Terms of Use

This is where we get formal. Please review.

These Terms and Conditions of Use (the “Terms of Use”) apply to www.cannonballcollective.com (“the Site”), a copyrighted work belonging to Cannonball LLC (“Company,” “us,” “our,” and “we”). Use of the Site and/or its Services, registering as a User or Subscriber on the Site (“User” or “Subscriber”), or executing a transaction on the Site all constitute unconditional acceptance of these terms and conditions on behalf of yourself or the entity that you represent, and you represent and warrant that you have the right, authority, and capacity to enter into this Terms of Use Agreement.

Cannonball LLC, at our sole discretion, reserves the right to change or modify these Terms of Use at any time. Your continued use of the Site following the posting of changes will constitute agreement to the changes. Certain features of the Site may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.

You may not access or use the Site or accept the Terms of Use if you are not at least 18 years old. By registering for and using the site you agree you are of legal age.

If you do not agree with all of the provisions of these Terms of Use, do not access and/or use the Site.

User and Subscriber Accounts
Certain portions of the Site are available only to registered Users—“Users” and/or “Subscribers.”

As a User or a Subscriber, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration and sign-up forms. You represent and warrant that all required information you submit is complete, truthful and accurate and that you will maintain the accuracy of such information as such may change from time to time. You may delete your Account at any time, for any reason, by following the instructions provided by the Site. Membership is void where prohibited by law. Cannonball LLC reserves the right to revoke or prohibit your membership/account/subscription for any reason at any time, as per section “Term and Termination” below.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any unauthorized use of your Account or loss or damage arising from your failure to comply with the above requirements.

As a User or Subscriber, you agree to receive newsletters and promotional emails including third party offers.

Ordering
You may order any of the products offered (including without limitation ongoing, a la carte or gift) by following the directions on the Site. Company may change the pricing for any product on the Site at any time and at Company’s sole discretion by updating the Site and without any additional notice to you. Company may periodically send you token gifts at no additional cost to you. If you order items from the Site, you agree to pay the then-current applicable price per product and any applicable shipping and handling charges all as listed on the Site. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties.

Risk of Loss
The items purchased from our Site are shipped by a third party carrier. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

Use of the Site
You may use the Site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy (the “Privacy Policy“). Once you complete and submit your registration or sign-up, you have opted in to receive email communication from us. When using the Site and Services, you agree to:

  • provide accurate information to us and update it as necessary;
  • review and comply with notices sent by the Company concerning the Services; and
  • use the Services in a responsible manner.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cannonball LLC or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:

  • transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us;
  • introduce to the Site or any other computer or website viruses, worms, Trojan horses, harmful code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Company or any User of the Services;
  • obtain unauthorized access to any computer system;
  • attempt to or actually override any security component included in the Service or underlying Company;
  • engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Company’s infrastructure;
  • impersonate any other person, including but not limited to, a registered user of this Site or an employee of Cannonball LLC;
  • invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
  • misrepresent the identity of a user or use a false e-mail address;
  • tamper with or obtain access to this Site or any component of this Site;
  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
  • conduct fraudulent activities;
  • collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail;
  • license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, in whole or in part;
  • modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services;
  • access the Site or Services in order to build a similar or competitive service, at Company’s sole discretion, with Company;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Company’s website;
  • except as expressly stated herein or authorized by Company, no part of the Site or Services may be copied, licensed, broadcast reproduced, distributed, republished, downloaded, displayed, posted, transmitted, sold, rebranded, or otherwise transferred in any form or by any means;
  • remove any copyright, trademark or other proprietary rights notices contained in or on any Company website, including those of the Company and any of its licensors;
  • remove, cover or otherwise obscure any form of advertisement on the site; and
  • infringe or use Company’s brand, logos or trademarks except as expressly permitted by Company.

Any future release, update, or other addition to functionality of the Site shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site content must be retained on all copies thereof.

Modification
Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof, except and if otherwise expressly set forth in the Term and Termination section below.

No Support or Maintenance
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

Additional Terms and Conditions
Additional terms and conditions may apply to specific portions of or products on the Site or your membership, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of or products on the Site or your account, the latter terms shall control with respect to your use of that portion of the Site, the products or your account.

Ownership
Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.

User Content and Contributions
“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g. content in the user’s profile or postings by the user). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate these Terms of Use. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Terms of Use. Company is not obligated to backup any User Content and User Content may be deleted at anytime.

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to us through our Site, Social Media, by email or otherwise, you acknowledge and agree that:

  • your Contributions do not contain confidential or proprietary information;
  • Cannonball is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
  • Cannonball shall be entitled to use or disclose (or not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
  • Cannonball may have something similar to the Contributions already under consideration or in development;
  • your Contributions automatically become the property of Cannonball without any obligation of Cannonball to you and you thereby irrevocably non-exclusively license to Cannonball rights to exploit your Contributions; and
  • you are not entitled to any compensation or reimbursement of any kind from Cannonball in connection with the Contributions under any circumstances.

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.

Posting Rules
You agree to abide by the following rules when posting material on the Site:

  • you are solely responsible for any statements that are posted using your Account;
  • you review and comply with our Privacy Policy;
  • you will not post or upload any material or links to material (including, but not limited to text, content, photos, video, animation, graphics, audio, or software) that is libelous, harassing, or disruptive, that violates any applicable law, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements or that would constitute grounds for civil or criminal liability;
  • you will not post advertisements, chain letters, charity requests, petitions for signatures, “junk mail,” “spam,” or any other solicitation of other users that is inappropriate;
  • you will not violate, misappropriate, or infringe upon copyright, trademark, trade secret, privacy, personality, publicity, or other intellectual property or proprietary rights;
  • you acknowledge that any materials you upload are, and will be treated as, non-confidential and non-proprietary;
  • you represent that you have the right to post all materials that you post on the Site and the right to permit downloading of all such materials by other Users for personal use; and
  • we reserve the right, but are not obligated, to remove or modify any material posted to the Site in violation of these Terms of Use, or at our discretion.

