Store Info and Payment

Company Details:

UltraPoi, LLC was founded by Stephen and Ryan Wilson on December 01, 2010. We innovate from Houston, the 4th largest city in the USA, located in the great state of Texas! To see more of our story, view our About Us.

Many of your questions can be answered with the other tabs on this Store Info Page.  Please contact us with any additional questions or concerns you may have.

Customer Service:

Please use our Contact Tool, or text/call us at (281) 766-7764

Product Support:

Please use our Product Support Form for help with any issues you are having with UltraPoi products.

Wholesale:

Please use our Wholesale Contact Tool

Mailing Address:

Ultra Poi, LLC

12239 Briar Forest Dr

Houston, Tx 77077

(281) 766-7764

Our number one goal is your safety. We take all necessary steps to ensure a safe and friendly shopping experience here at UltraPoi.  We do not share your information with ANYONE! Nor will we disclose any personal information to a third party without your consent.  We do not save or store any credit card or payment information. This is for your protection against fraud, scams, and hacking. We offer several secure payment options for checkout, Protected Credit/Debit Card, Shop Pay, and PayPal. We also offer AfterPay: Buy now pay later with 4 easy interest free payments due every two weeks.

Shipping and returns

Shipping Protection Insurance

During the checkout process we highly recommend that you purchase Route Shipping Protection from Damage, Loss & Theft for just a few dollars. Customers must file a claim with Route Insurance within 30 days for domestic and 60 days for international from the day the order was placed. Ultra Poi, LLC is not liable for lost, damaged, or stolen items. Although please contact us and we will work with you to find a reasonable solution.

Domestic Shipping (USA)

We ship to all 50 states mainly using the United States Postal Service. If you require a different service, please contact us prior to your order. Our Domestic shipping options include: First-Class, Priority, and Express. Shipping speeds are an estimation and are not guaranteed

Savers Economy Shipping | Estimated 4+ Days (Value) $0.00–$84.99 $5.00

Savers Economy Shipping | Estimated 4+ Days (Value) $85.00 and up Free

Tracked Priority Shipping | Estimated 2-4 Days (Recommended) 0lb–3lb $9.95

Tracked Priority Shipping | Estimated 2-4 Days (Recommended) 3.01lb–6lb $16.95

VIP Express Shipping | Estimated 1-2 Days (Rush) 0lb–3lb $34.95

VIP Express Shipping | Estimated 1-2 Days (Rush) 3.01lb–6lb $50.95

All Domestic orders typically ship out within 24-48 hours M-F, unless they are a custom order item (Staff, Hoop, Wand, Fan etc), in which case it may take a 5-20 days for the construction. Shipping options provided during checkout are approximate shipping speedsnot guaranteed delivery dates! Please note, we are a small, family business, and do not ship on weekends. Thank you for understanding and your continued support. 

You will receive an email with tracking information when your order has shipped. If you did not receive this email, please check your spam folder, and also be sure you entered the correct email address. If you believe you did not receive a tracking number or need help tracking a package, please contact us and we will resend tracking information. 

Please make sure to review your shipping address carefully, we are not responsible for packages that are marked "Undeliverable" or "Return to Sender", you may be required to pay an additional shipping fee to reship your order as we will be required to purchase a new shipping label.You also have the option to request a refund for returned packages but we will deduct the price paid for the original shipping label.

Please choose your shipping option correctly on the checkout page! If you would like to make a change, please contact us ASAP. All orders with a value of $750 and above are required to have a signature delivery, if you would like to request a signature delivery on a lower value purchase, please request prior to the time of placing the order.

International Shipping (Non-USA)

We ship anywhere in the WORLD directly from our website! If you are having difficulties placing an international order, please contact our friendly customer support staff. Our International shipping options include: Standard, and Rush. Shipping speeds are an estimation which can be delayed by many factors including Customs/Duties and are not guaranteed. 

Light-Weight Standard International Shipping | Estimated 15-45 Days 0lb–0.6lb $15.00         

Normal Weight Standard International Shipping | Estimated 15-45 Days 0lb–2lb $30.00

Medium-Weight International Shipping | Estimated 15-45 Days 2.1lb–3lb $65.00                    

Heavy-Weight International Shipping | Estimated 15-45 Days 3.1lb–5lb $90.00         

Rush International Shipping | Estimated 6-10 Days 0lb–2lb $65.00

All International orders typically ship out within 24-48 hours M-F, unless they are a custom order item, (Staff, Hoop, Wand, Fan etc), in which case it may take a 5-20 days for the construction. Shipping options provided during checkout are approximate shipping speeds, not guaranteed delivery dates! Please note, we are a small, family business, and do not ship on weekends. Thank you for understanding and your continued support!

