Terms and Conditions

Terms of Use Agreement

These terms of service (TOS) govern your utilization of our website, which is provided by our company. By accessing this site, you are denoting your acknowledgment and acceptance of these terms. These terms are subject to change by our business at any time at its discretion. Your utilization of this site after we implement such changes constitutes your acknowledgment and acceptance of the terms.

Please carefully read and make sure you understand the "Arbitration and Waiver of Class Actions" provision set forth in these terms of service, as it will require you to resolve disputes with us on an individual basis through final and binding arbitration. By accessing or using our website, you expressly acknowledge that you have read, understand and have taken time to consider the consequences of the arbitration and waiver of class actions provision set forth in the "Arbitration" section below.

Shipping Information

At Ferris Wheel we work hard to process your order as quickly as possible. In some instances, processing time can take up to 72 hours. Please allow up to 72 hours to receive your package(s) tracking information.

The following shipping methods are available:

Free Shipping (5–8 business days)
First Class Mail (3-5 business days)
Priority (1 to 3 business days)
FedEx (2 business days)
International (Transit time determined by distance, foreign customs regulations & local laws)

IMPORTANT: Please be advised that all suggested delivery times are estimated and NOT GUARANTEED. Shipping charges are NON-REFUNDABLE.

Also note that business days do not include weekends or holidays and there is no weekend or holiday delivery for any shipping methods. Currently, we do not ship to U.S. Territories or APO/FPO.

Orders received on Friday after 11:00 AM (PST) will ship within 72 hours (on Monday, unless it is a Post Office Holiday). Cut off time for Express delivery orders to be shipped the same day is 10:30 AM (PST).

Free Shipping (50 US States Only)

Orders shipped within the continental United States should arrive within 5 – 8 business days depending on delivery location. Orders shipped to Alaska and Hawaii may take an additional 2 – 3 days for delivery.

First Class Package

First Class Mail will be processed within 24-72 hours, not including weekends or holidays and should arrive within the continental United States in 3-5 business days once shipped from our location, depending on delivery location. For example, orders shipped to California may be delivered in 3 to 5 business days, whereas the orders shipped to some east coast states may be delivered closer to 5 or 6 business days. All the rates for first-class mail delivery are generated in real time by the United States Post Office (USPS.com) and shown to you during the checkout process. We do not add surcharges to the live USPS shipping rate. All orders must have a valid street address verifiable by USPS to be delivered successfully.

Note: Free shipping is offered for purchases delivered by USPS. If you select this option we cannot guarantee your delivery or accept any liability for lost, stolen, or delayed orders. In the case this occurs we recommend that you address this with your local post office. If you are concerned about this happening to you we suggest you ship via FedEx. Guaranteed delivery is available with this option. If you are an international customer you should refer to our Terms and Conditions, then contact customer service.

Priority Mail

Priority Mail will be processed within 24-72 hours, not including weekends or holidays and should arrive within 1-3 business days once shipped from our location. Orders shipped within the continental United States should arrive within 2 to 3 business days (may arrive sooner in California). All orders must have a valid street address verifiable by USPS to be delivered successfully.

Shipping Rates

All domestic shipping rates are generated automatically by USPS.com and may vary from location to location. International orders will be shipped via FedEx International delivery service for a flat fee based on specific country location. You will be able to review the shipping rates before your order is completed and the payment is applied.

Product Return/Exchange and Refund Policy

Thank you for your purchase. Please read the following policies regarding product returns, exchanges and refunds carefully:

Return Policy: You may return unopened products in original packaging within 60 days from the date which the order was placed, for a refund of the purchase price. Only qualified, unopened, unused items that are in the original packaging may be returned for a refund.

Return Processing: In order to return a product, you must contact us by emailing info@getferriswheel.com and submitting a return merchandise authorization (RMA) request. If the item is damaged or defective, we may request for you to email us pictures of damaged or defective merchandise prior to issuing an RMA number. For returns on promotional items, all items included in the promotion (free gift, etc.) need to be returned. When a promotional item included in the original transaction is not returned, the value of the promotional item will be deducted from the refund amount. You will be responsible for shipping charges to us for non-defective returns. Shipping charges are non-refundable.

Damaged Items: If you receive a damaged item, the issue must be reported to customer service within 48 hours of delivery to receive a replacement item. We only replace items if they are defective or damaged and exchanges are only for exact item purchased, unless the item is no longer available. If a defective item is returned and shows signs of being dropped or physically damaged which is determined to be the cause of the defect, there will be a 25% restocking fee applied.

Exchange Policy: You may be able expedite an exchange by placing a new order and returning the unwanted merchandise. In order to expedite the exchange, please place the new order, and send the new invoice number to the customer service agent assigned to your original claim. The new order will be at your cost and once the unwanted item(s) has returned to us, we will refund you for the item(s). Please check with your customer service agent before placing your new order.

