IMPORTANT SAFETY INFORMATION — PLEASE READ BEFORE PURCHASE.
Splash Tac Toe is an underwater pool game that involves diving and swimming beneath the water’s surface. Use of this product carries inherent risks, including but not limited to drowning, spinal cord injury, paralysis, shallow water blackout, and death. By purchasing, using, or permitting the use of this product, you acknowledge that you have read and understand all product warnings, instructions, and disclosures, and that you voluntarily assume all risks associated with the use of this product.

Funday Supply provides this product for recreational use only. Funday Supply does not warrant that use of this product is safe for all individuals or in all environments. It is the purchaser’s and user’s sole responsibility to evaluate whether the product is appropriate for the intended users and the specific pool environment. Funday Supply strongly recommends that all users be competent swimmers, that children be supervised by a responsible adult at all times, and that all users observe the safety instructions included with the product.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUNDAY SUPPLY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MANUFACTURERS, DISTRIBUTORS, AND AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, OR LOSS OF PROFITS, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE RELEASED PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Terms of Sale and Use
By completing a purchase on fundaysupply.com or through an authorized retailer, the purchaser agrees that (a) the purchaser has read and understands all warnings and instructions associated with the product, (b) the purchaser assumes all responsibility for ensuring the product is used in accordance with the instructions and warnings provided, (c) the purchaser will communicate all product warnings and instructions to any person who uses or is permitted to use the product, and (d) the purchaser will not permit any person to use the product who is not a competent swimmer or who is not under the active supervision of a responsible adult, as applicable.

Indemnification
To the fullest extent permitted by applicable law, the purchaser and each user of the product agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (a) the use or misuse of the product, (b) failure to follow the product warnings or instructions, or (c) any breach of these Terms of Sale and Use.

VOLUNTARY ASSUMPTION OF RISK
The use of Splash Tac Toe involves inherent risks that cannot be eliminated regardless of the care taken to avoid them. These risks include, but are not limited to, drowning, near-drowning, spinal cord injury, traumatic brain injury, paralysis, loss of consciousness, shallow water blackout, respiratory distress, lacerations, contusions, sprains, fractures, and death. By purchasing, opening, or using this product, or by permitting another person to use this product, you acknowledge that you have been informed of these risks, that you understand them, and that you voluntarily and knowingly assume all such risks, both known and unknown.

You further acknowledge that swimming, diving, and underwater activities are inherently dangerous and that no amount of instruction, supervision, equipment, or precaution can eliminate all risks of injury or death. You agree that the Released Parties are not responsible for any injury, illness, damage, or death resulting from the inherent risks of pool activities and the use of this product.

MISUSE OF PRODUCT
This product is designed solely for the purpose described in the included instructions. The following constitute misuse of this product and void any and all warranties, express or implied, and release the Released Parties from any liability arising therefrom:

Using the product in water less than five (5) feet deep. Using the product in any body of water other than a properly maintained swimming pool, including but not limited to lakes, rivers, oceans, ponds, hot tubs, or inflatable pools. Using the product without competent adult supervision when children under 14 are present. Using the product while under the influence of alcohol, drugs, or any substance that impairs judgment, coordination, or physical ability. Modifying, altering, or tampering with the product or its components in any way. Using the product for any purpose other than the game described in the instructions. Diving headfirst to retrieve game pieces. Throwing game pieces at, toward, or in the direction of another person. Using the product as a flotation device, teething toy, or for any purpose not described in the included instructions. Using the product if any game piece is visibly damaged, torn, cracked, or degraded. Engaging in prolonged or competitive breath-holding while using the product.

Any use of the product that is inconsistent with the warnings, instructions, and disclosures provided constitutes misuse, and the user assumes all risk of injury, illness, or death arising from such misuse.