AirPhysio is a patented, award-winning breathing device that is specifically designed to help children breathe easier so they can get back to having fun again. Parents love that it’s 100% natural & drug free!
A Revolutionary Breathing Device That Will Improve Your Child’s life!
After your child uses AirPhysio once, you’ll see why thousands of parents are describing it as “life-changing”.
When your child exhales through AirPhysio, gentle pulses of positive pressure are created in their lungs and airways. These pulses expand airways and help loosen excess mucus, helping them clear it out of their lungs with productive coughing – allowing your child to finally breathe again. It’s proven effective – and your child will feel it working immediately.
Recommended for Children Ages 4 and Up!
Battling a lung condition can be like trying to breathe through a narrow straw your entire life. Imagine being able to remove that straw – allowing your child to take full, effortless breaths again.
AirPhysio helps clear the excess mucus build-up that is responsible for clogging up your child’s lungs. The gentle pulses of pressure quickly open up blocked and semi-closed airways. This natural technique allows them to breathe freely.
Most children feel a huge difference the very first time they use AirPhysio. As quickly as overnight, their lungs may become noticeably clearer, and the more they use it, the stronger and healthier their lungs become.
Participating in physical activity and sports is critical to the development and health of any child. Not only will your child be able to play more, they’ll also notice an improvement in endurance.
AirPhysio’s on-the-go design makes it easy to bring along wherever life takes you and your family! You’ll never need to worry about running out of medicine or filling a prescription. AirPhysio requires no batteries or refills!
We control every step of the process to ensure a safe and high quality product.
They’re real humans, they’re quick, and they actually like talking to you.
Our mission is to help millions of people struggling with respiratory conditions breathe easier.
We control every step of the process to ensure a safe and high quality product.
They’re real humans, they’re quick, and they actually like talking to you.
Our mission is to help millions of people struggling with respiratory conditions breathe easier.
AirPhysio’s medical-grade design is highly-effective towards a variety of respiratory-related conditions. Because of this, doctors and pulmonologists around the world trust AirPhysio for their patients when needed.
AirPhysio’s all-natural approach makes it suitable to help with symptoms for the following conditions: Asthma, COPD, Atelectasis, Bronchiectasis, Cystic Fibrosis, Pneumonia, and many more.
AirPhysio has zero known side-effects. However, you should always consult with a doctor to make sure AirPhysio is right for your child.
AirPhysio is so effective, your child will be able to feel it working the very first time they use it. As quickly as overnight, their lungs may become noticeably clearer – and the more they use it, the stronger and healthier their lungs will become.
After your child uses AirPhysio once, you’ll start to see why parents describe it as “life-changing”. Over time AirPhysio has the power to help with the following issues: wheezing, difficulty sleeping, sore throat, chest congestion, coughs that produce phlegm, and respiratory infections.
AirPhysio is completely safe to use, as there are no known side effects. AirPhysio uses air to accelerate your body’s natural process of removing nasty build-up from your airways – without steroids, chemicals, or toxins.
AirPhysio’s medical-grade design has gone through extensive testing to make sure it’s both safe and effective – another reason why it’s trusted by doctors and pulmonologists.
No, AirPhysio is not painful and is completely safe. Your child may feel a slight tickle in their throat when they blow through the tube and may need to cough but it’s completely normal and is part of their body’s natural cleaning process to remove the mucus in their airways.
Once the mucus has been cleared out of their airways, they’ll feel incredible. Children often describe it as a huge weight being lifted off their chest.
Optimal use can vary by child depending on their needs, but generally, we recommend using AirPhysio a few times a day for the best results. Children who use it regularly should expect to see drastic improvements in their ability to breathe and overall lung health/strength over time.
Although we say AirPhysio works for children ages 4 – 15, any child or person who can take instruction and has the lung capacity to blow the ball bearing will be able to benefit from AirPhysio.
All AirPhysio devices come with a child-resistant cap as an added safety measure to prevent children from disassembling the device.
Sharing the device isn’t recommended. Once you put your mouth on the device and blow through it, you can put others at risk through the sharing and spreading of germs. While AirPhysio can easily be cleaned, it’s highly recommended that everyone have their own device.
