Terms Of Service

Questions? Contact Founding Athletics at support@foundingathletics.com or +1 616 577 7968.

These Terms of Service govern website use, purchases, transactions, customer communications, and related interactions with Founding Athletics.

By using our website or placing an order, customers agree to these Terms and all incorporated policies, including our Return Policy, Shipping & Delivery Policy, Warranty Policy, Privacy Policy, Accessibility Statement, Financing Terms, and any product-specific terms.

 

 

1. Eligibility to Purchase

By placing an order, you represent that you are at least 18 years old and have the legal capacity to enter into a binding purchase agreement.

You agree to provide accurate billing, shipping, contact, and payment information.

 

 

2. Order Acceptance

Founding Athletics reserves the right to refuse, limit, modify, or cancel any order at our discretion for legitimate business or fulfillment reasons.

This may include orders affected by:

  • Fraud concerns

  • Pricing errors

  • Product unavailability

  • Supplier cancellations

  • Technical issues

  • Shipping restrictions

  • Payment issues

  • Policy violations

  • Address verification issues

  • Unusual order activity

Receipt of an order confirmation email does not constitute final acceptance of the order.

 

 

3. Pricing & Listing Errors

We make reasonable efforts to maintain accurate pricing, specifications, images, descriptions, shipping information, and availability information.

However, errors may occur.

Founding Athletics reserves the right to correct errors, inaccuracies, or omissions and cancel or modify affected orders.

If an order is cancelled because of a pricing, listing, technical, or availability error, the customer will receive a refund for any amount paid for the cancelled item.

 

 

4. Payment Terms

Payment may be authorized or captured at the time of purchase depending on the payment method and checkout provider.

All payments are subject to:

  • Fraud screening

  • Verification

  • Payment processor approval

  • Financing provider approval, where applicable

Founding Athletics is not responsible for:

  • Financing denials

  • Authorization failures

  • Bank holds

  • Payment processor issues

  • Payment delays

  • Financing provider errors

 

 

5. Financing Terms

Financing options, if available, are provided by third-party financing providers and are subject to separate approval, terms, conditions, disclosures, interest rates, fees, and payment schedules.

Founding Athletics does not control financing approvals, interest rates, late fees, credit decisions, payment schedules, or financing provider policies.

Returns, disputes, refunds, and cancellations involving financed purchases may also be subject to the financing provider’s terms.

 

 

6. Sales Tax

Applicable sales tax may be calculated and collected at checkout based on shipping address, billing address, product type, and applicable state and local laws.

Customers are responsible for taxes, fees, duties, or assessments not collected at checkout where legally required.

 

 

7. Intellectual Property

All website content, including text, logos, images, product descriptions, graphics, videos, design elements, and other materials, is owned by or licensed to Founding Athletics or its suppliers, manufacturers, or content providers.

Customers may not copy, reproduce, scrape, distribute, modify, publish, or use website content without prior written permission.

 

 

8. Website Use & Prohibited Conduct

Customers agree not to:

  • Misuse the website

  • Attempt unauthorized access

  • Submit false information

  • Abuse discounts or promotions

  • Engage in fraudulent activity

  • Scrape website content

  • Interfere with website operation

  • Use the website for unlawful purposes

  • Violate applicable laws

Founding Athletics reserves the right to restrict access, cancel orders, refuse service, or take appropriate action where misuse, fraud, abuse, or unlawful activity is suspected.

 

 

9. Payment Disputes & Chargebacks

Customers are encouraged to contact Founding Athletics first at support@foundingathletics.com so we can attempt to resolve order, billing, delivery, return, product, warranty, or payment issues directly.

If a customer initiates a chargeback or payment dispute, Founding Athletics reserves the right to provide the payment processor, card issuer, financing provider, or payment platform with all relevant documentation, including:

  • Order records

  • Tracking information

  • Freight carrier records

  • Delivery confirmation

  • Signed delivery receipts

  • Customer communications

  • Product pages

  • Checkout records

  • Policy acknowledgments

  • Claim documentation

Initiating a chargeback does not automatically cancel an order, waive return requirements, waive restocking fees, waive freight costs, or override these Terms or our other policies.

Fraudulent, false, or abusive claims may be disputed through applicable payment processor procedures, card issuer processes, financing provider procedures, lawful collection processes, or other lawful channels.

