Disclaimer:
1. By purchasing one or more Flabongo products, you also agree to abide by
the terms set forth in this disclaimer.
2. Flabongo LLC, a company whose principal location of business is Fort
Wayne, IN, is the manufacturer of all products hereafter referred to as
the "Flabongo". As referenced herein, "Flabongo" refers to any product, in
whole or in part, which is manufactured, sold, distributed, given away or
otherwise provided by Flabongo LLC. for the purpose of consuming
beverages. Where referenced hereafter, "Our" refers to Flabongo; "You"
refers to you and anyone else that orders, purchases, takes or keeps in
any way, and/or uses in any way, any Flabongo product.
3. Flabongo LLC is the copyright owner of the website ( www.flabongo.com).
No portion of this site, including but not limited to the text, images,
audio or video, may not be used in any manner, or for any purpose, without
Flabongo LLC. express written permission, except as provided for herein.
Without in any way waiving any of the foregoing rights, you may download
one copy of the material on said sites for your personal, noncommercial
home use only, provided you do not delete or change any copyright,
trademark or other proprietary notices. Modification or use of the
material on this site for any other purposes violates the Flabongo LLC
legal rights.
4. All products and services sold by Flabongo LLC are for novelty purposes
only. The re-sale and/or use of any product or service purchased from
Flabongo LLC is strictly at your own risk. By using any product or service
from Flabongo LLC you acknowledge and agree that your use is at your own
risk and that none of the parties involved in creating, producing, or
delivering any product or service obtained from Flabongo LLC is liable for
any direct, incidental, consequential, indirect, or punitive damages, or
any other losses, costs, or expenses of any kind (including legal fees,
expert fees, or other disbursements) which may arise, directly or
indirectly, from the re-sale and/or use of said product(s).
5. You warrant and represent to Flabongo LLC that you fully understand and
fully agree that:
(a) Many of the Flabongo LLC products are intended to rapidly dispense
beverages into the body. Anyone using a Flabongo LLC product to consume
alcoholic beverages does so at his or her own risk.
(b) By using a Flabongo LLC product, the user accepts and assumes all
risks in any way associated with the use of a Flabongo product, including,
but not limited to, the risks of drowning or choking, the risk of becoming
intoxicated when used with beverages containing alcohol, and all risks in
any way associated with intoxication, including injury and death.
(c) The use of a Flabongo LLC product to dispense alcohol to anyone under
the age allowed by law, and the consumption of alcohol by anyone underage,
is illegal.
(d) Driving while under the influence of any alcoholic beverage is
dangerous and illegal.
(e) You agree to hold Flabongo LLC harmless and release Flabongo LLC from
any claims of any nature, any causes of action, and any demands for
injuries, damages or other liabilities (including but not limited to
claims for damages to property, claims for physical or psychological
injuries, or claims for wrongful death) which have been made, could have
been made in the past, or might be made in the future against Flabongo,
LLC due to any application or use of any Flabongo LLC product by you or
anyone else, regardless of whether such applications, uses and/or damages
were intended or unintended, or foreseeable or unforeseeable.
(h) You expressly waive any rights you may have under the provisions of
any state or federal law providing in substance that releases shall not
extend to claims, damages, or injuries which are unknown or unsuspected to
exist at the time they are released. You are responsible for complying
with any and all laws, whether they are federal, state, or local -
pertaining to the ownership, possession, and or use of any of our
products.
6. By entering our website(s) you acknowledge and agree that your use is
at your own risk and that none of the parties involved in creating,
producing, or delivering said sites are liable for any direct, incidental,
consequential, indirect, or punitive damages, or any other losses, costs,
or expenses of any kind (including legal fees, expert fees, or other
disbursements) which may arise, directly or indirectly, through the access
to, use of, or browsing of this site or through your downloading of any
materials, data, text, images, video or audio from this site, including
but not limited to anything caused by any viruses, bugs, human action or
inaction or any computer system, phone line, hardware, software or program
malfunctions, or any other errors, failures or delays in computer
transmissions or network connections.
7. Although the specifications, features, illustrations, and other
information contained in these sites are based upon up-to-date
information, and while Flabongo LLC makes all reasonable efforts to ensure
that all material on these sites is correct, accuracy cannot be guaranteed
and Flabongo LLC makes no warranties or representations as to its
accuracy. All content information and materials contained in this site are
provided to you "AS IS" without warranty of any kind, either express or
implied, including but not limited to, the implied warranty of
merchantability, fitness for a particular purpose, title and
non-infringement.
8. Do not post on our websites, or transmit to our websites, any libelous,
threatening, unlawful or other material which could constitute or
encourage conduct that would be considered a criminal offense, give rise
to civil liability, promote inappropriate behavior, promote the excessive
or irresponsible consumption of alcohol, or otherwise violate any law or
regulation. Notwithstanding the fact that Flabongo LLC or other parties
involved in creating, producing, or delivering this site, may monitor or
review transmissions, posting, discussions, or chats, Flabongo, LLC and
all parties involved in creating, producing or delivering this site,
assume no responsibility or liability which may arise from the content
thereof, including but not limited to claims for defamation, libel,
slander, obscenity, profanity, or misrepresentation.
9. By entering our sites you acknowledge and agree that any communication
or material you transmit to our websites or to Flabongo LLC, in any manner
and for any reason, will not be treated as confidential or proprietary.
Furthermore, you acknowledge and agree that any ideas, concepts,
techniques, procedures, methods, systems, designs, plans, charts, or other
materials you transmit to Flabongo LLC may be used by Flabongo LLC
anywhere, anytime, and for any reason whatsoever.
10. By entering our websites you acknowledge and agree that any name,
logo, trademark, or service mark contained on said sites are owned or
licensed by Flabongo LLC and may not be used by you without prior written
approval. Flabongo LLC will aggressively enforce its intellectual property
rights to the full extent of the law. Sound, graphics, charts, text,
video, information, or images of places or people are either the property
of Flabongo LLC or used on these sites with permission. Your use of any of
these materials is prohibited unless specifically provided for on the
sites. Any unauthorized use of these materials may subject you to
penalties or damages, including but not limited to those related to
violation of trademarks, copyrights, privacy, and publicity rights.
11. Although these sites may be linked to other sites, Flabongo LLC is
not, directly or indirectly, implying any approval, association,
sponsorship, endorsement, or affiliation with the linked site, unless
specifically stated therein. By entering our sites you acknowledge and
agree that Flabongo LLC has not reviewed all the sites linked to our sites
and is not responsible for the content of any off-site pages or any other
site linked to our sites. Your linking to any other off-site pages or
other sites is at your own risk.
12. Flabongo LLC reserves the right to revise this legal information at
any time and for any reason and reserves the right to make changes at any
time, without notice or obligation, to any of the information contained on
this site. By entering our websites you acknowledge and agree that you
shall be bound by any such revisions. We suggest periodically visiting our
website(s) to review these terms and conditions.