TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) are a contract between you and Vorticy, Inc., doing business as Ultra Cornhole (“Ultra Cornhole,” “we,” “us,” or “our”). They cover use of ultracornhole.com and related pages, checkout, and accounts (the “Site”), and every product order you place.

8601 Production Ave., San Diego, CA 92121, United States

By using the Site, creating an account, checking a box that you agree to these Terms, or placing an order, you agree to these Terms and to our Policies and Shipping pages. If you do not agree, do not use the Site and do not order.

Product-page terms (bag break-in rules, custom-art rules, jersey sizing, and similar) are part of these Terms for that product. Shop operations such as returns, restocking, cancellations, international sales, and pricing are stated in the Policies page. If this page and the Policies page ever disagree on those operational rules, these Terms control.

We may update these Terms by posting a new version and changing the “Last updated” date. The version in effect on the date of your order governs that order.

1. Accounts and acceptable use

Provide accurate information. Keep your password confidential. You are responsible for activity on your account. We may refuse, suspend, or close an account that violates these Terms.

You may not scrape the Site, interfere with security, use bots except ordinary search engines, upload malware, impersonate anyone, post unlawful or infringing content, harass others, or use the Site for anything illegal.

If you are under 18, a parent or guardian must agree to these Terms and supervise your use.

2. Intellectual property

The Site, photos, product names, logos, bag designs, board graphics, and related content are owned by us or our licensors. You get a limited license to browse and shop for personal use. You do not get a license to copy our designs onto products you sell, or to use our marks, except as needed to display products you bought from us.

Custom artwork you send us must be work you have the right to use. You grant us a license to reproduce that artwork on the products you ordered. You are responsible if that artwork infringes someone else’s rights.

3. Reviews and submissions

If you post a review or send an idea, you grant us a non-exclusive right to use it. Do not post fake reviews, unlawful content, or other people’s private information. We may remove content at our discretion.

4. Orders, payment, and pricing

An order is an offer to buy. We may accept or reject it. We accept when we charge your payment method and/or ship or begin manufacture.

Prices can change without notice. We are not obligated to match a later sale price. We may correct obvious pricing or listing errors and cancel the affected order with a refund.

You authorize us and our processors (including PayPal and any other method shown at checkout) to charge the payment method you use, including tax and shipping. Additional pricing notes are on the Policies page.

5. Shipping

Carriers, transit times, free-shipping promotions, board pickup in San Diego, and related details are on the Shipping page. Processing times vary. We do not guarantee delivery dates.

Canada is currently our only international destination. International rules on the Policies page apply and override other return rules.

6. Cancellations, returns, and refunds

The full operational rules — 30-day unused-item returns, 15% restocking fee, customer-paid return shipping, 5% cancellation fee, custom orders final, international sales final, reseller and raffler cancellations, and the two-set bag limit — are on the Policies page. Those rules are part of these Terms.

A third-party league changing rules, dropping a stamp year, or closing is not a product defect and is not a refund reason after the return window on the Policies page.

7. Custom products

We manufacture custom items only after you approve them. After approval, no changes. Custom sales are final except for a covered manufacturing defect.

Custom bags include the ACL Pro mark, Ultra mark, and series identification we specify on the product page. We may reject artwork that is crass, political, infringing, or inconsistent with our standards.

8. Terms for purchasing Ultra Bags

You must agree to these bag terms before completing an order.  Returns, restocking, and international rules are on the Policies page.

1. Raffling our bags online is prohibited. If you are a known raffler, your order will be canceled.
2. Ordering bags with the intent to resell for more than the purchase price is prohibited. Limited inventory is meant for players, not resellers.
3. Canceled orders incur a 5% processor/cancellation fee, as stated on the Policies page.
4. Orders typically take 1–10 business days to ship from our shop in San Diego, CA. When they ship you should receive tracking. Transit is usually 1–3 business days. Please do not contact us about status until 10 business days from the order date. If you have the order number, we have the order and are working on it.
5. Cosmetic white spots are possible. Fabric fuzz can stick to a bag during processing, then fall off after a few games and leave a pea-sized white spot. That does not affect performance or durability and is not a warranty defect. If it bothers you, color the spot with an ultra-fine Sharpie.
6. Bags can snag. Check board edges before you play. Light sanding with 220-grit sandpaper is usually enough; use 5-minute epoxy on a larger splinter. These are high-performance bags and are not recommended on rough boards. A snag is usually cosmetic (a fiber shifts and the print shows a streak). Color the streak with a fine Sharpie and clip loose threads. The warranty issue is when a fill bead can fit through a hole. We warranty manufacturing defects, not damage from play. Do not buy these bags if that is unacceptable to you.
7. If you do not get a confirmation email, check spam and junk. Print the confirmation page or save it as a PDF.
8. Break bags in with our 1-Hour Break-In Kit or another method we publish. Any other method voids the warranty. Boiling or excess heat can damage the bag and voids the warranty.
9. Bag warranty is 45 days from the date received and covers stitching failures and manufacturing defects. Cosmetic defects must be reported within 7 days of receipt. Snags and play damage are not covered. Warranty is not transferable.
10. Customers outside the U.S. must follow the International Policy on the Policies page. Those sales are final.
11. Unused stock bags in new condition may be returned under the Policies page (30 days, you pay return shipping, 15% restock). Custom bags are final. Used or broken-in bags are not new condition. Stamp and league eligibility is covered in Section 10 — a stamp is not a promise that ACL or any other league will keep operating or keep that year legal.

