PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
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 may be shipped to:
625 East Sego Lily Drive
Sandy, UT 84092
Your Order Name
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.
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”).
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.
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
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;
• 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.
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
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.
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 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.
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.
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
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.