You will receive an email with tracking information when your order has shipped. If you did not receive this email, please check your spam folder, and also be sure you entered the correct email address. If you believe you did not receive a tracking number or need help tracking a package, please contact us and we will resend tracking information. 

Please make sure to review your shipping address carefully, we are not responsible for packages that are marked "Undeliverable" or "Return to Sender", you may be required to pay an additional shipping fee to reship your order as we will be required to purchase a new shipping labelYou also have the option to request a refund for returned packages but we will deduct the price paid for the original shipping label.

Ultra Poi, LLC is not responsible for any lost, damaged, or stolen packages for international orders. Due to inconsistencies in customs and duties from country to country, we cannot assume responsibility for issues with covering additional customs charges/duties/taxes/fees in your country. You may be responsible to pay these charges to have your package released depending on your location. If you are unsure whether an item can ship to your country, it is your responsibility to contact customs and get necessary verification.

Shipping charges for international orders are a flat rate. If your order exceeds our weight limits for flat rate shipping, we will contact you prior to shipping to make the necessary arrangements. If you have an unusually large order, please contact us to place an order.

Please choose your shipping option correctly on the checkout page! If you would like to make a change, please contact us ASAP. All orders with a value of $750 and above are required to have a signature delivery, if you would like to request a signature delivery on a lower value purchase, please request prior to the time of placing the order.

Most packages ship from Houston,Texas, United States, with postal code 77077.

Unfortunately, we cannot speed up the postal system, change the address on a shipped package or contact your local post office to make a special request on your behalf. We of course will contact you if we receive return mail that is marked undeliverable. Although it will be your responsibility to cover the cost of a new shipping labelif the error was not our fault.

Shipping times are estimated, not guaranteed, and contingent upon the United States Postal Service. They are usually reliable with their delivery times. However, we do not guarantee delivery times for packages or offer refunds for shipping if they do not arrive in the estimated time frame.

According to USPS, only Priority Express Mail shipments are eligible for a refund claim if they miss the 1-2 Business day delivery window. If you have an issue with improper delivery time, please contact USPS using your tracking number and order information to make a claim.

We reserve the right to not ship out your order within 24 hours if there is any issue with payment, shipping cost, inventory, shipping address, billing, or any unforeseen incidents. We of course will contact the customer in the event that any of these circumstances occur.

Returns Policy Guide:

1. Please contact us within 30 days from the date of delivery to initiate your return.

2. Items will only be accepted for a full refund if they are in perfect resellable condition, and include all original accessories (cables, batteries, etc.) and manuals.

3. Items not in new resellable condition incur a 20% restocking feeor more depending on the state of the product.

4. You are responsible for return shipping. Shipping charges on your original order are non-refundable. If you received free shipping, the cost of shipping will be charged.

5. We may choose not to accept returns of sale items for a refund. 

6. Custom products that are made on demand and have been crafted to a specific size or weight cannot be returned.

Return shipping address is:

Name: Ultra Poi, LLC

Street: 12239 Briar Forest Dr.

City: Houston State: Texas Zip Code: 77077 Country:USA

When making a return, do not forget: 

1. Please include a note with contact info or print the return email exchange and include it in the package.

2. Send us an email with your tracking number after your return is mailed so we can track the item. (We cannot be responsible for returns lost without tracking)

3. In the event that you are not able to obtain a mailing label, you may request one by sending us an email, but the cost will be deducted from the total refund.

Other important FAQ:

If you would like to cancel an order you have just placed, please contact us immediately. We will gladly cancel any accidental orders free of charge that have not yet begun production. All orders ship in record breaking speed and once your order is processing, in production, or has been shipped, it cannot be canceled.

Once your order has been processed, Shipping and Handling Costs cannot be refunded. To prevent issues, please contact us before ordering if you have any confusion.

If your order arrived damaged, you must contact us within 24 hours of receiving your order due to the nature of our product line. We will request that you send the item back to us, at which time we will reimburse the original shipping cost and send you a replacement item or a total refund.

Refunds will be made only to verified credit cards used at purchase or given in the form of store credit.

For order disputes, late delivery, missing packages, or other order related issues, please contact us immediately. We only utilize trusted logistics companies, and final decisions will be based on the outcome of their research and analysis of each package.

