Terms of service

Last Updated: 3-15-2026

OVERVIEW

This website is operated by FAFCO Surplus by Sun Water Fun LLC. Throughout the site, the terms “we,” “us,” and “our” refer to FAFCO Surplus by Sun Water Fun LLC. We provide this website, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all the 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 of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or linked via hyperlinks. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using any part of our website. If you do not agree to all of the terms and conditions stated herein, then you may not access the website or use any services. Continued use of the website following any posted updates to these Terms constitutes acceptance of those updates.

Our website is built on a third-party e-commerce platform that provides us the tools to sell our products and services to you securely and efficiently.

SMS TERMS & CONDITIONS

By opting in to receive SMS (text message) communications from FAFCO Surplus by Sun Water Fun LLC, you agree to receive text messages related to your interactions with us. These messages may include, but are not limited to:

●    Order confirmations

●    Shipping updates

●    Appointment reminders

●    Customer service responses

●    Account notifications

●    Promotional or marketing offers (if you have opted in to receive marketing messages)

Message frequency may vary depending on your interactions with us. Message and data rates may apply based on your mobile carrier plan.

You may opt out of receiving SMS messages at any time by replying STOP to any message you receive from us. After you send the STOP message, you may receive a final confirmation message confirming that you have been unsubscribed. After this, you will no longer receive SMS messages unless you opt in again.

For assistance, reply HELP to any message or contact us using the information provided in the Contact Information section below.

Mobile carriers are not liable for delayed or undelivered messages.

By opting in, you represent that you are at least 18 years old or have the consent of a parent or legal guardian to receive SMS communications.

Your participation in our SMS program is also subject to our Privacy Policy, which explains how we collect and use personal information.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence. If you are under the age of majority, you may only use this website with the involvement and permission of a parent or legal guardian.

You may not use our products or services for any unlawful or unauthorized purposes. By using the site, you agree not to violate any laws in your jurisdiction, including but not limited to copyright laws or regulations related to online commerce.

You are strictly prohibited from transmitting any viruses, malware, worms, or any code of a destructive nature through our site. Any breach of these terms will result in immediate termination of your access to our services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. This may include (but is not limited to) cases of suspected fraud, abuse of services, or violations of our Terms.

You understand that your non-sensitive content (excluding payment information) may be transferred across networks unencrypted, including transmission over various platforms and necessary formatting to meet technical requirements. Credit card information is always encrypted during transfer using industry-standard security protocols.

You agree not to duplicate, copy, resell, or exploit any part of our service or website—including content, code, or products—without prior written permission from us.

SECTION 3 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

While we make every effort to provide accurate and up-to-date information, we are not responsible if information on this site is inaccurate, incomplete, or not current. The materials on this website are intended for general informational use only and should not be relied upon as the sole basis for decision-making.

Any historical or outdated information on this site is provided for reference purposes only. We reserve the right to modify website content at any time, but we are under no obligation to do so. You agree that it is your responsibility to monitor any changes made to our site.

SECTION 4 – MODIFICATIONS TO SERVICE & PRICES

Prices for our products and services are subject to change at any time without notice. While we strive to keep pricing consistent, market fluctuations, availability, and operational costs may affect pricing.

We reserve the right to modify or discontinue any part of the website, service, or product line at any time, without prior notice. We are not liable to you or any third party for any changes, suspensions, or discontinuations of products or services.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively through our website. These items may have limited availability and are subject to our return and exchange policies as outlined in our Refund Policy.

We do our best to accurately represent product details and images. However, we cannot guarantee that your screen’s color or resolution will reflect the exact appearance of the product in person.

We also reserve the right to limit the sales of products or services to specific geographic regions or jurisdictions and to limit product quantities at our discretion. Any product or service offering on this site is void where prohibited by law.

SECTION 6 – BILLING & ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order at our sole discretion. This may include orders that appear to be fraudulent, involve resellers or distributors, or violate other aspects of our policies.