Since AirPhysio can also be used by people of all ages, you can take advantage of our “buy more save more” deals going on right now – also great for gifting to friends or family members!
AirPhysio is made from medical-grade quality materials that wash easily so they will last for years. That’s why all AirPhysio’s come with an industry-leading 1-year warranty. Now you can enjoy better breathing for years to come!
Depending on your country, it is possible that you will be charged one or more of these fees when you receive your order.
Please note that all international orders are charged in US dollars. International charges are based on the standard exchange rates between your currency and the US dollar at the time of purchase or refund.
The doctor represented in the above image is an actor
These products are not intended to diagnose, prevent, treat, or cure any disease. This information does not constitute medical advice and it should not be relied upon as such. Consult with your doctor before modifying your regular medical regime.
About This Site
Purchasing here is buying directly from AirPhysio, the inventors of this innovative solution. AirPhysio has partnered with GiddyUp, a curator of innovative products, to present a special offer that you won’t find anywhere else. To support these inventors, please consider buying your AirPhysio on this site.
Copyright © 2022 GiddyUp. All Rights Reserved.
Please click the following link to be added to a global do not mail list
We have a 30-day return policy, which means you have 30 days after receiving your item to request a return.
To be eligible for a return, your item must be returned to us in its original packaging. You will also need to provide a proof of purchase, such as an order number.
To start a return, you can contact us at [email protected]. If your return is accepted, we’ll send you instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. Customer will be responsible for all return shipping costs.
You can always contact us for any return question at [email protected].
Damages and Issues
Please inspect your order upon receipt and contact us immediately if the item is defective, damaged or if you receive the wrong item so that we can evaluate the issue and make it right.
Exchanges
The fastest way to ensure you get what you want is to return the unopened item you have, and once the return is accepted, make a separate purchase for the new item.
Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund.
GiddyUp Privacy Policy
The GiddyUp Group, Inc. (“GiddyUp”) is a US company, based in California. Our mission is to bring you remarkable products from the world’s most innovative companies.
When you use our services, you’re trusting us with your personal data. We understand this is a big responsibility, so we work hard to protect your personal data and put you in control. This Privacy Policy will help you understand what information we collect, why we collect it, and how you can manage your information.
If you are a resident of the European Union (“EU”), the European Economic Area (“EEA”), or Switzerland, processing of your personal data will always be in line with the General Data Protection Regulation (GDPR).
GiddyUp is the Controller of this website, as defined in the GDPR. All personal data collected by GiddyUp is stored exclusively in secure hosting facilities in the US. GiddyUp has data processing agreements in place with our hosting facilities, ensuring compliance with GDPR. Please see our Terms of Service for details. All hosting is performed in accordance with the highest security regulations.
In the case of a personal data breach, we shall notify the effected parties not later than 72 hours after having become aware of it, where feasible and without undue delay, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. If the notification to the effected parties is not made within 72 hours, it shall be accompanied by the reasons for the delay when the notification is made.
If you are located in the US, GiddyUp processes your data solely in data centers located in the US. GiddyUp has adopted reasonable physical, technical and organizational safeguards which substantially mirror the EU safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of your data in GiddyUp’s possession. GiddyUp will promptly notify you in the event of any known unauthorized access to, or use of, your data.
What Information do we collect, and how do we use that Information?
Browser and Device Information. When you visit a GiddyUp website, we automatically collect some information about your device and your web browser based on a legitimate interest to this information, since it is needed to make our website function properly. We collect your browser’s language and country settings so we can display our website in your preferred language and your country’s currency. We collect information about your device in order to adapt our website to be displayed best on your type of device – smartphone, tablet, laptop or desktop.
Marketing Partner Attribution. GiddyUp works with a number of Marketing Partners who advertise GiddyUp products in a variety of places – Facebook, Google, Pinterest, YouTube, MSN, etc. The mix keeps changing, since our Marketing Partners are always trying new ideas. We will update this policy notification as new partners are added.
