Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

ORDERING POLICY

You have 14 days to decide if what you ordered is what you purchased. Cannonball will refund or exchange any item, so long as it is not damaged, dirty, washed, altered, or worn.

RETURNS

Returns may be shipped to:

625 East Sego Lily Drive
Sandy, UT 84092

Please include:

Your Order Name

Invoice Number

Reason for Return

We recommend you send your return with a recognized carrier such as USPS, UPS or FedEx. Please be sure to ask for a tracking number so you know when it arrives back at our facility. Cannonball is not responsible for packages returned that cannot be verified as having been delivered back at our facility.

REFUNDS FOR ONLINE PURCHASES

Your refund will be issued to the same credit card you used for the original purchase. Shipping and handling costs are not refundable.

When you mail in your return, you will receive an email confirmation of receipt. Please allow up to _3_ weeks for the credit to be reflected in your account.

EXCHANGING ITEMS BY MAIL

If you wish to exchange an item for another item or the same item in a different size, follow the return procedure and use the Return Slip to indicate what you wish to exchange your item for. This will be processed as a new order and your credit card will be charged for the new order and refunded for your exchanged order. The return and order transactions may not post simultaneously and will be processed as two separate transactions through your account.

ORDER CANCELLATION

You may cancel your order any time before the order is processed. Once the order is shipped, you will receive, via email, a shipping confirmation that contains tracking information. Once a product is shipped, the Return and Exchange Policy will apply. Cannonball may cancel orders for any reason.

This site, www.cannonballstuff.com (“the Site”) is operated by Cannonball Musical Instruments (“Cannonball”).

When accessing, using, or otherwise interacting with this Site, irrespective of version, or when copying or using any material, information, software, or services proffered by the Site (collectively “Content”), you agree to the terms and conditions (the “Terms of Use”) contained in this agreement. You further agree to the Cannonball's Privacy Policy as may be modified from time to time. You further acknowledge and accept that this is an enforceable contract between you and Cannonball, and that your acceptance of this contract is manifested by your access to the Site and/or its Content.

By accessing, using, or otherwise interacting with the Site or its Content, you acknowledge that you have read, understand and accept these Terms of Use. Additionally, you represent and warrant that you have the right, power, and authority to enter into the contract between you and Cannonball as evidenced by the Terms of Use and Privacy Policy. By using this Site, you also agree that you will not use this Site for any purpose that is unlawful or in beach of these Terms of Use.

Cannonball reserves the right to change these Terms of Use from time to time without notifying you. If you object to any such changes, you should cease using the Site. Continued use of the Site following the effective date any such changes indicates your acknowledgement of such changes and agreement to be bound by the modified Terms of Use. Cannonball may remove all or part of the Site at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms of Use or the Privacy Policy, or do not have the capacity to enter into contracts, please do not use the Site.

Site Purpose

The site provide the Content and information only for informational purposes. You agree and understand that nothing on this site is meant to provide binding guidance or suggestions. Cannonball is not responsible for any act or omission relying upon information on the Site or any third-party online location that may be accessed by a link from the Site. In addition to your use of the Site, your use of Content is subject to the additional terms, disclaimers and caveats that appear in the Terms of Use, Privacy Policy and as otherwise might be indicated on this Site.

Limitations on Use of Site

This Site, including all Content, is protected by worldwide copyright laws and treaty provisions regardless if a copyright notice is present on the Content. All information, data, text, software, music, sound, photographs, images, graphics, video, messages or other Content on this Site is subject to the copyrights and other intellectual property rights of Cannonball, its affiliates, and/or its licensors or licensees. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, Cannonball does not grant any express or implied right to you for any of its patents, trademarks, copyrights, or other intellectual property.

Subject to your continued compliance with these Terms of Use, Cannonball grants you a non-exclusive, non-transferable, limited right to access, use, display, and interact with this Site and its Content. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute Cannonball’s claims of ownership or validity of its rights in the Content on this Site.

