CONDITIONS OF USE

TheFarrisWheel.com provides their services to you subject to the following terms, conditions and provisions (Terms and Conditions).  By accessing, viewing, or using this site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and you accept and agree to be bound by these Terms and Conditions. 

THE FARRIS WHEEL, LLC reserves the right to change these Terms and Conditions at any time, for any reason, without notice, and your continued use of this site following modifications will be deemed to constitute acceptance of such modifications.
  
PRIVACY

Please review our Privacy Notice, which also governs your visit to THE FARRIS WHEEL, LLC, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit THE FARRIS WHEEL, LLC or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of THE FARRIS WHEEL, LLC or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of THE FARRIS WHEEL, LLC and is protected by U.S. and international copyright laws. All software used on this site is the property of THE FARRIS WHEEL, LLC or its software suppliers and is protected by United States and international copyright laws.

LICENSE AND SITE ACCESS

THE FARRIS WHEEL, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of THE FARRIS WHEEL, LLC.  This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of THE FARRIS WHEEL, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of THE FARRIS WHEEL, LLC and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing THE FARRIS WHEEL, LLC name or trademarks without the express written consent of THE FARRIS WHEEL, LLC. Any unauthorized use terminates the permission or license granted by THE FARRIS WHEEL, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of THE FARRIS WHEEL, LLC providing the link does not portray THE FARRIS WHEEL, LLC, its affiliates, or their products and/or services in a false, misleading, derogatory, or otherwise offensive
manner.  You may not use any THE FARRIS WHEEL, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. THE FARRIS WHEEL, LLC does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use TheFarrisWheel.com only with the involvement of a parent or guardian. THE FARRIS WHEEL, LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
THE FARRIS WHEEL, LLC welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site.  Any comments, ideas, suggestions, information, or any other content you contribute to THE FARRIS WHEEL, LLC, or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for THE FARRIS WHEEL, LLC to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content – without additional approval or consideration – in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary.    You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by THE FARRIS WHEEL, LLC will not infringe upon or violate the rights of any third party. 

Visitors may post reviews, comments, and other content; send e-cards and other communications; submit suggestions, ideas, comments, questions, or other information, providing the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.   THE FARRIS WHEEL, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.  THE FARRIS WHEEL, LLC has the right but not the obligation to monitor and edit or remove any activity or content. THE FARRIS WHEEL, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

THE FARRIS WHEEL, LLC and its affiliates respect the intellectual property of others.

RISK OF LOSS

All items purchased from THE FARRIS WHEEL, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

THE FARRIS WHEEL, LLC GENERAL DISCLAIMER

While THE FARRIS WHEEL, LLC endeavors to provide the most accurate, up-to-date materials available; the information, materials, photographs, products, services and product weights available on this site may include inaccuracies, typographical errors, or outdated information.  Moreover, THE FARRIS WHEEL, LLC may make modifications or changes to the site of the information, materials, products, and services described in this site at any time, for any reason. 

THE FARRIS WHEEL, LLC is not responsible for and need not honor typographical, weight, photographic or pricing errors on the site.  THE FARRIS WHEEL, LLC reserves the right to refuse or cancel orders at any time, including but not limited to orders that contain incorrect prices or product descriptions, orders in which THE FARRIS WHEEL, LLC believes the customer has violated applicable law, and orders that THE FARRIS WHEEL, LLC believes are harmful to THE FARRIS WHEEL, LLC or its affiliates.  THE FARRIS WHEEL, LLC also reserves the right to limit the number of items purchased or orders placed through this site.

PRICING

With respect to items sold by THE FARRIS WHEEL, LLC, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items may be incorrectly priced.  If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

SECURITY

This website has reasonable technical and organizational security measures in place to protect the loss, misuse, or alteration of information under our control.  However, THE FARRIS WHEEL, LLC cannot guarantee that unauthorized third parties will never be able to defeat those security measures or use your personal information for improper purposes

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY THE FARRIS WHEEL, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS.  THE FARRIS WHEEL, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FARRIS WHEEL, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE FARRIS WHEEL, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE FARRIS WHEEL, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE FARRIS WHEEL, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting TheFarrisWheel.com, you agree that the laws of the state of Kansas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and THE FARRIS WHEEL, LLC or its affiliates.   THE FARRIS WHEEL, LLC makes no representation that materials in this site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this site are illegal is prohibited.  Further, THE FARRIS WHEEL, LLC makes no representation that the products and services available for sale or use on this site are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited.  If you choose to access or make purchases from this site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

DISPUTES

Any dispute relating in any way to your visit to TheFarrisWheel.com or to products you purchase through TheFarrisWheel.com shall be submitted to confidential arbitration in Wichita, Kansas, except that, to the extent you have in any manner violated or threatened to violate THE FARRIS WHEEL, LLC’s intellectual property rights, THE FARRIS WHEEL, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Kansas, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS AND CONTACT INFORMATION

THE FARRIS WHEEL, LLC
7728 E. Central Avenue
Wichita, KS  67206
(316) 685-3000

information@thefarriswheel.com