Funstub offers the following
Returns Policy:
To return an Item to Funstub, Return
the item, invoice and original
packaging and accessories to:
Funstub Tour & Travel
133 Ranch Dr.
Boerne, TX 78015
Exchanges
To exchange an item by mail,fill out
"items to be exchanged" on the back
of our invoice, indicating the item
you are returning and the new items
you want sent. Shipping will be
charged for the new item sent.
PRIOR TO USING OUR SITE, PLEASE READ
THIS USER AGREEMENT AND THESE TERMS
AND CONDITIONS CAREFULLY.
Welcome to Funstub.com. Funstub.com
provides its services to you subject
to the following conditions. If you
visit or shop at Funstub.com, you
accept these conditions. Please read
them carefully. In addition, when
you use any current or future
Funstub.com service or visit or
purchase from any business
affiliated with Funstub.com, whether
or not included in the Funstub.com
Web site, you also will be subject
to the guidelines and conditions
applicable to such service or
business. If you do not agree with
any part of the following terms and
conditions, you must not use this
site.
OWNERSHIP
This site, and each of its modules,
together with the arrangement and
compilation of the content found on
this site, is the copyrighted
property of Funstub.com Inc. ("Funstub.com")
and/or its various third party
suppliers and distributors. Some of
the content found on this site is
owned by third party partners and
distributors and, specifically,
certain data relating to amusement
parks and family entertainment
destinations is the copyrighted work
of the specific owner and other
information providers. In addition,
the trademarks, logos and service
marks displayed on this site
(collectively, the "Trademarks")
are registered and common law
Trademarks of Funstub.com, its
affiliates, and various third
parties. Nothing contained on this
site should be construed as
granting, by implication, estoppels,
or otherwise, any license or right
to use any of the Trademarks without
the written permission of
Funstub.com, or such other party
that may own the Trademarks.
USE OF SITE
Funstub.com grants you a limited,
non-transferable 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 Funstub.com. You
may only use this site to make
legitimate reservations or purchases
and shall not use this site for any
other purposes, including without
limitation, to make any speculative,
false or fraudulent reservation or
any reservation in anticipation of
demand. 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
Funstub.com. 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 Funstub.com,
and/or its third party suppliers and
distributors, except that you may
download, display and print the
materials presented on this site for
your personal, non-commercial use
only. 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. You may not use
any Meta tags or any other "hidden
text" utilizing Funstub.com's name
or trademarks without the express
written consent of Funstub.com. Any
unauthorized use terminates the
permission or license granted by
Funstub.com. You are granted a
limited, revocable, and nonexclusive
right to create a hyperlink to the
home page of Funstub.com so long as
the link does not portray
Funstub.com, its affiliates, or
their products or services in a
false, misleading, derogatory, or
otherwise offensive matter. You may
not use any Funstub.com logo or
other proprietary graphic or
trademark as part of the link
without express written permission.
AGE AND RESPONSIBILITY
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. Funstub.com
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
Funstub.com only with involvement of
a parent or guardian. You represent
that you are of sufficient legal age
to use this site and to create
binding legal obligations for any
liability you may incur as a result
of the use of this site. You
understand that you are financially
responsible for all uses of this
site by you and those using your
login information. Funstub.com and
its affiliates reserve the right to
refuse service, terminate accounts,
remove or edit content, or cancel
orders in their sole discretion.
PRIVACY
You have read the Funstub.com
Privacy Policy, the terms of which
are incorporated herein, and agree
that the terms of such policy are
reasonable. You consent to the use
of your personal information by
Funstub.com and/or its third party
suppliers and distributors in
accordance with the terms of and for
the purposes set forth in the
Funstub.com Privacy Policy.
REVIEW OF TRANSMISSIONS
Funstub.com may, from time to time
monitor and review any information
transmitted or received through this
site and reserves the right to
sensor, edit, remove or prohibit the
transmission or receipt of any
information that Funstub.com deems
inappropriate or in violation of
these terms and conditions. During
monitoring, the information may be
examined, recorded or copied, and
your use of this site constitutes
your consent to such monitoring and
review. You agree that if you submit
suggestions, ideas, comments or
questions or post any other
information on this site, you grant
Funstub.com and its affiliates a
worldwide, non-exclusive,
royalty-free, perpetual,
irrevocable, and fully
sub-licensable right to use,
reproduce, modify, adapt, publish,
translate, create derivative works
from, distribute and display such
content in any form, media or
technology. Funstub.com takes no
responsibility and assumes no
liability for any content posted or
submitted by you.
LINKS
This site contains links to other
Web sites which are provided solely
as a convenience to you and not as
an endorsement by Funstub.com, its
third party suppliers or
distributors of the contents of such
other Web sites. None of Funstub.com
or any third party supplier or
distributor shall be responsible for
the content of any other Web sites
and make no representation or
warranty regarding any other Web
sites or the contents or materials
on such Web sites. If you decide to
access other Web sites, you do so at
your own risk.
