Eligibility and Use of Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. By using the Site, you represent that you are at least the age of majority in your state or province of residence, or that you are using the Site with the involvement and consent of a parent or legal guardian where permitted by law.

You may not use the Site in any way that could damage, disable, overburden, interfere with, or impair the Site or interfere with another party’s use of the Site.

Products and Product Information

We make reasonable efforts to display products, colors, descriptions, dimensions, and other information on the Site as accurately as possible. However, actual product appearance may vary due to screen settings, photography, manufacturing variation, inflation method, lighting conditions, and other factors.

All products are subject to availability. We reserve the right to limit quantities, discontinue products, substitute packaging, update product details, or revise product offerings at any time without prior notice.

Pricing and Availability

All prices are shown in U.S. dollars unless otherwise stated. Pricing, promotions, discounts, shipping charges, and product availability are subject to change without notice.

We reserve the right to correct pricing errors, typographical errors, inaccuracies, or omissions at any time, including after an order has been submitted. If an error affects your order, we may cancel the order and notify you using the contact information provided at checkout.

Orders and Acceptance

Your order is an offer to purchase. Receipt of an order confirmation email does not mean that we have accepted your order. We reserve the right, in our sole discretion, to accept, decline, limit, or cancel any order for any lawful reason, including product unavailability, suspected fraud, pricing errors, suspected resale violations, or issues identified with payment, shipping, or account information.

If your payment method has already been charged for an order we cancel, we will issue a refund in the amount charged, subject to processing times imposed by your payment provider or financial institution.

Payment Terms

By submitting payment information, you represent and warrant that you are authorized to use the selected payment method and authorize us and our third-party payment processors to charge the full amount of your order, including applicable taxes, shipping, and other disclosed charges.

Payments are processed through third-party payment providers. We are not responsible for errors caused by payment processors, banks, card issuers, or third-party fraud-prevention systems.

Shipping, Delivery, and Risk of Loss

Any shipping or delivery dates provided on the Site, in email communications, or in order updates are estimates only unless expressly stated otherwise in writing. We are not liable for shipping carrier delays, delivery failures caused by inaccurate address information, weather events, force majeure events, or other delays outside our reasonable control.

Risk of loss and title for physical products pass to you upon our delivery of the order to the shipping carrier, except where otherwise required by applicable law.

Returns, Refunds, and Exchanges

Returns, refunds, exchanges, and related eligibility are governed by our then-current return policy posted on the Site. We reserve the right to refuse returns or refunds that do not comply with our posted policies, including items returned outside the allowed window, items showing signs of use, items missing components, or items otherwise ineligible under our return policy.

To the extent there is any conflict between these Terms and a separately posted return policy, the return policy will control with respect to returns and refunds.

Accounts and Account Security

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete account information and to promptly update it if it changes.

We reserve the right to suspend or terminate accounts at our discretion for suspected fraud, abuse, unauthorized activity, or violation of these Terms.

Intellectual Property

All content on the Site, including but not limited to text, product names, product descriptions, graphics, photographs, videos, logos, designs, icons, branding, page layouts, and other materials, is owned by or licensed to Holiball and is protected by intellectual property, trademark, copyright, and other applicable laws.

You may not copy, reproduce, republish, upload, distribute, transmit, modify, create derivative works from, or exploit any Site content without our prior written consent, except for personal, non-commercial use expressly permitted by law.

User Submissions and Reviews

If you submit reviews, photos, comments, suggestions, testimonials, social media tags, or other content to us or through the Site, you grant Holiball a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, and otherwise use that content in connection with our business, marketing, and promotional efforts, subject to applicable law.

You represent that you own or control all rights in any content you submit and that your submission does not violate any law or the rights of any third party.

Prohibited Conduct

You agree not to:

• Use the Site for any unlawful, fraudulent, or misleading purpose
• Interfere with the operation or security of the Site
• Attempt to gain unauthorized access to systems, accounts, or data
• Scrape, harvest, or collect information from the Site without authorization
• Upload or transmit malicious code, viruses, or harmful content
• Impersonate another person or misrepresent your affiliation
• Use our trademarks, product images, or content without permission

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL PRODUCTS, CONTENT, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLIBALL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLIBALL AND ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THE SITE, ANY PRODUCT PURCHASED THROUGH THE SITE, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, ANY ORDER, ANY PRODUCT, OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO HOLIBALL FOR THE SPECIFIC PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Holiball and its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, losses, liabilities, damages, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Site, your violation of these Terms, your violation of applicable law, or your infringement of any rights of another person or entity.

Privacy

Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, and disclose personal information. By using the Site, you acknowledge that you have reviewed our Privacy Policy.

Governing Law

These Terms and any dispute arising out of or related to the Site, any order, or these Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product purchased through the Site shall be resolved exclusively in the state or federal courts located in Harris County, Texas, unless otherwise required by applicable law. You consent to the personal jurisdiction and venue of those courts.

If you want this section converted to mandatory arbitration with class-action waiver language, that should be reviewed by legal counsel before posting.

Changes to These Terms

We may update or revise these Terms at any time in our sole discretion. When we do, we will post the updated version on this page and revise the “Last Updated” date above. Your continued use of the Site after updated Terms are posted constitutes your acceptance of the revised Terms to the extent permitted by law.

Severability and Waiver

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other right.

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