Terms
of service
OVERVIEW
This website is operated by Cornhole Addicts.
Throughout the site, the terms “we”, “us” and “our” refer to Cornhole Addicts. Cornhole
Addicts 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 Cornhole Addicts, 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 Cornhole Addicts 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 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 – CONTACT INFORMATION
Questions about the Terms of Service should be
sent to us at addicted1@cornholeaddicts.com.
