Privacy Policy Terms of Use

Privacy

Vorticy Inc. ("Vorticy") is committed to protecting the privacy of its customers. We have taken strong measures to ensure that the information we gather from you will be secure and confidential. This policy applies to the Vorticy websites only.

Your information: Why we need it. What do we do with it.
When you order something from Vorticy, we gather your name, email address, mailing address, phone number, credit card number and expiration date. This information allows us to fill your order and keep you updated on its progress.

If you register with us, we also store your user name and password for your future ease of sign-in. This means you won't have to re-enter your address and information each time you order from Vorticy. In registration, there is optional demographic information you can enter that we use to better serve our customers, by designing products that fit their lifestyles. You also have the option to receive promotions and new product announcements via email - but only if you want to. As described below, you may opt out of receiving such promotional emails at any time.

Occasionally we offer contests, surveys and other features on our Web site that ask you to provide your information. When you choose to respond to these requests, the information you enter may be used as designated above, or may be provided to third parties as necessary to meet prize fulfillment or other aspects of the contest or offer. Your participation in any survey, contest or other request is entirely voluntary.

For your protection
We make sure that every online transaction with our customers meets our high standards of privacy and security. We do this by using Google’s secure server that encrypts all of your confidential information before you send it. In addition, we take strong measures to protect all customer data against unauthorized access. Of course, there is no such thing as "perfect security" on the Internet and no data transmission can be guaranteed secure. Although we will take the steps set forth above to protect your personally identifiable information from loss, misuse, or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. As a result, while we strive to protect your personally identifiable information, Vorticy cannot and does not ensure or warrant the security of any information you transmit to us or via our Web site, and you do so at your own risk.

Sharing your personal information
Vorticy will not trade, sell or rent your personal information (such as name, address, phone number or company name) to third parties without your consent. We also protect your privacy by limiting employee access to and use of customer data. While we may provide statistics to outside companies about our customers, including sales and related site information, it will not include any personally identifying information. In addition, any communication with you for promotional purposes, will be made only by Vorticy and our marketing partners - and only if you have selected the option to receive such promotions. Vorticy or its designated agent will use your personal information only to fill your product order and for purposes of authentication, security and verification. We may also disclose personal information when we believe in good faith that the law requires it. Vorticy reserves the right to disclose users' personal information in special cases when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Use or may be causing injury to or interference with (either intentionally or unintentionally) Vorticy, its rights or property, or anyone else that could be harmed by such activities. In addition, in connection with any assignment, sale, joint venture, merger, or other transfer or disposition of some or all of the assets of Vorticy or its affiliated entities, to third party successors in interest, you acknowledge and agree that we can accordingly assign, sell, license or transfer any information, including personally identifiable information, that you have provided to us to such third parties.

External links
Our Web site may contain links to other websites. Vorticy does not control and is not responsible for the privacy practices or the content of such websites. As a general rule you should always look for and review a site's privacy policy before giving out any personal information.

A word about cookies
Cookies are small bits of information that are stored by your browser on your computer's hard drive. Vorticy cookies allow us to recognize a shopper who should be given a promotional discount. We can also recognize a returning shopper and make product suggestions, if you choose. We do not place any personal or confidential information in your cookies.

Changes to this policy
Privacy as it applies to the Internet is a dynamic, rapidly developing area. We may change this policy from time to time to address new issues and reflect changes in our Web site or applicable law. We will post those changes here at www.VorticySports.com (and such changes become effective upon posting). Please refer back to this policy regularly.

Your acceptance of these terms
By accessing and using our Web site, you signify your agreement to and acceptance of our privacy policy. If you do not agree to this policy, please do not access or use our Web site. Your continued use of our Web site following the posting of changes to this privacy policy will mean that you accept those changes.

Other questions
If you have any concerns or questions, please feel free to contact us.

Terms of Use

USE OF THE Vorticy INC. ("Vorticy") WEBSITE IS SUBJECT TO THESE TERMS OF USE.

Agreement
Please read this User Agreement carefully before using the Vorticy.com Web site ("Site"). This Agreement explains the terms and conditions governing the use of the Site ("Terms of Use"), and it is your responsibility to read and understand them. By using the Site you expressly agree to be bound by these Terms of Use and to follow them as well as all applicable laws and regulations governing the Site. If you do not agree to be bound by these Terms of Use, you may not access or use this Site. Vorticy reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page periodically. We will note updates to the Terms of Use at the bottom of this page. By continuing to use the Site after we post any such change, you accept the revised Terms of Use. If you violate these Terms of Use, Vorticy may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

Permitted Use
You agree that you are only authorized to visit, view and retain a copy of pages of this Site for your own personal use, and that you will not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review product information for personal use, or to purchase merchandise for your personal use. You also agree not to deep-link to the site for any purpose, unless specifically authorized in writing by Vorticy to do so.

No Commercial Use
Visitors may not use this Site for any commercial purposes such as to sell merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertisements, solicitations, links, or by any other form of communication. We will investigate and take appropriate legal action against anyone who violates this provision, and will remove the offending communication from the Site and bar the violator from using the Site further.

Links and Search Results
The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. Vorticy has no control over these sites or the content within them. Vorticy cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Vorticy does not endorse the content of any third party site, nor do we represent or warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Vorticy for any damages or losses, resulting from that use. Vorticy is not responsible for any of your activities on any linked website, including without limitation, your purchase of products or services.

Copyright
All content included on this Site, including text, graphics, logos, icons, images, and software is the property of Vorticy or its content suppliers and is protected by United States and international copyright laws. This compilation (that is, the collection, arrangement and assembly) of all content on this Site is the exclusive property of Vorticy and is protected by U.S. and international copyright laws. Vorticy reserves the right to revise the pages of the Site or withdraw access to them at any time.

Trademarks
Vorticy, Bag Toss, Bag Toss 2, Bag Toss Classic, CornHole2, SpiderBats, WebWrap are registered/unregistered trademarks of Vorticy Inc. Vorticy's logos and trademarks that appear throughout the site belong to Vorticy Inc., its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without Vorticy' express prior written permission, you may not display or use in any manner, the Vorticy logos or trademarks. Nothing on the Site shall be construed as granting any license or other right to the intellectual property or other proprietary rights of Vorticy, its affiliates or any third party, whether by estoppel, implication or otherwise. All contents of the Site are: © Copyright Vorticy, Inc. or its licensors. All Rights Reserved.

Disclaimer of Warranty
YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE INFORMATION FOUND THERE IS ENTIRELY AT YOUR RISK. Vorticy AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES OR ANY REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, COMPLETENESS, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. Vorticy SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF Vorticy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Vorticy, ITS AFFILIATES AND LICENSORS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF Vorticy WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Applicable Law
These Terms of Use and all legal issues related to the Site shall be governed by the laws of the State of California, without regard to conflict of laws principles. You agree that any dispute involving these terms of use or this Site will be heard in a court with jurisdiction in San Diego County, California. You further agree that the prevailing party in any legal action will be entitled to recover its reasonable attorneys' fees incurred in connection with that action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, the remaining terms will continue in full force and effect.