TERMS AND CONDITIONS
Welcome to our online store! This website www.flowzie.com (herein after “flowzie.com”) is the property of Fluid n Motion, LLC (herein after “Fluid n Motion” or “we”), a Utah based company. Fluid n Motion and its associates provide their services to you subject to the following conditions. If you visit or shop within flowzie.com, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit flowzie.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. A representative of Fluid n Motion 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 Fluid n Motion or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Fluid n Motion, with copyright authorship for this collection by Fluid n Motion, and protected by international copyright laws.
TRADE MARKS
The flowzie trademarks and trade dress may not be used in connection with any product or service that is not owned by Fluid n Motion, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fluid n Motion. You may not use flowzie trademarks and any flowzie logo or other proprietary graphic or trademark owned by Fluid n Motion as part of the link without express written permission. All other trademarks not owned by Fluid n Motion or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fluid n Motion or its subsidiaries.
LICENSE AND SITE ACCESS
Fluid n Motion 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 Fluid n Motion. 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 Fluid n Motion. 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 flowzie.com and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the flowzie name or trademarks without the express written consent of Fluid n Motion. Any unauthorized use of the content of flowzie.com terminates the permission or license granted by Fluid n Motion. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of flowzie.com so long as the link does not portray Fluid n Motion, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
YOUR MEMBERSHIP 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. If you are under 18, you may use our website only with involvement of a parent or guardian. Fluid n Motion and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as 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. Fluid n Motion reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Fluid n Motion and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fluid n Motion and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Fluid n Motion or its associates for all claims resulting from content you supply. Fluid n Motion has the right but not the obligation to monitor and edit or remove any activity or content. Fluid n Motion takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All products purchased from Fluid n Motion are made pursuant to a shipment contract. This basically means that the risk of loss and title for such products passes to the purchaser upon our delivery to the carrier. Please see our Return and Refund Policy.
PRODUCT DESCRIPTIONS
Fluid n Motion and its associates attempt to be as accurate as possible. However, Fluid n Motion does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Fluid n Motioni itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY FLUID N MOTION ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLUID N MOTION 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, FLUID N MOTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLUID N MOTION DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FLUID N MOTION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLUID N MOTION 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 flowzie.com, you agree that the laws of the state of Utah, United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Fluid n Motion or its associates.
DISPUTES
Any dispute relating in any way to your visit to flowzie.com or to products you purchase through flowzie.com shall be submitted to confidential arbitration in the state of Utah, United States of America, except that, to the extent you have in any manner violated or threatened to violate Fluid n Motion intellectual property rights, Fluid n Motion may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, United States of America, 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 award obtained via arbitration 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
Please review our other policies, such as our Return and Refund Policy, posted on this site. These policies also govern your visit to flowzie.com. Fluid n Motion reserves the right to make changes to the flowzie.com 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 conditions.
QUESTIONS:
Questions regarding our Conditions of Use, Privacy Policy, Product Warranty, Return and Refund Policy or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or you can email us at: info@ Flowzie.com
DISCLAIMER
The Flowzie is a novelty product and is not intended for the sole use of dispensing alcohol. If your intention is to use the Flowzie to consume alcoholic beverages you must be of legal age and we ask that you drink responsibly and keep in mind that drinking any alcoholic beverage impairs judgment, may increase your risks of cancer and can cause birth defects during pregnancy.
Fluid n Motion does not promote or condone underage drinking, or the over-consumption of alcohol by anyone. Fluid n Motion is not responsible for any destruction of property, injury to reputation, bodily harm and or death that may result from the consumption of any alcohol beverages in association with our products.
PRODUCT WARRANTY
If at any time you are not completely satisfied with your order, please contact Fluid n Motion at info@ Flowzie.com
RETURN AND REFUND POLICY
All sales of products that are not deemed by Fluid n Motion to be defective are final. The risk of loss or damage during shipping of a product passes to the purchaser when the product is delivered to the carrier.
The purchaser is responsible for return shipping costs. If a product is deemed by Fluid n Motion to be defective due to a manufacturing defect, a refund or replacement of the product will be granted and Fluid n Motion will reimburse the purchaser for the return shipping costs.
PRIVACY POLICY
Fluid n Motion takes great care in safeguarding the privacy of your personal information by following responsible information handling practices.
Fluid n Motion does NOT share information that we have about you with anyone, except in response to subpoenas or as otherwise required by law. We do not share, sell, rent, or trade personally identifiable information with third parties for their promotional purposes.
This policy covers our online practices and does not apply to any third party sites, including card issuers or other sites that may be linked from our website. We encourage you to read the terms and conditions and privacy policies of those other sites to learn how they collect and use information about you