Terms of Service

FUNNER

Effective Date: May 1, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website located at www.shopfunner.com (the “Site”) and the purchase of products offered by Funner (“we,” “us,” or “our”). By accessing our Site, creating an account, or placing an order, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 25, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. PLEASE READ SECTION 25 CAREFULLY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

We reserve the right to update these Terms from time to time in our sole discretion. Changes will be effective upon posting to the Site. Your continued use of the Site following any update constitutes your acceptance of the revised Terms.

2. Definitions

“Content” means all text, graphics, illustrations, logos, trademarks, service marks, copyrights, images, software, audio, video, data, and other materials available on or through the Site.

“Site” means www.shopfunner.com, including all subpages, as well as our social media accounts on Instagram, TikTok, and other platforms.

“Terms” refers to these Terms of Service, together with our Privacy Policy and any other policies incorporated herein by reference.

“User” or “you” means any visitor to or user of the Site, whether or not registered or purchasing.

“User Content” means any photographs, videos, comments, reviews, or other content that you submit to the Site or post publicly on social media that tags Funner or uses a Funner hashtag, as described in Section 11.

3. Eligibility

You must be at least 18 years of age to use this Site and make purchases. By using the Site, you represent and warrant that you are 18 or older and have the legal capacity to enter into a binding agreement. If you are using the Site on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

We reserve the right to refuse service, cancel orders, or close accounts at our sole discretion, including if we believe a user is under 18 or has violated these Terms.

4. Accounts

You may be required to create an account to access certain features of the Site, including making purchases. When creating an account, you agree to:

Provide accurate, current, and complete information and keep it updated;
Keep your account credentials confidential and not share them with any third party;
Accept responsibility for all activity that occurs under your account;
Notify us promptly at hello@shopfunner.com if you suspect unauthorized access to your account; and
Not create more than one account.

We reserve the right to terminate or suspend accounts that violate these Terms or that we determine, in our sole discretion, are being used fraudulently or inappropriately.

You are solely responsible for the activity that occurs on your account, and you will keep your account password(s) and any other authentication credentials secure. We will not be liable for any losses caused by any unauthorized use of your account.

5. Products and Pricing

Product Descriptions

We make every effort to display our products and their attributes accurately. However, we do not represent or warrant that product descriptions, images, pricing, or other Content is complete, accurate, reliable, current, or error-free. Colors and appearances may vary depending on your device’s display settings. We reserve the right to correct errors and update information at any time without notice.

Pricing

All prices are listed in U.S. dollars and are subject to change without notice in our sole discretion. If a product is listed at an incorrect price due to a typographical or system error, we reserve the right to cancel any orders placed at that price and notify you accordingly.

Availability and Quantity Limitations

All products are subject to availability. We reserve the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may apply to orders placed by the same account, the same credit card, or orders that use the same billing or shipping address. We reserve the right to discontinue products or modify product offerings at any time without notice.

Resellers Prohibited

Our products are intended for personal use only. You are prohibited from reselling products to dealers or resellers. For purposes of these Terms, a “reseller” or “dealer” is anyone who purchases products from the Site for the purpose of engaging in a commercial sale of those products to a third party. Products purchased on the Site may not be resold, redistributed, or exported for commercial purposes. We reserve the right to cancel any order we believe is placed for resale purposes and to restrict or terminate the accounts of suspected resellers.

6. Orders and Payment

Placing an Order

By placing an order through our Site, you are making an offer to purchase the selected products at the listed price. Your order is confirmed only when you receive an order confirmation email from us. We reserve the right to accept or decline any order at our discretion.

Payment

We accept the payment methods listed at checkout. By submitting payment information, you represent that you are authorized to use the payment method provided and authorize us to charge the total order amount, including applicable taxes and shipping fees. All transactions are processed securely through our third-party payment processor. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the payment processor. We do not store full credit card numbers on our servers.

Taxes

You are responsible for all applicable sales taxes, use taxes, and other governmental charges associated with your purchase. Applicable taxes will be calculated and displayed at checkout based on your shipping address. Unless you provide a valid tax exemption certificate applicable to your purchase, you are responsible for all taxes on your order.

Order Cancellation

We reserve the right to cancel any order at any time, including due to product unavailability, pricing errors, suspected fraud, or failure to meet eligibility requirements. If we cancel your order, we will notify you and issue a full refund to your original payment method. Once an order has been submitted, we may not be able to modify or cancel it. Please contact hello@shopfunner.com as soon as possible if you need to make changes.

