Terms & Conditions

Effective Date: September 28, 2026

Welcome to Fountain 58. These Terms & Conditions (“Terms”) govern your use of the Fountain 58 website (the “Website”), operated by Nickel City Connection LLC d/b/a Fountain 58 (“Fountain 58,” “Company,” “we,” “our,” or “us”).

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Website.

1. Website Purpose

The Website allows visitors to learn about Fountain 58, view our event services and packages, review menu offerings, submit event inquiries, request booking information, contact us, and interact with other content or features made available through the Website.

Information displayed on the Website is provided for general informational and promotional purposes.

Submission of an inquiry, contact form, event request, or other information through the Website does not by itself create a binding event reservation or service agreement.

Any confirmed event booking may be subject to a separate written proposal, invoice, booking agreement, catering agreement, or other event-specific terms.

2. Event Inquiries and Booking Requests

When submitting an event inquiry or booking request through the Website, you agree to provide accurate and complete information to the best of your knowledge.

This information may include:

  • Your name and contact information.

  • Event date.

  • Event location.

  • Estimated guest count.

  • Event type.

  • Requested services or package.

  • Other information relevant to the event.

Submitting an inquiry does not guarantee availability, pricing, acceptance, or reservation of a particular event date.

An event is not considered confirmed solely because Fountain 58 has received or responded to an inquiry.

Final event pricing, availability, scope of services, payment requirements, cancellation terms, and other booking details will be established separately when applicable.

3. Website Pricing and Service Information

We make reasonable efforts to display package descriptions, service information, menu items, images, and pricing accurately.

However, Website information may change from time to time.

Prices, package details, menu items, guest-count limits, service durations, add-ons, and availability may change without notice unless already established in a separate binding agreement.

Website pricing may be presented as starting pricing, estimated pricing, promotional pricing, or general package pricing and may not reflect the final cost of every event.

Final event pricing may vary based on factors such as:

  • Event location.

  • Guest count.

  • Service duration.

  • Selected package.

  • Requested add-ons.

  • Travel requirements.

  • Venue requirements.

  • Staffing requirements.

  • Other event-specific circumstances.

Nothing displayed on the Website constitutes a guaranteed quote unless expressly stated otherwise in writing by Fountain 58.

4. Images and Representations

We make reasonable efforts to accurately represent Fountain 58's services, food, beverages, equipment, carts, displays, signage, and event setups.

However, photographs, mockups, renderings, illustrations, promotional graphics, and sample event setups may differ from the exact appearance of services provided at a particular event.

Differences may result from:

  • Venue layout.

  • Equipment configuration.

  • Seasonal availability.

  • Menu changes.

  • Product availability.

  • Event customization.

  • Photography or lighting.

  • Normal presentation variation.

Minor differences that do not materially change the nature of the advertised service are not considered misrepresentations.

5. Payments Through the Website

The Website may allow customers to make deposits, payments, or other charges related to Fountain 58 services.

Payments may be processed through third-party payment providers.

Fountain 58 does not directly store complete payment-card information when payments are processed through third-party providers.

Any payment made through the Website is also subject to the terms of the applicable event agreement, proposal, invoice, or booking arrangement.

Making a payment does not create rights beyond those established in the applicable event-specific agreement.

6. Cancellations and Refunds

Event cancellations, refunds, deposits, rescheduling, payment obligations, and related matters are governed by the applicable event-specific agreement, proposal, invoice, or written cancellation policy.

The Website itself does not create any independent cancellation or refund rights beyond those required by applicable law or expressly provided in writing by Fountain 58.

If information displayed on the Website conflicts with a signed event agreement or other event-specific written terms, the event-specific terms will control.

Nothing in these Terms limits any rights that cannot legally be waived.

7. Acceptable Use

You agree to use the Website only for lawful purposes.

You may not:

  • Violate any applicable law or regulation.

  • Submit false, fraudulent, misleading, or unauthorized information.

  • Impersonate another person or business.

  • Attempt to gain unauthorized access to the Website, accounts, servers, or systems.

  • Interfere with the Website's security or operation.

  • Introduce malware, harmful code, automated attacks, or disruptive technology.

  • Use scraping, crawling, automated extraction, or similar tools in a manner that disrupts or commercially exploits the Website.

  • Use the Website to harass, threaten, defraud, or harm another person.

  • Use Website content for unauthorized commercial purposes.

We may restrict or terminate access to the Website when we reasonably believe these Terms have been violated.

8. Intellectual Property

The Website and its original content, including the Fountain 58 name, logos, branding, graphics, menus, artwork, photographs, videos, written copy, promotional materials, designs, and Website layout, are owned by or licensed to Fountain 58 and are protected by applicable intellectual-property laws.

You may access and use the Website for personal and legitimate event-planning purposes.

Without prior written permission, you may not:

  • Copy, reproduce, modify, or republish Website content.

  • Use Fountain 58 logos or branding for commercial purposes.

  • Manufacture or sell products using Fountain 58 artwork or branding.

  • Distribute, license, sublicense, or commercially exploit Website materials.

  • Remove copyright, trademark, or ownership notices.

  • Present Fountain 58 content as your own.