Cannonball authorizes you to access and download the Content at this Site only for your personal, non-commercial use. Cannonball may suspend or terminate this authorization at any time, for any reason. This authorization is not a transfer of title in the Content and copies of the Content are subject to the following restrictions:

• Any downloaded Content must retain any proprietary notice contained on such Content as it appears on the Site;
• You may not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Content;
• Modify, merge or create derivative works of any portion of the Content;
• Decompile, disassemble or reverse engineer any Content on the Site; and
• You must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use.

When using the Site or Content, you may not:


• Upload, post, e-mail or otherwise transmit any material that contains software viruses, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with or disrupt, or attempt to interfere with or disrupt, the Content or servers or networks connected to the Site;
• Violate these Terms of Use or any applicable local, state, national or international law, rule, regulation or ordinance;
• Engage in any fraudulent activities or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the Content or the Site;
• Use any robot, bot, spider, other automatic device, or manual process to monitor or copy the Site or any Content contained thereon without Cannonball’s prior expressed written permission; or
• Use any software, device, routine, or manual process to interfere or attempt to interfere with the proper functioning of the Site or the Content.

Third-Party Links

The Site may include links to other websites or locations some of which may be operated by Cannonball or its affiliates, and others operated by third parties. These links are merely for convenience to you. We have not reviewed the information on other sites. We are not responsible for the content of any other sites or any products or services that may be offered through other sites. As such, any link offered is not an endorsement of the respective site or of the content on it. Further, any site we link to may contain its own terms of service, which you should read and to which adhere.

Copyright Infringement Claims and Designated Agent


Cannonball maintains a policy to respond to claims of intellectual property infringement. Cannonball will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Site:

Cannonball Store Manager
Cannonball Musical Instruments

625 East Sego Lily Drive
Sandy, UT 84092
store@cannonballmusic.com


In your notification, please include:
• Your physical or electronic signature;
• Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works;
• Identification of the Content that you claim to be infringing, and information reasonably sufficient to permit us to locate the Content;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by you or the law; and
• A statement that the information your notification is accurate.

If the notification is submitted by someone on your behalf, the notification must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.

Trademarks

The Site uses various Cannonball trademarks and service marks. You may not use or display such marks in any manner without the prior written permission of Cannonball, except as to identity Cannonball products only for personal use. This Site may also use other trademarks and service marks proprietary to third parties, or are licensed to, or owned by Cannonball. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner, unless to identify such products only for personal use.

Remedies for Breach

If you breach of any of the provisions of these Terms of Use, Cannonball’s remedies shall include any monetary benefits that accrued to you resulting from the breach, any costs or damages Cannonball incurs resulting from such breach, and any other damages and relief available at law or in equity. If Cannonball retains any third party to obtain any remedy to which it is entitled under these Terms of Use, Cannonball shall be entitled to recover all costs, including attorneys' fees or collection agency commissions that Cannonball incurs.

IF YOU CAUSE A DISRUPTION OF THE SITE, CONTENT, OR SERVICES OR THE SYSTEMS TRANSMITTING THEM, WHETHER OR NOT BY TECHNICAL MEANS, TO YOU OR ANYONE ELSE, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) RESULTING FROM THAT DISRUPTION.

Indemnity

You agree to indemnify and hold harmless Cannonball and its affiliates and their respective officers, agents, partners, directors, employees, and any other related party from and against any third-party claims or demands (including reasonable attorneys’ fees), resulting from your use of the Site. You will fully cooperate as reasonably required in the defense of any such claim or demand. Cannonball, at its sole discretion, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense. Neither you nor Cannonball shall not in any event settle any such matter without the written consent of the other.