How to Request a Return/Exchange/Refund

• Contact us via the Contact Us page to verify that your item is available for return before taking any other steps. Our assigned agent will get back to you with details on how to take the next step.
• Repackage the item including all original parts, packing materials, instructions, etc. Within reason, this means that everything must be returned exactly as it was sent to you. Poor repackaging or the return of merchandise damaged after receipt could result in refusal of your return and loss of any refund or replacement item. Items for return must be unused and undamaged to qualify for the refund. Do not send items back in a regular envelope, this is not sufficient packaging and can cause items to be lost in the mail or damaged in transit. Padded envelopes or boxes are required and are provided free of charge by USPS if sending Flat Rate Priority Mail.
  
• Include a copy of the original Packing List in the package, and indicate whether you would like to be refunded for the item or if you prefer to have a replacement sent out.
  
• For defective returns, you will be issued a pre-paid return label. For non-defective returns, you will need to send the package back to the address which will be emailed to you by our agent.
  
• If you are to receive a refund, it will be issued when the returned item has been received in satisfactory condition.
  
• Refunds will be processed within 3 to 5 business days of receiving the items and will be applied directly to the payment method that was used to make the purchase.
  
• Please be advised that usually refunds can take up to 5 business days to completely process after the refund has been initiated. Refunds can only be issued to the original form of payment for the corresponding order.
  Access to This Site

YOU MUST BE TWENTY-ONE (21) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER TWENTY-ONE (21) YEARS OF AGE, YOU ARE NOT SANCTIONED TO ACCESS THIS WEBSITE FOR ANY REASON.

To get access to this site or a portion of the resources it brings to the table, you might be requested to give certain registration details or other data. It is a condition of your use of this site that all the data you provide on this site will be truthful, current, and complete. If our Company believes the information you provide is not truthful, current, or complete, we have the right to remove your access to this site or any of its resources and to end or suspend your access at any time without notice.

Restrictions on Use

You may use this site for purposes explicitly approved by this site. You may not use this site for any other purpose, including any commercial purpose, without our Company's express prior consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this website, without the express prior stated approval of an authorized representative of our Company. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content available within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking to cease immediately.

Proprietary Information

The material and content (hereinafter referred to as the "Content") that is accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any manner without the prior consent of our Company, or unless authorized elsewhere on our site, except that you may print out a copy of the Content solely for your use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use breaches our Company's intellectual property rights. This site does not grant title nor intellectual property rights to you.

Hyperlinks

This site might hyperlink to other sites which are not maintained by, or related to, our Company. Hyperlinks to such sites are provided as a convenience to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. The user visits hyperlinks at their own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to an external site does not necessarily imply endorsement by our Company of that site.

Submissions

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, comments, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter referred to as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential. Our company may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Disclaimer

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojans or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.

The Content is not complete and comprehensive and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in a similar manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not comprehensive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided "as is" and without warranties of any kind, either expressed or implied. Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error free or that this site or the server that makes it available are free of viruses or other harmful components. Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical errors or typographical mistakes, and Company may make changes or improvements at any time. You, and not our Company, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation on Liability

THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES. THESE TERMS INCLUDE LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing on this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

• you do not have the right to post, including proprietary material of any third party;
  
• advocates illegal activity or discusses an intent to commit an illegal act;
  is vulgar, obscene, pornographic, or indecent;
  
• does not pertain directly to this site;
  
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  
• infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
  
• violates any law or may be considered to violate any law;
  
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  
• solicits funds, advertisers or sponsors;
  
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  
• includes MP3 format files;
  
• amounts to a "pyramid" or similar scheme;
  
• disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  
• contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in California. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.

Arbitration

YOU AND FERRIS WHEEL (ILS SALES AND CONSULTING LLC) AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not prevent parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

However, we agree that if your claim is small enough that the law allows you to file it in a small claims court, you may do so instead of submitting to binding arbitration. We will submit to binding arbitration in any event.

YOU AND FERRIS WHEEL (ILS SALES AND CONSULTING LLC) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND FERRIS WHEEL (ILS SALES AND CONSULTING LLC) AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If a court refuses to enforce the waiver of class-wide arbitration, this entire arbitration provision shall be unenforceable and any claims brought on behalf of a putative class will proceed in court.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator's decision will follow the terms of these Terms of Service and will be final and binding.

In any arbitration arising out of or related to this agreement, there shall be no interrogatories or requests to admit.

IN ANY ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ARBITRATOR(S) ARE NOT EMPOWERED TO AWARD PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT WHERE PERMITTED BY STATUTE, AND THE PARTIES WAIVE ANY RIGHT TO RECOVER ANY SUCH DAMAGES. THE ARBITRATOR(S) MAY NOT AWARD ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS.

As stated in this Terms of Service, California law governs this entire agreement, but the parties acknowledge that this agreement evidences a transaction involving interstate commerce, and that notwithstanding, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act.