To personalize your experience. (your information helps us to better respond to your individual needs) 2. To improve our Site (we continually strive to improve our Site offerings based on the information and feedback we receive from you) 3. To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs) 4. To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. How do we protect your information? We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. We suggest that you change your passwords often, that your passwords include a combination of letters and numbers, and that you make certain that you are using a secure browser. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. In addition, please note that if you post reviews or comments on the Site, any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in comments on our site. Do we use cookies? Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.) We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service. Do we disclose any information to outside parties? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In addition, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. California Online Privacy Protection Act Compliance We value your privacy; therefore, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of our Site may make any changes to their information at any time by logging into their control panel and going to the “Edit Profile” page. Children’s Online Privacy Protection Act Compliance We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older. Third Party Sites Our Site may contain links to other sites. When you click on one of these links you are being transferred to a website operated by someone other than B2Z PRODUCTS, and the operator of that website may have a different privacy policy. B2Z PRODUCTS does not share your personal information with these websites and is not responsible for their individual privacy practices. We encourage you to investigate the privacy policies of these operators. Online Privacy Policy Only This Policy applies only to online information collected through our website and not to information collected offline. Your Consent By using our Site, you consent to our Policy. Changes to our Privacy Policy If we decide to change our Policy, we will post those changes on this page. Contacting Us If there are any questions regarding this Policy you may contact us using the information below. B2Z Products, Inc. 1817 Waukegan Rd. Waukegan, IL 60085 Contact Us