Although it is a rare occurrence, we reserve the right to cancel any orders that may be affected by out-of-stock items, pricing errors, shipping errors, or any unforeseen issues. You will be contacted if any of these issues arise.

Product Support and Disclaimers

Limited Lifetime Warranty, Defective & Damaged Product Replacement:

We offer a lifetime manufacturer’s warranty on all of our LED light up products; this way you can buy with confidence. We are the world leaders in Poi and Flow Arts, and we have been in business since 2010, so you can count on us to be there when you need service!

What is Covered:

We cover any defects in materials or workmanship, which includes electrical components. If it is our fault that a part fails, we will take full responsibility.

If the product is not working and not physically damaged (wear, cracks, or water damage), we will replace it for free with returned Product + Shipping.  If the Product is not working and physically damaged, we will replace it for a discounted fee with returned Product + Shipping.

Length of Coverage: 

Lifetime coverage* for all of our lightsexcluding the UltraHoop which has a 1 year warranty with reasonable repair fees after the warranty expires.

*Please note that after 60 days, customers are responsible for paying the return shipping fees.

What is Not Covered:

Any physical damage, abuse, theft, loss or regular wear and tear. Protective cases, ropes, socks, and handles are meant to wear down over time, we offer affordable replacements on our website in the:parts section.

Please contact us before sending any products to be replaced.  Any product sent to us without contacting us first will not be replaced.

Begin Support:

To request any type of product service please click here to start the process.

Our products should not be combined with products or parts from other manufacturers unless specifically authorized by us and such other manufacturers.  Any unauthorized product combination may void the warranty of our products and other manufacturers’ products.

This product has the potential for injuries. By purchasing, ordering and or using the product or any products from Ultra Poi, LLC or its affiliates and partners, you (or related users) are responsible for any risks, injury or damage. You release Ultra Poi, LLC and affiliates, employees, and partners from any responsibility or liability for any injury, accident or death caused by any of its products whether directly or indirectly. It is the responsibility of the individual user to take the necessary precautions to minimize hazards. Using this equipment states that you fully accept these terms and conditions and that you are accepting full and unconditional responsibility for any and all consequences caused.

Policy and Terms

Privacy Policy by Ultra Poi, LLC for https://www.ultrapoi.com/

This Privacy Policy was last updated on January 01, 2022

Ultra Poi, LLC ("UltraPoi", "we", or "us") takes the privacy and protection of your Personal Information very seriously. By visiting and using our website (the "Site") you acknowledge that you accept the practices and policies outlined in this Privacy Policy ("Privacy Policy").

What This Privacy Policy Covers

This Privacy Policy describes UltraPoi' practices with respect to Personal Information and Anonymous Information that we collect when you use the Site. "Personal Information" is information that is personally identifiable like names, addresses, e-mail addresses, or phone numbers, as well as other non-public information that is associated with the foregoing. "Anonymous Information" means information that is not associated with or linked to your Personal Information; Anonymous Information does not permit the identification of individual persons.

By using the Site or submitting Personal Information to the Site, you expressly consent to the processing of your Personal Information according to this Privacy Policy. Your Personal Information may be processed in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country, and by using the Site or submitting Personal Information through the Site, you are expressly consenting to such processing.

Personal Information We Collect

If you register through the Site, we collect your full name, e-mail address, billing address, shipping address and phone number. When you contact us through our website contact form, we will collect your e-mail address and any information that is provided in the form. When you contact us by sending us an e-mail, we will collect any information that is contained in (and/or attached to) your e-mail.

Personal Information Collected Via Technology

As you use the Site, certain information may also be collected passively, including your Internet protocol (IP) address and the browser that you use to visit the Site. UltraPoi also stores a small text file called a "Cookies" on your computer to store your login information (if any). UltraPoi may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). We use this information to allow products to remain in your cart, to remember your login information, and to learn more about how people use the Site so that we may make improvements. Since the foregoing information may be collected when you are signed into the Site, this information may be associated by us with Personal Information that we have collected from you. We only use Anonymous information for Site and marketing optimization.

Other data collected may include, website activity, device and browser information, dd data, and data from ad partners.

Data Sharing

We may share information about how you have interacted with that our site or its Ads.

We contract with companies who help with parts of our business operations. We require that our service providers only use your information in connection with the services they perform for us.

Our Advertisers may contract with companies who handle data (such as Advertisers’ customer lists) for them or with our subsidiaries and related companies.

When we are under a legal obligation to do so, for example to comply with a binding order of a court, or where disclosure is necessary to exercise, establish or defend the legal rights of Ultra Poi, LLC or any other third party.

