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USER ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

Fontana Sports Inc. provides FontanaSports.com and related services together referred as the “Website” subject to the following Terms & Conditions. By accessing or using this Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms & Conditions, which include our Privacy Policy.

PAYMENT TERMS AND PRICING

All pricing is stated in U.S. dollars and is subject to change. Prices do not include shipping charges or any state or country required taxes or duties.

You represent and warrant that:
- any credit card information you provide to us is true, correct and complete;
- charges incurred by you will be honored by your credit card company; and
- you will pay charges incurred by you at the posted prices including all applicable taxes, if any.
(Purchase Orders may be accepted upon credit approval and are payable on such terms we may approve or require. Please contact us for more information).

Current billing, address and phone information must be included with every order.  Failure to provide correct billing information may result in orders being held pending additional verification.

FRAUD PROTECTION

Fontana Sports uses a combination of algorithmic screening and manual review to detect potentially fraudulent orders.  We reserve the right to cancel or delay orders that do not meet our risk management guidelines.
Read our Fraud Protection Policy

ORDER ACCEPTANCE

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled you will receive a prompt refund credit to your account. 

PRIVACY POLICY

The information we obtain through your use of this Website is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms & Conditions.

THIRD PARTY LINKS AND INFORMATION

Periodically, links may be established from FontanaSports.com to one or more external Website or resources operated by third parties (the “third party Websites”). These links are provided for your convenience only. In addition, certain third party Websites also may provide links to FontanaSports.com. None of these such links should be deemed to imply that FontanaSports.com endorses the third party Websites or any content therein. FontanaSports.com does not control and is not responsible or liable for any third party Websites or any content, advertising, products, or other material on or available from such third party Websites. Access to any third party Websites is at your own risk and FontanaSports.com will have no liability arising out of or related to such Websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such third party Website. It is prohibited to link other Websites with this Website without FontanaSports.com prior written permission. We may, in our sole discretion, request that you remove any link to this Website, and upon such request, you shall immediately remove such link.

INTELLECTUAL PROPERTY

All content available on this Website, including but not limited to text, graphics, logos, button icons, images, photographs, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “content”) is property of FontanaSports.com, our affiliates, partners or licensors, in the U.S.A. and other countries, and is protected by U.S.A. and International copyright laws. The trademarks, logos, and service marks displayed on this Web site (collectively, the “trademarks”) are the registered and unregistered marks of FontanaSports.com, our affiliates, partners or licensors, in the U.S.A. and other countries, and are protected by U.S.A. and International trademark laws. Except as required under applicable law, neither the content or trademarks nor any portion of this Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to us via email (Info@FontanaSports.com). If you believe your copyright, trademark or other intellectual property rights have been infringed by this Website, you should send notification to us via email (Info@FontanaSports.com).

CONDUCT

You agree that any material you submit through the Website shall comply with the specifications and/or templates we provide. Any materials submitted outside of these specifications are submitted at your own risk; products created from non-conforming submissions are not eligible for return. You agree to not transmit, upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
- Is threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Promotes bigotry, racism, hatred or harm against any individual or group.
We have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms & Conditions and any other rules of user conduct for the Website, or is otherwise harmful, objectionable, or inaccurate. We are not, however, responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else's use and enjoyment of the Website or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

YOUR OBLIGATIONS & RESPONSIBILITIES

In the access or use of FontanaSports.com, you shall comply with these Terms & Conditions and special warnings or instructions for access or use posted on FontanaSports.com. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to FontanaSports.com or any content or service that may appear on FontanaSports.com and may not impair in any way the integrity or operation of FontanaSports.com. Without limiting the generality of any other provision of these Terms & Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms & Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to FontanaSports.com, our affiliates, partners or licensors.

INTERNATIONAL USE

Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

SHIPPING AND RETURNS

For specific information related to shipping orders and returning products purchased through FontanaSports.com, click here.

DISPUTES

With respects to any dispute regarding this Website, all rights and obligations and all actions contemplated by these Terms & Conditions shall be governed by the laws of Wisconsin, as if the Terms & Conditions were a contract wholly entered into and wholly performed within the state of Wisconsin.

WARRANTIES

FontanaSports.com is provided on an “as is” basis without warranty of any kind, express or implied. You expressly agree that the use of this Website is at your sole risk. We do not warrant that this Website will be uninterrupted or error free, nor do we make any warranty as to any result that may be obtained by use of this Website. We make no other warranties, expressed or implied, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose.

LIMITATION OF LIABILITY

Under no circumstances shall we be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to this agreement. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of this Website and terminate this agreement. These limited remedies shall apply notwithstanding any failure of their essential purpose.

GENERAL

By using this Website, you acknowledge and agree that these Terms & Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of this Website, and supersede and govern all prior proposals, agreements, or other communications. FontanaSports.com may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. FontanaSports.com also reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms & Conditions in whole or in part at any time and without notice. FontanaSports.com may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Website after any changes are posted constitutes your agreement to all such Terms & Conditions.

If you have any questions regarding these Terms & Conditions, you can contact us at Info@FontanaSports.com