Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

You, The Purchaser, are taking full responsibility for correct use of the specialized products sold at the Action Factory Pro Store. You understand and agree to the Product Specific Risks/Limitations as laid out within the Terms and Conditions and knowingly release Maven Products, LLC / Action Factory, LLC of any and all liability for any use of the products which could result in injury or death.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Maven Products, LLC / Action Factory, LLC. The collective work includes works that are licensed to Maven Products, LLC / Action Factory, LLC. Copyright 2007, Maven Products, LLC / Action Factory, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Maven Products, LLC / Action Factory, LLC or purchasing Maven Products, LLC / Action Factory, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Maven Products, LLC / Action Factory, LLC or to purchase Maven Products, LLC / Action Factory, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Maven Products, LLC / Action Factory, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Maven Products, LLC / Action Factory, LLC used in the site are trademarks or registered trademarks of Maven Products, LLC / Action Factory, LLC.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Maven Products, LLC / Action Factory, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Maven Products, LLC / Action Factory, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Maven Products, LLC / Action Factory, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Maven Products, LLC / Action Factory, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Maven Products, LLC / Action Factory, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Maven Products, LLC / Action Factory, LLC product is mistakenly listed at an incorrect price, Maven Products, LLC / Action Factory, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Maven Products, LLC / Action Factory, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Maven Products, LLC / Action Factory, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Maven Products, LLC / Action Factory, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Maven Products, LLC / Action Factory, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Maven Products, LLC / Action Factory, LLC.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Maven Products, LLC / Action Factory, LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Maven Products, LLC / Action Factory, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Maven Products, LLC / Action Factory, LLC 's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Maven Products, LLC / Action Factory, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Maven Products, LLC / Action Factory, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Maven Products, LLC / Action Factory, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Maven Products, LLC / Action Factory, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Maven Products, LLC / Action Factory, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Maven Products, LLC / Action Factory, LLC in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Maven Products, LLC / Action Factory, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Maven Products, LLC / Action Factory, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Maven Products, LLC / Action Factory, LLC, Maven Products, LLC / Action Factory, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Maven Products, LLC / Action Factory, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Maven Products, LLC / Action Factory, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Fire Products Specific -Terms and Conditions

Purchaser (“User”), as an expressly agreed upon condition of the sale and purchase of Maven Products items bearing the name and/or logo of “Action Factory”, acknowledges User’s awareness and agreement hereby that utilization of the product and participation in activities utilizing the product in a pyrotechnic and/or special effect environment, including but not limited to, fireworks, rockets, explosives, liquid/gas fuels and/or any other kind or type of special effects is an ultra-hazardous activity carrying both implied and explicit risks of serious injuries, death and/or damages to User and to other persons, and/or property.

User expressly assumes all risks of any kind connected with the utilization of the product and all risks of any kind, which may result from participation in any and all activities for which the product may be used. User acknowledges that he/she/it has the necessary and required skill, expertise, training and licensing, as may be applicable or necessary by custom, usage, trade or law, to engage and participate in the ultra-hazardous activities connected with the use, purchase, transportation, or employment of the product(s) sold under this agreement.

User acknowledges that Maven and/or “Action Factory” has not and will not conduct any investigation into the skill, expertise, training and licensing, as may be applicable or necessary by custom, usage, trade or law, of User or of User’s agents, employees and/or assigns, to engage and participate in the ultra-hazardous activities connected with the use, purchase, transportation, or employment of the product.

User expressly agrees that Maven/Action Factory, its officers, employees, members, managers, owners, agents and assigns shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or on account of death, personal injury, property damage or loss of any kind resulting from or related to User’s or User’s employees’, agents’ or assigns’ use of the product, and User expressly agrees to indemnify, defend in any action at law, and hold harmless Maven and Action Factory its officers, employees, members, managers, owners, agents and assigns from any claim, demand, cause of action of any kind whatsoever for, or on account of death, personal injury, property damage or loss of any kind resulting from or related to User’s or User’s employees’, agents’ or assigns’ use of the product, whether bought by the User, User’s agent or assigns, or any third party.

User understands that Maven does not sell “Skin Gel” which is used to perform direct fuel to skin fire stunts, also known as “Naked Burns”. Maven only sells traditional Hydrogels, which if used to perform a “Naked Burn” WILL result in serious injury.

User understands that the HydroGel products contain melaleuca (tea tree oil), which is known to be harmful to cats. User understands that this product is not to be consumed by cats, or any other animal.

User understands that Maven/Action Factory make no warranties or guarantees in regard to its products.

User acknowledges that the assumption of liability and agreement to hold harmless contained herein is a material part of the consideration whereby Maven has been induced to sell the product to User and Maven would not enter into this transaction absent such inducement.

Equipment Products Specific -Terms and Conditions

Purchaser understands that only qualified individuals should operate and maintain this equipment.

Purchaser agrees to make sure all end users will have a FULL understanding of risk while involved with the use of the equipment. This equipment should NEVER be used in a “life line” situation and purchaser agrees to only use equipment under the strictest safety conditions.

Purchaser understands that the use of this equipment can result in serious injury or death if not used properly.

Purchaser acknowledges that Action Factory, LLC / Maven Products, LLC has not and will not conduct any investigation into the skill, expertise, training and licensing, as may be applicable or necessary by custom, usage, trade or law, of User or of User’s agents, employees and/or assigns, to engage and participate in the ultra-hazardous activities connected with the use, purchase, transportation, or employment of the product.