We also share hashed email addresses (or other identifiers associated with those hashes), technical data that we collect about your browsing habits and your device (such as data relating to our cookies, tracking pixels and similar technologies) with other ad companies in the digital advertising ecosystem. This enables them and us to better target ads to you.

Finally, we may disclose aggregated, anonymized information with other third parties.

Purchases made through the Site

All orders for products through the Site will be fulfilled by us. We do not collect or store your credit card or Paypal payment information.

How we use information we collect

We may use your Personal Information in the following ways:

1. To process and fulfill your order, including to send you emails to confirm your order status and shipment;

2. To communicate with you and to send you information by email about our products, services, contests, and promotions, unless you have unsubscribed from our email communications;

3. To contact you if necessary.

You can opt out of receiving targeted ads served by us or on our behalf by clicking on the blue icon that typically appears in the corner of the ads we serve or visiting www.aboutads.info

Feedback

If you provide feedback about the Site to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy.

Data Retention

We retain the identifiable data we collect directly for targeting purposes for 13 months, after which time we employ measures to de-identify the data by removing unique identifiers and truncating associated IP addresses.

Identifiable data collected for other purposes is held no longer than necessary for our business purposes or to meet legal requirements.

Disclosure of Personal Information

We will NEVER sell your Personal Information. Except as otherwise stated in this Privacy Policy, we do not disclose to or share your Personal Information with third parties, unless you ask or authorize us to do so.

We may (and you authorize us to) disclose information we have collected from and about you (including Personal Information) if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) to enforce any agreement we may have entered into with you and to enforce the Privacy Policy; or (c) to protect and defend the rights or property of us, other users of the Site, or third parties.

Choices Regarding Personal Information

We will include unsubscribe instructions in each newsletter or promotional communication you receive from us.

We may send you service-related announcements (such as, but not limited to, notice that we have changed the Site or the Privacy Policy) when we believe it is necessary to do so. You may not opt-out of these communications, which are not promotional in nature, but if you do not wish to receive these announcements, you have the option to terminate your registration. You understand that any such termination of your registration may involve deletion of your Personal Information from our live databases. If you'd like us to delete your registration, please email us at support@ultrapoi.com. When we delete information that we have collected from or about you, it will be deleted from our active databases but may remain in our archives.

Links to Other Websites

The Site may contain links to other websites that are not owned or controlled by UltraPoi. The provision of such links is for your convenience and does not signify our endorsement of such websites or locations or their contents. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites. Please be aware that the terms of the Privacy Policy do not apply to any outside websites.

Privacy of Minors

We do not intentionally collect or maintain information from persons under the age of 13.

Security and Confidentiality

UltraPoi has put in place commercially reasonable and appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However, no company, including UltraPoi, can fully eliminate security risks associated with Personal Information.

Changes in this Privacy Policy

We may amend this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will notify you through the Site interface. You agree that such amended Privacy Policy will be effective thirty (30) days after being posted, and your continued access to the Site after that time shall constitute your acceptance of the amended Privacy Policy.

Mobile Messages Service Terms and Conditions

The Ultra Poi, LLC mobile message service (the "Service") is operated by Ultra Poi, LLC (“Ultra Poi, LLC”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Ultra Poi, LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Ultra Poi, LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Ultra Poi, LLC. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may 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.

You may opt-out of the Service at any time. [[If sending in the US or Canada] Text the single keyword command STOP. If sending using an alphanumeric sender ID in the UK or Australia, Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Ultra Poi, LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP or email our support link.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please read our full Privacy Policy.

Contact Us

If you have any questions or suggestions regarding our Privacy Policy please contact us by sending us a message to our Contact Tool

Terms of Service by Ultra Poi, LLC for https://www.ultrapoi.com/

OVERVIEW

This website is operated by Ultra Poi, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Ultra Poi, LLC. Ultra Poi, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Ultra Poi, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ultra Poi, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas in the United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - MOBILE MESSAGE SERVICE

The Ultra Poi, LLC mobile message service (the "Service") is operated by Ultra Poi, LLC (“Ultra Poi, LLC”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Ultra Poi, LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Ultra Poi, LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Ultra Poi, LLC. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may 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.

You may opt-out of the Service at any time. [[If sending in the US or Canada] Text the single keyword command STOP. If sending using an alphanumeric sender ID in the UK or Australia, Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Ultra Poi, LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP or email our support link.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please read our full Privacy Policy.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us using our Contact Tool.