We have a legitimate interest in these Marketing Partners being properly credited for their efforts. So, we developed a system that passes a unique id for the Marketing Partner and a unique id for this sale across the Web pages you view along the way to making a product purchase. This system makes use of cookies (a small piece of text sent to your browser by a website you visit) and similar technologies. We also pass this identification information as additional parameters added to the end of the Web address of a page. If you leave a GiddyUp website and then come back, we try our best to re-establish this identification information. We also use a third-party processor for managing Marketing Partner attribution – CAKE, which also uses cookies and IP addresses.
Marketing Partner Attribution data is kept for 90 days.
Advertiser Sales Attribution. Another aspect of Marketing Partner attribution that we have a legitimate interest in are the systems provided by the advertisers for keeping track of successful and unsuccessful sales. The advertisers substantially raise the price of advertisements if they do not receive this information, which would make it economically infeasible for our Marketing Partners to operate.
Advertiser Sales Attribution data is kept for 30 days.
Advertising Audience Generation. Advertising platforms such as Facebook and Google have the concept of an audience, which is a group of people that come to a website over a period of time. GiddyUp and our Marketing Partners can utilize audiences in various ways – to have the advertising platforms find people that are similar to the members of an audience, to show the members of an audience additional advertisements, to exclude members of an audience from additional advertisements, etc. GiddyUp has a legitimate interest in these systems, since advertising would not be financially feasible without utilizing audience mechanisms. But we understand if you do not wish to participate. You can opt-out of being part of an audience by unchecking the box below:
ON OFF
Advertising Audience Generation data is kept for 90 days.
Behavioral Tracking. GiddyUp makes use of third-party behavioral tracking systems such as HotJar, Google Analytics, Amplitude and Optimizely. These systems allow us to observe how people use our websites and enable us to improve how they operate. We also use these systems to perform A/B testing of new features and site improvements. This processing is a legitimate interest, but we understand that you might not wish to participate. You can opt-out of behavioral tracking by unchecking the box below:
ON OFF
Behavioral Tracking data is kept for up to 14 months.
Personal Information Collected When Purchasing Products. When you make a purchase or attempt to make a purchase on our website, we collect the following personal information:
We refer to this information as “Order Information”. We use the Order Information to fulfill your order (including processing your payment information, arranging for shipping, and providing you with order acknowledgement and shipping confirmation emails). We will also send you reminder emails if you fill out some of the Order Information but don’t complete the purchase.
We store your Order Information for at least year, since we are contractually obligated to be able to communicate with you about warranty coverage or other customer service issues. If a product has a warranty period longer than a year, your Order Information will be retained for that period.
Communications from us after Product Purchase. GiddyUp will occasionally send you an email, text or instant message to let you know about new products or special offers available to you. You will always be able to opt-out of these communications if you wish. This is permitted based on the soft opt-in exemption for communicating with existing customers under the 2002 European ePrivacy Directive.
Do Not Track. Most modern web browsers give you the option to send a Do Not Track signal to the websites you visit. However, there is no accepted standard for how a website should respond to this signal. We currently do not respond to do not track or similar signals.
Your Rights under the GDPR
Here is a list of the rights that all residents of the European Economic Area have under the GDPR. They don’t apply in all circumstances – if you wish to use any of them, we’ll explain at that time if they are engaged or not.
With respect to GiddyUp and matters relating to privacy and data protection, we can be reached via email at [email protected], or at the following address:
Attn: Privacy Matter
The GiddyUp Group, Inc.
20 N. Oak St.
Ventura, CA 93001
USA
Please email us if you would like your personal data deleted.
You can also contact our Data Protection Officer by sending us an email with a subject line of “DPO Contact Request”.
Additional information for California residents and their rights under the California Consumer Privacy Act (CCPA)
GiddyUp does not collect personal information from California residents who we know are under 16 years of age. We do not sell, as defined in the CCPA, the personal information that we collect.
Subject to certain exceptions and restrictions, the CCPA provides California consumers the right to request to:
1) Know more details about the categories or specific pieces of personal information that we collect (including how We use and disclose this information);
2) Delete personal information;
3) Opt out of any sales that may be occurring.
Please note that for any of these requests, we will need to verify your identity prior to fulfilling your request in order to protect your privacy and security. Also, please be advised that we need certain types of information in order to provide our services. We will not discriminate against you should you choose to exercise your options under the CCPA.