Purchaser expressly agrees that Action Factory, LLC / Maven Products, LLC, its officers, employees, members, managers, owners, agents and assigns shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or on account of death, personal injury, property damage or loss of any kind resulting from or related to User’s or User’s employees’, agents’ or assigns’ use of the product, and User expressly agrees to indemnify, defend in any action at law and hold harmless Action Factory, LLC / Maven Products, LLC, its officers, employees, members, managers, owners, agents and assigns from any claim, demand, cause of action of any kind whatsoever for, or on account of death, personal injury, property damage or loss of any kind resulting from or related to User’s or User’s employees’, agents’ or assigns’ use of the product, whether bought by the User, User’s agent or assigns, or any third party.

Purchaser understands and acknowledges that All Sales Are Final

Rigging Hardware Equipment Specific - Terms and Conditions

Rigging hardware is NEVER to be used in a "life line" situation.

Purchaser understands all rigging applications should be implemented with a safety margin of 10:1, and should never fall below a 5:1 safety margin based on manufacturers equipment failure load ratings to minimize risk of equipment failure that may lead to serious injury or death. Never at any time exceed a manufacturer's breaking load limit. In maintaining safe rigging practices, never implement a rig without expressly knowing the breaking load limits of the equipment in use.

Purchaser fully understands the function of the equipment being purchased and takes full responsibility for its application.

Purchaser agrees and understands they are solely responsible to inform the end user or additional participants of the risks associated with the use of purchased equipment.

Purchaser agrees to maintain all purchased equipment or dispose of equipment damaged during the course of service.

Harness Specific - Terms and Conditions

Harnesses require a 2-year factory re-certification where they are to be sent back to the manufacturer for inspection. Action Factory recommends that a Visual inspection be performed every 6 months or sooner for heavy use.

For California Consumers - California Proposition 65

California residents are generally familiar with California Proposition 65 warnings because they see them so frequently. Citizens of other states who purchase goods made or sold by companies doing business in California also encounter these notices and may find them confusing or troubling. We offer the following to provide some clarity to them and hope all our customers will find it informative and beneficial.

Proposition 65 ("The Safe Drinking Water and Toxic Enforcement Act of 1986") became California state law by direct voter initiative in 1986, carrying a 63%-37% margin. Its goals are to protect drinking water sources from toxic substances that cause cancer, birth defects and other reproductive harm and also to minimize or eliminate exposure of any type to those chemicals by requiring advance warnings of their presence.

Two requirements of Proposition 65 are:

  • Each year, California's Governor must publish a list of substances determined by the state to cause cancer, birth defects and other reproductive harm. More than 850 chemicals are currently listed.
  • Any entity doing business in California and/or selling products to California residents must provide buyers of products containing any listed chemical with a "reasonable warning" against risk of exposure to those substances.

This is our Proposition 65 warning:

WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.

Similar warnings must be posted at locations where listed substances or products containing them are sold, used or stored--including but not limited to--hardware suppliers, grocery stores, drug stores, medical facilities, government agencies, retail stores and parking garages.

A warning of this type is also required for such commonly used products these: goods made of or containing leather, vinyl, foam, plastics and other synthetics; glassware, ceramics and tableware; batteries and/or products containing batteries; beauty and personal hygiene products (including first-aid kits and lotions); medicines, alcohol and even fish.

MORE ABOUT PROPOSITION 65

Proposition 65 is unique in several ways:

Unlike California regulatory statute AB 1108 or federal regulations imposed by the US Consumer Product Safety Improvement Act of 2008 (CSPSIA), Proposition 65 does not restrict or regulate sale of goods containing listed chemicals. Nor does it apply only to products used by children or to care for children. Proposition 65 warnings must be provided to California residents of every age. While this law does specify maximum permitted "safe harbor" limits for listed substances, there are no corresponding minimum amounts. Any detectable amount of a listed substance requires sellers to warn consumers against a risk of possible exposure. Proposition 65 lists only four of six phthalates regulated by AB 1108 and CPSIA (DEHP, DBP, BBP and DIDP). One additional phthalate (DnHP) not regulated by CPSIA or California AB 1108 is listed under Proposition 65:

PHTHALATE REGULATION

Phthalates--a family of chemicals that make plastics soft and pliable--are commonly used in the manufacture of PVC vinyl material. A wide spectrum of products are fabricated from PVC vinyl including furniture, shoes, purses, toys, bags, baby bibs, sporting equipment and hand tools.

Both federal (CPSIA) and California (AB1108) law limit the amount of certain phthalates that can be used in children’s toys and child care items.

A children’s toy is a product designed or intended by the manufacturer to be used by children when they play. A child-care article is defined as a product designed or intended by the manufacturer to facilitate sleep, relaxation or the feeding of children, or to help children with sucking or teething.

Toys used by children over the age of 3 but under age 12 that cannot be placed in a child's mouth cannot contain phthalates known as: DEHP, DBP or BBP in concentrations greater than 0.1%.

Toys used by children younger than 3 years old or that may possibly be placed in a child’s mouth--as well as all child-care items--must not contain phthalates known as DEHP, DBP, BBP, DINP, DIDP or DnOP in concentrations greater than 0.1%

We support and fully comply with Prop 65, CA AB1108 and CPSIA requirements and regulations regarding phthalate content of vinyl material with which we manufacture many of our products. We do so for the wellbeing of all children--yours and ours—and because we’re dedicated to providing you with the best you can buy.

All vinyl fabric used in the construction or manufacture of our products is of a type called 3P vinyl because it contains less than 0.1% concentrations of DEHP, BBP and DBP permitted by both CPSIA and AB 1108 for toys used by children over the age of three