7. Shipping and Delivery

Shipping Area

We currently ship to addresses within the United States only, including the contiguous 48 states, Alaska, and Hawaii. We do not ship to U.S. territories, P.O. boxes, or international addresses at this time.

Shipping Timeframes

Estimated shipping and delivery times are provided at checkout and in your order confirmation. These estimates are not guaranteed. Delivery may be affected by carrier delays, weather, holidays, or other factors outside our control. We are not responsible for delays caused by the carrier once an order has been tendered for shipment.

Title and Risk of Loss

Title and risk of loss for products pass to you upon delivery to the carrier. If your package is lost or damaged in transit, please contact us at hello@shopfunner.com and we will work with you to resolve the issue.

Incorrect Addresses

You are responsible for providing a complete and accurate shipping address. We are not responsible for orders that are lost, delayed, or undeliverable due to an incorrect or incomplete address provided by you.

8. Returns and Refunds

We want you to love your Funner products. If you are not satisfied with your purchase, please contact us at hello@shopfunner.com within 30 days of delivery to initiate a return or exchange.

To be eligible for a return:

The product must be unused, in its original condition, and in original packaging;
You must provide proof of purchase; and
The return must be initiated within 30 days of the delivery date.

Refunds will be issued to your original payment method within a reasonable timeframe after we receive and inspect the returned item. Original shipping charges are non-refundable unless the return is due to our error or a defective product. We are not responsible for return shipping costs unless the return results from our error.

We cannot accept returns on items not purchased directly from www.shopfunner.com. We reserve the right to refuse returns that do not meet the above criteria.

9. Product Safety and Intended Use

Funner products are intended for external use only unless otherwise specified. Please read all product labels, directions, and ingredient lists before use. If you have known sensitivities, allergies, or scalp conditions, please review ingredient lists carefully before purchasing. If you experience an adverse reaction, discontinue use immediately and consult a healthcare professional if needed. Results may vary.

The information contained in the Site and with the Products is provided for informational purposes only and is not meant to substitute for the professional advice provided by your doctor or other health care professional. You should not use the information available on or through the Site (including, but not limited to, information that may be provided with the Products about the benefits of personalized haircare treatments) for diagnosing or treating a health problem or disease, or prescribing any medication or medical products. Information and statements regarding the Products, and the Products themselves, have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

Please consult a licensed stylist or healthcare professional regarding the use of any product if you have questions about your specific hair or scalp condition. We do not represent ourselves as medical or health professionals. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

We are not responsible for adverse effects resulting from misuse of our products, use contrary to product instructions, combination with other products, or individual reactions.

10. Intellectual Property

All Content on the Site — including text, graphics, logos, product images, button icons, audio clips, digital downloads, data compilations, and software — is the property of Funner or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The Funner name, logo, and all related brand assets are trademarks of Funner and may not be used without our prior written consent.

We grant you a personal, limited, non-exclusive, non-transferable license to access the Site for your personal, non-commercial use.

We may collect diagnostic, technical, usage, and related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us. We may use, maintain, and process Usage Data for any lawful purpose, including: (a) to provide and maintain the Site; (b) to improve our products and services and to develop new products, services, and features; (c) to monitor usage of the Site; (d) for research and analytics, including data analysis and identifying usage trends; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form.

11. User Content and Social Media

Scope of User Content

The following are considered “User Content” under these Terms:

Any reviews, comments, photos, or other materials you submit directly to the Site; and
Any posts, photos, videos, or other content you share publicly on social media that: (a) tag our Instagram account @funner or TikTok account @funner; (b) include any of the following hashtags: #funner, #funnerhair, #wearyourhair, #didthat, or any other Funner-promoted hashtag we designate from time to time; or (c) are submitted in connection with any Funner-sponsored contest, challenge, campaign, or promotion; or (d) are sent to us via email, direct message, or any other communication channel.