9. Limited warranty

Bags. 45 days from the date you receive them for stitching failure and manufacturing defects. Cosmetic issues must be reported within 7 days of receipt. The warranty does not cover snags, fiber pull-outs, play wear, alteration, unapproved break-in, boiling, overheating, or misuse. Warranty is not transferable.

Other products. Unless a product page states a different written warranty: manufacturing defects reported promptly are covered; wear from use is not; the warranty is not transferable. Jerseys and apparel: 45 days for stitching failure; snags and pulls on printed fabric are not covered. Follow the size chart. Ordering the wrong size is not a defect.

THIS LIMITED WARRANTY IS THE PRODUCT WARRANTY WE GIVE. TO THE MAXIMUM EXTENT CALIFORNIA LAW ALLOWS, WE DISCLAIM ALL OTHER PRODUCT WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME RIGHTS CANNOT BE WAIVED. THIS DISCLAIMER DOES NOT LIMIT NON-WAIVABLE IMPLIED WARRANTIES FOR THE PERIOD THE LAW REQUIRES.

Our obligation for a covered defect is repair, replacement, or refund of the product price, at our choice.

10. Stamps, ACL, and other leagues

Some bags and boards carry marks associated with the American Cornhole League or another sanctioning body. Those marks mean the item met that body’s published physical and approval standards at the time we manufactured and stamped it.

Ultra Cornhole does not operate ACL or any other league. We do not control whether that league keeps operating, its approved-manufacturer list, how long a stamp year stays legal for sanctioned play, local directors’ house rules, or whether another organization accepts the same stamp.

We do not warrant that a stamped product will remain eligible for any particular event, season, or broadcast. Bags and boards are sold as regulation-spec equipment. League eligibility is extra and can change or end without a defect in the product.

If a league shuts down, changes rules, or stops honoring a stamp year, that is not grounds for a refund, replacement, or warranty claim after the return window on the Policies page. Stamped bags may still be used for backyard play and for any event that does not require that stamp.

11. Site availability and corrections

We may change, suspend, or discontinue any part of the Site. We may correct typographical errors, pricing mistakes, and product details without prior notice.

THE SITE IS PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. PRODUCT PHOTOS AND ON-SCREEN COLORS ARE APPROXIMATE.

We are not responsible for third-party sites we link to, or for products those sites sell.

12. Limitation of liability

TO THE MAXIMUM EXTENT CALIFORNIA LAW ALLOWS, ULTRA CORNHOLE AND ITS OWNERS, DIRECTORS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST TOURNAMENT PRIZES, LOST LEAGUE ELIGIBILITY, OR THE COST OF SUBSTITUTE EQUIPMENT, EVEN IF WE WERE TOLD THOSE DAMAGES WERE POSSIBLE.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO A PRODUCT IS LIMITED TO THE AMOUNT YOU PAID US FOR THAT PRODUCT. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED ONLY TO USE OF THE SITE IS LIMITED TO THE AMOUNT YOU PAID US IN THE SIX MONTHS BEFORE THE CLAIM, OR $100, WHICHEVER IS GREATER.

SOME LAWS DO NOT ALLOW CERTAIN LIMITATIONS. IF THOSE LAWS APPLY, SOME OF THE LIMITS ABOVE MAY NOT APPLY TO YOU.

13. Indemnity

You will defend and hold us harmless from claims that arise out of your misuse of the Site, your custom artwork, your violation of these Terms, or your resale or raffle of products in violation of these Terms.

14. Electronic communications

Emails, site notices, online forms, and checkout checkboxes are electronic communications. You agree they can satisfy writing and signature requirements to the extent the law allows. Order confirmations and these Terms may be stored electronically.

If you text us, you agree to receive support and sales texts. Reply STOP to opt out. Message and data rates may apply.

15. Privacy

Our Privacy Policy is on the Policies page. California residents have the additional rights described there.

16. Governing law and disputes

These Terms and your orders are governed by California law, without regard to conflict-of-law rules.

If a dispute cannot be resolved informally, either party may use small-claims court in San Diego County, California, if the claim qualifies. Otherwise, exclusive venue is the state or federal courts in San Diego County, California, except where California consumer law gives you a different non-waivable forum.

California consumers may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210, or www.dca.ca.gov.

17. Miscellaneous

These Terms, the Policies page, the Shipping page, and the product-page terms for items you bought are the entire agreement for that purchase. If a court finds one part unenforceable, the rest still applies. Our failure to enforce a term is not a waiver. We may assign our rights. You may not assign an order without our consent. We are not liable for delays caused by events beyond our reasonable control.

18. Contact

Ultra Cornhole / Vorticy, Inc.
8601 Production Ave.
San Diego, CA 92121
Phone: 888-815-6005
Contact form: ultracornhole.com/contact-us

For order issues, include your order number.

Copyright © Vorticy, Inc. All rights reserved.