You agree to provide accurate, complete, and up-to-date billing, shipping, and account information for all purchases. You are responsible for promptly updating this information so we can complete your transactions and contact you if needed.

For more details, please refer to our Refund Policy here.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools that are neither owned nor controlled by us. These tools are provided "as is" and "as available" with no warranties, guarantees, or representations.

By choosing to use any optional tools provided through our site, you acknowledge that it is at your own risk and discretion. You should ensure that you understand and approve the terms on which those tools are provided by the relevant third-party provider(s).

In the future, we may also introduce new features or services through the website. These new offerings will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Some content, products, or services available via our website may include third-party materials or links to third-party websites. These external sites are not affiliated with us, and we are not responsible for examining or evaluating their content or accuracy.

We are not liable for any harm or damages resulting from your use of third-party websites or services. We encourage you to carefully review third-party policies before engaging in any transaction.

SECTION 9 – USER COMMENTS, FEEDBACK & SUBMISSIONS

By submitting comments, feedback, suggestions, or other materials to us, whether requested or unsolicited, you grant us the unrestricted right to edit, copy, publish, and use those submissions in any medium.

We are not obligated to maintain any submission in confidence, to provide compensation, or to respond. You agree that your comments will not violate any third-party rights, including copyrights, trademarks, privacy, or personal rights.

We reserve the right to monitor, edit, or remove content that we deem unlawful, offensive, or in violation of these Terms.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store or website is governed by our Privacy Policy, which outlines how we collect, use, and protect your data.

View our full Privacy Policy here.

SECTION 11 – ERRORS, INACCURACIES & OMISSIONS

Occasionally there may be information on our site or in our service that contains typographical errors, inaccuracies, or omissions. This may relate to product descriptions, pricing, availability, promotions, or shipping.

We reserve the right to correct any errors and to change or cancel orders if any information is found to be inaccurate, even after you have submitted an order.

SECTION 12 – PROHIBITED USES

You are prohibited from using this site or its content for:

●    Unlawful purposes

●    Violating regulations or laws

●    Infringing upon our intellectual property

●    Uploading viruses or malicious code

●    Harassing or discriminating against others

●    Collecting personal data without consent

●    Spamming or scraping the website

●    Circumventing security measures

We reserve the right to terminate your use of the website for violating any of these restrictions.

SECTION 13 – WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

We do not guarantee that our services will be uninterrupted, timely, secure, or error-free.  All services and products are provided “as is” without any express or implied warranties.

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, punitive, or consequential damages that result from the use of our service or products.

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold harmless FAFCO Surplus by Sun Water Fun LLC, its affiliates, employees, officers, directors, and agents from any claim or demand made by any third party arising from your breach of these Terms or your violation of any law or third-party rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law. The remainder of the Terms shall remain valid and enforceable.

SECTION 16 – TERMINATION

These Terms are effective unless terminated by either party. You may terminate them at any time by ceasing to use our services.

If we suspect that you have violated any part of these Terms, we may terminate your access to our services without notice, and you will remain responsible for all outstanding obligations.

SECTION 17 – ENTIRE AGREEMENT

These Terms of Service, along with any policies or rules posted on our website, constitute the entire agreement between you and us. They supersede any prior agreements, communications, or understandings, whether oral or written.

SECTION 18 – GOVERNING LAW

These Terms and any separate agreements between you and us shall be governed by and construed in accordance with the laws of the State of Arizona. You agree to submit to the exclusive jurisdiction of the courts located in Maricopa, Arizona for any disputes.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You may review the most current version of our Terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms at our discretion. It is your responsibility to check our website for updates.

SECTION 20 – CONTACT INFORMATION

If you have questions about these Terms, please contact us:

Email: Info@FAFCOSurplus.com
Phone: 800-994-7652
Mailing Address: 
2850 S. 36th St. Suite A-10
Phoenix, AZ 85034