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY FUNSTUB.COM
ON AN "AS IS" AND "AS AVAILABLE"
BASIS. FUNSTUB.COM AND ANY THIRD
PARTY SUPPLIERS AND DISTRIBUTORS
MAKE 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, FUNSTUB.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. FUNSTUB.COM AND
ANY THIRD PARTY SUPPLIERS AND
DISTRIBUTORS DOES NOT WARRANT THAT
THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM FUNSTUB.COM ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
FUNSTUB.COM 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.
If, notwithstanding the foregoing,
Funstub.com or any third party
provider or distributor should be
found liable for any loss or damage
which arises out of or is in any way
connected with any of the above
described functions or uses of this
site or its content, the liability
of Funstub.com and the third party
suppliers and distributors shall in
no event exceed, in the aggregate,
the greater of (a) the subscription
fee and service charge for accessing
this site, or (b) US$100.00. In its
sole discretion, in addition to any
other rights or remedies available
to Funstub.com and without any
liability whatsoever, Funstub.com at
any time and without notice may
terminate or restrict your access to
any component of this site. Some
states do not allow limitation of
liability, so the foregoing
limitation may not apply to you.
INDEMNIFICATION
You shall defend and indemnify
Funstub.com and any third party
suppliers and distributors and their
officers, directors, employees and
agents from and against any claim,
cause of action or demand, including
without limitation reasonable legal
and accounting fees, brought by or
on your behalf in excess of the
liability described herein or by
third parties as a result of your
use of this site.
APPLICABLE LAW
By visiting Funstub.com, you concur
that this agreement and its
performance shall be governed by the
laws of the state of Texas, United
States of America, without regard to
principles of conflict of laws. You
consent and submit to the exclusive
jurisdiction of the state and
federal courts located in Harris
county, the state of Texas, United
States of America, in all questions
and controversies arising out of
your use of this site and this
Agreement. To the extent allowed by
applicable law, any claim or cause
of action arising from or relating
to your access or use of this site
must be brought within two (2) years
from the date on which such claim or
action arose or accrued.
ATTORNEY'S FEES
If Funstub.com or its affiliates
take any action to enforce this User
Agreement and these terms and
conditions, such parties will be
entitled to recover from you, and
you agree to pay, all reasonable and
necessary attorney's fees and any
cost of litigation, in addition to
any other relief, at law or in
equity, to which such parties may be
entitled.
INJUNCTIVE RELIEF
You acknowledge that a violation or
attempted violation of any of this
User Agreement and these terms and
conditions will cause such damage to
Funstub.com as will be irreparable,
the exact amount of which would be
difficult to ascertain and for which
there will be no adequate remedy at
law. Accordingly, you agree that
Funstub.com shall be entitled as a
matter of right to an injunction
issued by any court of competent
jurisdiction, restraining such
violation or attempted violation of
these terms and conditions by You,
or Your affiliates, partners, or
agents, as well as recover from You
any and all costs and expenses
sustained or incurred by Funstub.com
in obtaining such an injunction,
including, without limitation,
reasonable attorney's fees. You
agree that no bond or other security
shall be required in connection with
such injunction.
RELATIONSHIP
The relationship between Funstub.com
and you will be that of independent
contractors, and neither of us nor
any of our respective officers,
agents or employees will be held or
construed to be partners, joint
ventures, fiduciaries, employees or
agents of the other.
TERMINATION
Funstub.com may terminate this User
Agreement and these terms and
conditions and/or the provision of
any of the services at any time for
any reason, including any improper
use of this site or your failure to
comply with these terms and
conditions. Such termination shall
not affect any right to relief to
which Funstub.com and its third
party suppliers and distributors may
be entitled, at law or in equity.
Upon termination of this User
Agreement and these terms and
conditions, all rights granted to
you will terminate and revert to
Funstub.com and its third party
suppliers or distributors, as
applicable.
ASSIGNMENT
You may not assign, convey,
subcontract or delegate your rights,
duties or obligations hereunder.
MODIFICATION
Funstub.com may at any time modify
these terms and conditions and your
continued use of this site will be
conditioned upon the terms and
conditions in force at the time of
your use.
ADDITIONAL TERMS
Additional terms and conditions may
apply to reservations, purchases of
goods and services and other uses of
portions of this site, and you agree
to abide by such other terms and
conditions.
SEVERABILITY
These terms and conditions shall be
deemed severable. In the event that
any provision is determined to be
unenforceable or invalid, such
provision shall nonetheless be
enforced to the fullest extent
permitted by applicable law, and
such determination shall not affect
the validity and enforceability of
any other remaining provisions.
ENTIRE AGREEMENT
This User Agreement, together with
any terms and conditions
incorporated herein or referred to
herein constitute the entire
agreement between us relating to the
subject matter hereof, and
supersedes any prior understandings
or agreements (whether oral or
written) regarding the subject
matter, and may not be amended or
modified except in writing or by
making such amendments or
modifications available on this
site.