Disclaimers

YOU ACKNOWLEDGE THAT THE WEBSITE AND SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. CANNONBALL AND ITS LICENSORS OR LICENSEES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES, INCLUDING THE INFORMATION SUPPLIED BY CANNONBALL. CANNONBALL DOES NEITHER REPRESENTS NOR WARRANTS THAT: (A) THE USE OF THE WEBSITE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL BE ABLE TO FUNCTION IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA; (B) THE WEBSITE AND SERVICES WILL MEET ANY OF YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY CANNONBALL INFORMATION PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE. CANNONBALL, ITS LICENSORS, AND LICENSEES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY CANNONBALL OR ITS LICENSORS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. CANNONBALL SHALL HAVE NO LIABILITY TO YOU IN THE EVENT OF A FAILURE OF THE WEBSITE OR ANY SERVICES.

YOU AGREE THAT YOUR ACCESS TO THE WEBSITE AND USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT YOU ARE ENTIRELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE WEBSITE OR USE OF THE SERVICES.

Limitation of Liability

CANNONBALL, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SITE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE UPON ANY CONTENT SHALL BE AT YOUR SOLE RISK. CANNONBALL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION IN ANY PORTION OF THE SITE OR THE CONTENT. YOU AGREE TO RELEASE, HOLD HARMLESS AND INDEMNIFY CANNONBALL FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM INCORRECT OR INCOMPLETE INFORMATION ON THE SITE.

Arbitration, Choice of Forum and Choice of Law

You and Cannonball agree to submit all disputes between them arising out of or relating to the Terms of Use and Privacy Policy, the breach, alleged breach or interpretation thereof, or your use of the Site and the Content to binding arbitration except that this provision shall not apply to requests for injunctive relief. By entering into this Agreement, the you and Cannonball each specifically acknowledge and understand that the right to the determination and/or trial of any Claims in court before a judge or a jury is a valuable right, and that by accepting this Agreement to arbitrate Claims, you and Cannonball knowingly and voluntarily waive any and all rights either party may have to assert any Claims in any court of competent jurisdiction and to a determination and/or trial before a judge or a jury.

Within thirty (30) days after you or Cannonball has notified the other in writing that it is submitting a dispute to arbitration, one arbitrator shall be chosen under the then current Rules of the American Arbitration Association (hereinafter “AAA”) pertaining to commercial disputes. Neither you nor Cannonball shall be allowed to object to any arbitrator appointed by AAA. The ensuing arbitration shall be held in Utah, and shall be conducted according to the Rules of the AAA. The arbitration award shall be by a written decision containing findings of fact and conclusions of law and shall be final and binding. It may be entered in and enforced by any court of competent jurisdiction. The party prevailing in the arbitration or any other legal proceedings shall be entitled to recover its costs including reasonable attorney's fees incurred due to the arbitration or other legal proceedings. In no case shall the arbitrator be authorized to award cost and damages otherwise prohibited herein.

The Terms of Use, Privacy Policy and your use of the Site and the Content shall be governed by and construed in accordance with the laws of the Utah without regard to Utah choice of law rules, it being the intent of the parties that the internal laws and forum of Utah shall govern any and all disputes arising out of or relating to the Terms of Use, Privacy Policy or your use of the Site and the Content. You irrevocably consent to submitting to the jurisdiction of the state and federal courts of the State of Utah for purposes of obtaining injunctive relief and enforcement of an arbitration award, and you further consent to service of process by mail for purpose of instituting such legal proceedings.

Severability

If any portion of the Terms of Use is determined to be illegal, invalid, or unenforceable in any respect, such part shall be deemed severed from the Terms of Use without invalidating the remaining provisions or affecting the enforceability of the remaining provisions.

Waiver

No waiver by Cannonball of any right under or term or provision of the Terms of Use or Privacy Policy will be deemed a waiver of any other right, term, or provision of the Terms of Use or Privacy Policy at any time.

Other Agreements

Notwithstanding anything to the contrary herein, if you and Cannonball have entered into a separate written agreement that covers your use of the Site or any Content thereon, including Cannonball software (if applicable) or services (including, without limitation, any license agreement or non-disclosure agreement), the terms and conditions of such agreement shall control to the extent they are inconsistent with these Terms of Use.