California residents may make a request pursuant to their rights under the CCPA by contacting us at [email protected]. We will verify your request using the information associated with Your account, including email address. Government identification may be required. Residents can also designate an authorized agent to exercise these rights on their behalf by providing us documentation sufficiently demonstrating that You have granted that authorized agent those rights.
Changes to this Policy
We may change this Privacy Policy from time to time in order to reflect changes in the law or changes to our privacy practices. We encourage you to check this privacy notice for changes whenever you visit a GiddyUp website.
Conditions of Use
We assume that all users of this website and the GiddyUp platform have carefully read this document and agree to its contents. If you do not agree with this Privacy Policy, you should refrain from using our website and platform. We reserve the right to change our Privacy Policy as necessity dictates. Continued use of GiddyUp’s website and platform after having been informed of any such changes to these conditions implies acceptance of the revised privacy policy. This privacy policy is an integral part of GiddyUp’s Terms and Conditions.
Contact Us
If you have any questions, please send us an email at [email protected].
Effective Date of this Privacy Policy
This Privacy Policy is effective as of May 27, 2018 and last updated December 31, 2019.
GiddyUp Terms and Conditions
OVERVIEW
This website is operated by The GiddyUp Group, Inc. (“GiddyUp”). Throughout the site, the terms “we”, “us” and “our” refer to GiddyUp. GiddyUp 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”), 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 e-commerce order processing is performed by The GiddyUp Group, Inc. and Shopify Inc. Shopify provides us with an online e-commerce platform that we use as part of our e-commerce solution for selling 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 that are at least 13 years old 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.
We sell our products all over the world, and as a courtesy we display product prices in your native currency. The GiddyUp Group, Inc. is a United States company, therefore your purchase will be charged in US Dollars.
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
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 any time 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, at 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 which we neither monitor nor have any control over nor input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis 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 thereof 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 at our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which 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 rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, nor 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.
SECTION10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by 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 GiddyUp, 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 such a 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 GiddyUp 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 Jurisdiction
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of the State of California without regard to the choice of law principles thereof. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the State of California for the adjudication of any dispute hereunder or in connection herewith or therewith or with any transaction contemplated hereby or thereby, and hereby irrevocably waives any objection that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law.
SECTION 19 – Third-Party Services
In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, GiddyUp‘s partners or other third parties.
GiddyUp may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third-Party Services are made available only as a convenience, and your purchase, access or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third-Party Provider”). Any use by you of Third Party Services offered through the Services or GiddyUp‘s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them. In some instances, GiddyUp may receive a revenue share from Third Party Providers that GiddyUp recommends to you.
We do not provide any warranties with respect to Third Party Services. You acknowledge that GiddyUp has no control over Third Party Services and shall not be responsible or liable to anyone for such Third-Party Services. The availability of Third Party Services on GiddyUp‘s websites, including the GiddyUp App Store, or the integration or enabling of such Third-Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with GiddyUp. GiddyUp does not guarantee the availability of Third Party Services and you acknowledge that GiddyUp may disable access to any Third-Party Services at any time in its sole discretion and without notice to you. GiddyUp is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service. GiddyUp strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates, you should charge to your customers.
If you install or enable a Third-Party Service for use with the Services, you grant us permission to allow the applicable Third-Party Provider to access your data and to take any other actions as required for the interoperation of the Third-Party Service with the Services, and any exchange of data or other interaction between you and the Third-Party Provider is solely between you and such Third-Party Provider. GiddyUp is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third-Party Service or a Third-Party Provider to your data or other Materials.
Under no circumstances shall GiddyUp be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider, including any Expert. These limitations shall apply even if GiddyUp has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, GiddyUp partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys‘ fees, arising out of your use of a Third-Party Service or your relationship with a Third-Party Provider.
GiddyUp supports the protection of intellectual property and asks GiddyUp merchants to do the same. It is our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to the GiddyUp designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.
GiddyUp respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don‘t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send GiddyUp a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.
SECTION 21 – PRIVACY and DATA PROTECTION
GiddyUp is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that GiddyUp’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
SECTION 22 – 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 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected], or to the following address:
Attn: Terms of Service Matter
The GiddyUp Group, Inc.
20 N. Oak St.
Ventura, CA 93001
USA