Additionally, you agree not to:

  • act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Site; and
  • harass, abuse or harm another person, including sending unwelcomed communications to others using the Services.

If you encounter materials on the Site that you believe do not abide by these rules, please contact us directly at: [email protected]

Proprietary Rights
All materials on the Site that are created or provided by Cannonball, including, but limited to, text, graphics, logos, icons, and images, are the property of Cannonball or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of Cannonball and is also protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Site for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without our prior written consent.

We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved. CANNONBALL is the trademark of Cannonball LLC. The other trademarks, service marks, and logos used on the Site are trademarks of Cannonball or others. Cannonball relies upon a network of independent vendors who supply some of the goods and services advertised on the Site and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.

Links to Third Party Websites, et. al.
The Site may contain links to other third party websites, services, and advertisements. Cannonball has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of third part sites and ads. Any such links do not necessarily constitute an approval or endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner’s products or services.

Company provides these third party sites and ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to these sites and ads. You use all third party sites and ads at your own risk. When you link to a third party site and/or ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third party sites and ads.

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or third party sites and ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Accuracy of Content; Limitations on Quantity
Excluding User Content, the information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event, promotion, or activity at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available. If a product offered by us is not as described, your sole remedy is to return it subject to the terms of our Return Policy.

Copyright Infringement
Cannonball respects the intellectual property of others, and we ask our users to do the same. Cannonball may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) a description of the copyrighted work or other intellectual property that you claim has been infringed; 3) a description of where the material that you claim is infringing is located on the site; 4) your address, telephone number, and email address; 5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent c/o Cannonball LLC
3905 State Street, Suite 7-327
Santa Barbara, CA 93105
By email: [email protected]

Equitable Relief
You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Cannonball shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.

Disclaimers
Cannonball is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any User Content, or to any act or omission by Users of the Site, by Cannonball or by any third party or by any of the equipment or programming associated with or utilized by the Site. Any content submitted by our vendors does not necessarily reflect the opinions or policies of Cannonball.

Cannonball assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any User Posting or other User communications. Cannonball is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to User’s or other person’s computer related to or resulting from participation on or through the Site.

THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, CANNONBALL DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability
IN NO EVENT SHALL CANNONBALL, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY CANNONBALL, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF CANNONBALL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF CANNONBALL, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO CANNONBALL IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR MERCHANDISER GIVING RISE TO SUCH LIABILITY. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL CANNONBALL, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF CANNONBALL.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your User Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your User Account involves deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your User Account or deletion of your User Content. Notwithstanding anything to the contrary, if Company terminates this Agreement other than due to your violation of this Agreement or discontinues the Service, Company will provide you a pro-rata refund of your last monthly payment for any pre-paid but unused Services (if applicable). Even after this Agreement is terminated, the provisions of this Agreement will remain in effect.

International Use
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity
You agree to indemnify and hold harmless Cannonball, subsidiaries, or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or Third Parties providing information on this site, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: a) your use of the Site or Services; b) your User Content; c) your violation of these Terms of Use; d) your violation of applicable laws or regulations; or, e) the failure to fulfill any obligations relating to your Account incurred by you or any other person using your Account, or for any third party claims (including, without limitation, claims made by third parties for infringement of intellectual property rights). We reserve the right, at your expense, to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Governing Law
These Terms of Use shall be governed by and construed under the laws of the State of California, without regard to its conflicts of laws principles. Except as set forth in the “Equitable Relief” provision of these Terms of Use, the sole jurisdiction and venue of any action related to these Terms of Use shall be the California state courts and the United States federal courts in Los Angeles County, California, and you agree to submit to personal and exclusive jurisdiction of these courts.

Unavailability of Site; Termination; Fraud
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your Account or membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Site or your Account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or Account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

Privacy
You should carefully read our full Privacy Policy before using the Site and Service as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Cannonball are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Cannonball may process such information, within the terms of the Privacy Policy.

General Provisions
All the terms of these Terms of Use and Privacy Policy shall apply to and bind the assignees and successors in interest of you and Cannonball. The waiver by Cannonball of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms of Use are held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms of Use.

Changes to Terms of Use
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

  • Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the company and our employees, agents, successors, or assigns, regarding or relating to the Site, Services or this Agreement, shall exclusively be settled through binding arbitration in Santa Barbara, California. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.
  • Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s final rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
  • You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
  • You and we must abide by the following rules (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) the arbitrator shall honor claims of privilege and privacy recognized at law; and (5) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction.
  • With the exception of subparts (1) and (2) in the paragraph (d) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained herein. If, however, either subparts (1) and (2) in the paragraph (d) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If a claim proceeds in court rather than in arbitration because the agreement to arbitrate is held to be invalid or unenforceable, the dispute shall be exclusively brought in state or federal court in Santa Barbara County, California.
  • Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.
  • For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
  • Any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.

Entire Agreement; Headings; No Assignment by You
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of a customer to the Company and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

Notices
We may notify you via postings on www.cannonballcollective.com. You may contact us at [email protected]. Or via mail or courier at:  ATTN: Chief Operating Officer, 3905 State Street, Suite 7-327, Santa Barbara, CA 93105.

Copyright/Trademark Information
Copyright © 2016, Cannonball LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.

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