License Grant

By submitting or posting User Content, you grant Funner a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform and otherwise exploit your User Content — in whole or in part — in any and all media, formats, and channels, whether now known or hereafter developed, for any purpose, including commercial purposes. This includes, without limitation, use in marketing, advertising, social media, email, printed materials, packaging, in-store displays, events, third-party promotional partnerships, and on the Site, with or without attribution and without further notice or compensation to you. The foregoing license shall survive any termination or deactivation of your account or your cessation of use of the Site. You further waive any moral rights or equivalent rights you may have in or to any User Content, to the fullest extent permitted by applicable law. In addition, you grant Funner the right to use your name, username, social media handle, likeness, image, voice, biographical information, and any trademarks or trade names associated with your User Content in connection with Funner’s exercise of the rights granted herein.

Minors in User Content

If any User Content you submit or post includes the likeness of a minor child, by submitting or posting that content you represent and warrant that you are the parent or legal guardian of the minor, that you consent on the minor’s behalf to the license and uses described above, and that such consent complies with all applicable laws. You agree to indemnify and hold Funner harmless from any claims arising from or related to the inclusion of a minor’s likeness in your User Content.

Your Representations

By submitting or posting User Content, you represent and warrant that:

You own or have all necessary rights, licenses, consents, and permissions to submit the content and to grant the license above;
The content does not infringe any third-party intellectual property, privacy, publicity, or other rights;
You have obtained all necessary releases, consents, and permissions from any third parties depicted, identified, or referenced in the content, including written model releases where applicable;
The content is accurate and not misleading;
You are 18 years of age or older; and
The content does not violate any applicable law or these Terms.

Our Rights

We reserve the right, but have no obligation, to monitor, screen, edit or remove any User Content at our sole discretion without notice. We are not obligated to use any User Content or to compensate you for it. We are not responsible for any User Content posted by you or other users, including any errors, omissions, or damages arising from such content. You waive any right to inspect or approve any use of your User Content by Funner or to receive any additional consideration in connection therewith. Funner’s removal of User Content from the Site or any platform shall not affect, limit, or terminate the license granted in this Section 11, and Funner may continue to use previously submitted or posted User Content in accordance with such license notwithstanding its removal.

12. Content Standards

All User Content must comply with applicable laws and these Terms. User Content must not:

Contain material that is defamatory, obscene, abusive, offensive, harassing, violent, hateful, or otherwise objectionable;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or rights of any person;
Violate the legal rights of others, including rights of publicity and privacy;
Be false, fraudulent, inaccurate, or misleading;
Promote any illegal activity or advocate, promote, or assist any unlawful act;
Impersonate any person or entity or misrepresent your identity or affiliation;
Give the impression that content originates from or is endorsed by us, if that is not the case;
Contain viruses, malware, or other harmful code; or
Include any personal contact information of others without their explicit consent.

We reserve the right to remove or refuse to post any User Content that violates these standards, and to terminate or suspend the account of any user who violates them, in each case without prior notice or liability.

13. Idea Submission Policy

Except for content we have specifically requested (and to which separate additional terms may apply), our policy is to not accept or consider unsolicited ideas, suggestions, concepts, or other creative materials submitted by users. We have adopted this policy to avoid potential misunderstandings if our products, marketing, or future plans happen to resemble ideas you may have submitted.

If you choose to send us ideas or suggestions despite this policy, you agree that: (a) we have no obligation to review, consider, or respond to your submission; (b) your submission is non-confidential and non-proprietary; and (c) we are free to use, reproduce, and distribute such submissions for any purpose without any liability or compensation to you.

14. Special Features and Promotions

The Site may from time to time offer contests, sweepstakes, or other promotions (“Special Features”). Special Features may be subject to additional terms and rules, which we will communicate to you at the time they are offered. If you choose to participate, your participation will be governed by those additional terms that will be made available to you in connection with such participation in addition to these Terms.

15. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by Funner. These links are provided for your convenience only and do not constitute our endorsement of or responsibility for those sites or services. If you access a third-party website or service from the Site or share your personal information on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Funner’s Privacy Policy do not apply to your use of such sites. You expressly relieve Funner from any and all liability arising from your use of any third-party website, service, or content. We encourage you to review the terms and privacy policies of any third-party sites you visit.

16. DMCA / Copyright Policy

We respect the intellectual property rights of others and expect users of our Site to do the same. It is our policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright.