 

 

10. Indemnification

To the maximum extent permitted by law, customers agree to indemnify, defend, and hold harmless Founding Athletics, its owners, employees, contractors, suppliers, manufacturers, service providers, and affiliates from claims, damages, losses, liabilities, costs, or expenses arising from:

  • Customer misuse of products

  • Improper installation

  • Unauthorized modification

  • Violation of these Terms or incorporated policies

  • Violation of applicable law

  • False information submitted by the customer

  • Customer-caused delivery or access issues

  • Use of products contrary to manufacturer instructions

 

 

11. Force Majeure

Founding Athletics is not responsible for delays, failures, interruptions, or non-performance caused by events outside our reasonable control, including:

  • Manufacturer delays

  • Supplier delays

  • Carrier delays

  • Weather

  • Natural disasters

  • Supply chain disruptions

  • Labor strikes

  • Government actions

  • Port congestion

  • Freight terminal congestion

  • Technical failures

  • Pandemics

  • Acts of God

 

 

12. Limitation of Liability

To the maximum extent permitted by law, Founding Athletics shall not be liable for:

  • Indirect damages

  • Consequential damages

  • Incidental damages

  • Special damages

  • Punitive damages

  • Lost profits

  • Lost revenue

  • Loss of use

  • Installation costs

  • Contractor costs

  • Business interruption

  • Property modifications

  • Delay-related damages

To the maximum extent permitted by law, Founding Athletics’ total liability for any claim related to a product, order, delivery, return, warranty issue, website use, or customer transaction shall not exceed the amount paid by the customer for the product giving rise to the claim.

Some jurisdictions may not allow certain liability limitations, so some limitations may not apply to every customer.

 

 

13. Disclaimer of Warranties

Except as expressly stated in writing or provided through applicable manufacturer warranties, products and services are provided on an “as available” basis to the maximum extent permitted by law.

Founding Athletics does not provide warranties beyond those expressly stated in writing or provided by applicable manufacturers.

Manufacturer warranties, where available, are subject to manufacturer terms, exclusions, claim procedures, and limitations.

 

 

14. Governing Law & Venue

These Terms and related disputes are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles, except where Utah law or other applicable consumer protection laws are required to apply.

Subject to arbitration requirements and applicable law, any permitted court proceeding shall be brought in the state or federal courts located in Wyoming unless applicable law requires a different venue.

Founding Athletics may also enforce its rights in any jurisdiction where a customer resides, where an order was placed, where a product was delivered, where customer conduct occurred, or where enforcement is legally permitted.

Because Founding Athletics is registered in Wyoming and has operational nexus in Utah, this section should be reviewed by a qualified attorney before publication.

 

 

15. Dispute Resolution, Arbitration & Class Action Waiver

Before filing legal claims, customers agree to contact Founding Athletics at support@foundingathletics.com to attempt informal dispute resolution.

To the maximum extent permitted by law, disputes arising from or relating to a product, order, delivery, return, refund, warranty claim, website use, payment dispute, or customer transaction shall be resolved through binding individual arbitration rather than in court.

Customers and Founding Athletics agree that disputes will be handled only on an individual basis and not as a class action, collective action, private attorney general action, or representative proceeding.

This section does not prevent either party from bringing an eligible claim in small claims court where permitted by law.

Any arbitration shall be conducted in Wyoming unless the parties agree otherwise or applicable law requires a different location.

Customers may opt out of arbitration by sending written notice to support@foundingathletics.com within 30 days of purchase. The opt-out notice must include the customer’s name, order number, email address, and a clear statement that the customer opts out of arbitration.

Attorney review is recommended before publication because arbitration requirements vary by jurisdiction.

 

 

16. Severability

If any provision of these Terms or incorporated policies is found invalid, unlawful, or unenforceable, the remaining provisions remain in full force and effect.

 

 

17. No Waiver

Failure by Founding Athletics to enforce any provision of these Terms or incorporated policies does not constitute a waiver of that provision or any other provision.

 

 

18. Assignment

Customers may not assign or transfer their rights or obligations under these Terms without written consent from Founding Athletics.

Founding Athletics may assign or transfer these Terms in connection with business operations, reorganization, merger, sale, or transfer of assets.

 

 

19. Policy Updates

Founding Athletics may update these Terms and incorporated policies from time to time.

The version posted on the website at the time of purchase applies to the order unless otherwise required by law.

Continued website use after policy updates may constitute acceptance of updated terms.