If you believe that any content on our Site infringes your copyright, you may submit a written notice to our designated Copyright Agent containing the following information, as required by the Digital Millennium Copyright Act (17 U.S.C. § 512):

Your physical or electronic signature
Identification of the copyrighted work you believe has been infringed
Identification of the infringing material, with sufficient detail to allow us to locate it on the Site
Your name, mailing address, telephone number, and email address
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

Please be aware that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability. DMCA notices must be sent to our designated Copyright Agent:

Copyright Agent — Funner

Email: legal@shopfunner.com

Mailing Address: 1680 Michigan Ave, Suite 1015, Miami Beach, FL 33139

Please note that the procedure outlined herein is exclusively for notifying Funner and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Funner’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable law.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.We may also, at our sole discretion, limit access to the Site and/or terminate the user accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

17. User Conduct

By using the Site, you agree not to:

Use the Site for any unlawful purpose or in violation of these Terms;
Attempt to gain unauthorized access to any part of the Site or its related systems or networks;
Use the Site in any manner that impacts the stability of the servers or the operation or performance of the Site or any user’s use of the Site;
Reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site or its Content;
Use automated tools (bots, scrapers, crawlers) to access, collect, or copy Content from the Site without our express written permission;
Bypass the measures we may use to prevent or restrict access to the Site;
Attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Site;
Transmit any viruses, malware, or other harmful code;
Interfere with or disrupt the integrity or performance of the Site;
Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
Use the Site to send unsolicited commercial communications;
Refer to us or to the Site in a manner that could imply a relationship that involves endorsement, affiliation, or sponsorship between you (or a third party) and us without our consent;
Post or submit any content that is false, misleading, defamatory, or otherwise objectionable; or
Collect or store personal data about other users.

18. California Consumer Rights Notice

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: The provider of this Site is Funner, 1680 Michigan Ave, Suite 1015, Miami Beach, FL 33139. If you have a question or complaint regarding the Site or our products, please send an email to hello@shopfunner.com.

Residents of California may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

19. SMS / Text Messaging

With your express written consent, we may send you recurring marketing text messages about Funner products, promotions, and updates (the “Program”). Enrollment is optional and not required to purchase products or use our website.

Opt In

By opting into the Program, you agree to receive text messages from Funner to the mobile phone number provided by you, and you certify that such mobile number is true and accurate and that you are authorized to enroll such mobile number to receive such texts. You acknowledge and agree that the texts may be sent using an automatic telephone dialing system and that message and data rates apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. Message frequency varies. Consent is not required as a condition of purchase. To the extent permitted by Applicable Law, we are not responsible for any delays upon sending or receiving text messages.

Opt Out

You may opt out from promotional text messages at any time. To stop receiving messages at any time, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to the number from which you received the text from the mobile device receiving the messages, or to the other phone number provided by Funner (if any) for such purpose. If you opt out, you will no longer receive promotional or marketing text messages. You may still receive transactional messages related to orders you have placed, account security, or other non-marketing communications. We will send a single confirmation text acknowledging your opt-out. You agree that these are the only reasonable methods of opting out. Verbal requests or other text keywords may not be recognized.

Support

For help, text HELP to any message you receive from us, or email hello@shopfunner.com. Note that email is not an acceptable method of opting out of the Program.

Program Description

Users who opt in can expect to receive messages about products, promotions, new launches, order updates, and checkout reminders. If your mobile device does not support MMS messaging, we will send SMS text messages instead.

SMS Data

We collect your mobile phone number, opt-in consent, and message interaction data solely to operate the Program and provide customer service. Text messaging opt-in data and consent are never sold to or shared with third parties for their own marketing purposes.

Age Restriction

You may not use the Program if you are under 18 years of age.

Prohibited Content

You agree not to send any of the following content through the Program: fraudulent, libelous, defamatory, obscene, offensive, threatening, or harassing material; content promoting illegal products or activities; content implicating protected health information under HIPAA or HITECH; viruses, worms, or other harmful files; or any content prohibited by applicable law.

Disclaimer

The Program is offered on an “as-is” basis. We are not liable for any delays or failures in the receipt of mobile messages. Delivery is subject to effective transmission from your wireless carrier, which is outside our control. Carriers are not liable for delayed or undelivered messages.

State-Specific Compliance

We endeavor to comply with state telemarketing laws where applicable, including the Florida Telemarketing Act, the Revised Code of Washington, and the Oklahoma Telephone Solicitation Act of 2022, to the extent those laws apply to the Program.

20. Privacy

Your use of the Site is governed by our Privacy Policy, available at www.shopfunner.com/privacy-policy (http://www.shopfunner.com/privacy-policy) as amended from time to time as described therein, which is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your data for improper purposes. You acknowledge that you provide your data at your own risk.

21. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, FUNNER DOES NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FUNNER WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUNNER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, USE OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, PRODUCTS, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. CLAIMS NOT FILED WITHIN THAT PERIOD ARE PERMANENTLY BARRED.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

23. Indemnification

You agree to defend, indemnify, and hold harmless Funner and its officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; (d) any User Content you submit or post; (e) your purchase, receipt, or use of any products, or (f) any third party’s access to and/or use of the Site with your authentication credential(s).

24. Release

You hereby release us from all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses, in each case of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other user) in connection with the Site.In addition, you waive any applicable law that says, in substance:“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.”

25. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Florida for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, confidential information, or intellectual property rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm.You agree that Florida is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable. These Terms were drafted in the English language and this English language version of the Terms is the original, governing instrument of the understanding between you and us. In the event of any conflict between the English version of these Terms and any translation, the English version will prevail.

Informal Resolution

Before initiating any formal dispute proceeding, you agree to contact us at hello@shopfunner.com with a written description of the dispute. We will attempt to resolve the dispute informally within 30 days. If we are unable to reach a resolution, either party may proceed to binding arbitration as described below.

Binding Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly:(i) these Terms; (ii) access to or use of the Site, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Site; or (iv) any other aspect of your relationship or transactions with us as a user or consumer (each, a “Claim,” and, collectively, “Claims”).This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us.

In the unlikely event that we have not been able to resolve a dispute after thirty (30) days as further described above, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein.JAMS may be contacted at www.jamsadr.com (http://www.jamsadr.com/), where the Rules are available.In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control.The arbitration will take place in Miami-Dade County, Florida, or via remote proceedings if mutually agreed. If you are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses.If you are an individual using the Site for non-commercial purposes:(i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process.Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction.You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable.The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.

NOTHING IN THIS ARBITRATION AGREEMENT WILL BE DEEMED AS:PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed.Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction.All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.

Class Action Waiver

BY ENTERING INTO THESE TERMS, YOU AND FUNNER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SITE FOR PERSONAL OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS.YOU AND FUNNER AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S).ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.

Arbitration Opt-Out

You may opt out of the binding arbitration and class action waiver provisions above by sending written notice to legal@shopfunner.com within 30 days of your first use of the Site. Your opt-out notice must include your name, mailing address, and a statement that you wish to opt out of arbitration under these Terms. If you opt out, all other provisions of these Terms will continue to apply, and any disputes will be resolved in the state or federal courts located in Miami-Dade County, Florida.

26. Force Majeure

We will not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, war, terrorism, labor disputes, internet or telecommunications outages, supply chain disruptions, governmental orders, or any other event that makes performance impracticable. In such circumstances, our obligations will be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume performance as soon as practicable.

27. No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Funner and do not confer any rights or remedies on any other person or entity. Notwithstanding the foregoing, payment card networks are third-party beneficiaries of these Terms solely for the purpose of enforcing provisions relating to payments, but their consent or agreement is not required for any changes or modifications to these Terms.

28. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so without consent will be null and void. We may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. These Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

29. Modifications to the Site

We reserve the right to modify, suspend, or discontinue the Site or any products or services offered through it at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

30. Waiver and Remedies

The failure of Funner to partially or fully exercise any right, or the waiver by Funner of any breach of these Terms, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach. The rights and remedies of Funner under these Terms are cumulative, and the exercise of any right or remedy shall not limit Funner’s right to exercise any other right or remedy available at law, in equity, or otherwise.

31. Electronic Notices

By using the Site and providing us with your email address, you consent to receive all agreements, notices, disclosures, and other communications from us electronically, including by email or by posting notices on the Site. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing. To withdraw this consent, please email hello@shopfunner.com and discontinue your use of the Site.

32. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable, consistent with the original intent of the parties.

33. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Funner with respect to your use of the Site and supersede all prior and contemporaneous agreements, representations, and understandings. Nothing in these Terms shall be construed as creating any agency, partnership, employment, or joint venture relationship between you and Funner.

34. Contact Us

If you have any questions about these Terms, please contact us:

Funner

General: hello@shopfunner.com

Legal / DMCA / Arbitration Opt-Out: legal@shopfunner.com

Website: www.shopfunner.com

Mailing Address: 1680 Michigan Ave, Suite 1015, Miami Beach, FL 33139