  • Use Fountain 58 photographs or promotional materials to falsely imply affiliation, endorsement, or authorization.

No ownership rights are transferred to you through your use of the Website.

9. Customer Photos, Testimonials, and Submitted Content

Visitors or customers may submit photographs, videos, testimonials, reviews, event photos, captions, comments, or other content to Fountain 58.

You retain ownership of content you submit.

If you voluntarily submit content to Fountain 58 for publication, promotional use, social-media use, or display on the Website, you grant Fountain 58 a nonexclusive, royalty-free license to reproduce, display, crop, resize, format, publish, and share that content for Fountain 58's promotional, archival, Website, and social-media purposes.

By submitting content, you represent that:

  • You own the submitted content or have permission to submit it.

  • The content does not violate another person's copyright, privacy, publicity, or other rights.

  • You have any permissions reasonably necessary for identifiable individuals appearing in the content.

  • The content is not unlawful, fraudulent, threatening, obscene, defamatory, or harmful.

Fountain 58 may choose whether to publish, edit, decline, or remove submitted content.

You may request removal of content previously submitted for promotional use by contacting Fountain 58, although removal from materials already printed, distributed, archived, or reposted by others may not always be possible.

10. Reviews and Feedback

You may submit reviews, comments, suggestions, ideas, or other feedback regarding Fountain 58.

You remain free to provide an honest review of your experience.

Nothing in these Terms is intended to prohibit or penalize truthful consumer reviews.

We may remove or decline to publish content that is:

  • Fraudulent.

  • Unlawful.

  • Threatening.

  • Harassing.

  • Obscene.

  • Unrelated to Fountain 58.

  • Infringing on another person's rights.

  • Containing private or confidential information.

  • Spam or promotional material unrelated to Fountain 58.

Suggestions, ideas, or general feedback voluntarily submitted to Fountain 58 may be considered or used by Fountain 58 without an obligation to compensate the person submitting them, except where otherwise agreed in writing.

11. Third-Party Services and Links

The Website may rely on or link to third-party services, including:

  • Payment processors.

  • Website hosting providers.

  • Booking or scheduling platforms.

  • Social-media platforms.

  • Analytics services.

  • Mapping or navigation services.

  • Email providers.

  • External websites.

  • Other business software or online services.

We do not control third-party websites or services and are not responsible for their independent content, availability, security, privacy practices, or terms.

Your use of third-party services may be governed by separate terms and privacy policies.

A link to a third-party website does not necessarily constitute Fountain 58's endorsement of that website, business, product, or service.

12. Website Disclaimer

The Website and its content are provided on an “as is” and “as available” basis to the fullest extent permitted by law.

We make reasonable efforts to maintain accurate and useful information but do not guarantee that:

  • The Website will always be available or uninterrupted.

  • The Website will be entirely free from errors or harmful components.

  • Every description, price, menu item, package, photograph, or piece of content will always be complete or current.

  • Technical problems will be corrected immediately.

  • A particular date, package, menu item, or service will always be available.

  • Website information will perfectly reflect the final details of every individual event.

The Website is intended to provide general information about Fountain 58 and its services.

Nothing on the Website constitutes legal, medical, nutritional, financial, or other professional advice.

13. Food and Beverage Information

Information regarding food, beverages, ingredients, menu items, or dietary considerations displayed on the Website is provided for general informational purposes.

Menu offerings and ingredients may change.

Individuals with food allergies, intolerances, dietary restrictions, or other food-related concerns should contact Fountain 58 directly before booking or consuming food or beverages.

The Website should not be relied upon as the sole source of allergen or dietary information for a specific event.

Any event-specific allergy or dietary arrangements must be confirmed separately with Fountain 58.

14. Limitation of Liability

To the fullest extent permitted by law, Fountain 58, Nickel City Connection LLC, and their owners, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from:

  • Your access to or use of the Website.

  • Your inability to access or use the Website.

  • Reliance on Website content.

  • Website errors, delays, interruptions, or security incidents.

  • Third-party services or links.

  • Unauthorized access to information, except where liability cannot legally be excluded.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

Any liability relating to an actual Fountain 58 event or service will be governed by the applicable event-specific agreement and applicable law.

15. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Fountain 58, Nickel City Connection LLC, and their owners, employees, contractors, and agents from claims, damages, losses, liabilities, and reasonable expenses arising from:

  • Your unlawful or unauthorized use of the Website.

  • Your material violation of these Terms.

  • Content you submit.

  • Your infringement of another person's rights.

  • Fraudulent or harmful activity conducted using information or systems under your control.

This section does not apply to claims caused solely by Fountain 58's own unlawful conduct where liability cannot legally be shifted.

16. Privacy

Your use of the Website may involve the collection or processing of personal information.

Fountain 58's handling of personal information is governed by its separate Privacy Policy.

By using the Website or submitting information through Website forms, you acknowledge that information may be processed as described in the Privacy Policy.

17. Electronic Communications

By submitting an inquiry, contact request, booking request, or other form through the Website, you consent to receive communications from Fountain 58 regarding your request.

Communications may occur by email, telephone, text message, or another method you provide or authorize.

Submitting an inquiry does not automatically enroll you in unrelated promotional marketing communications unless you separately consent where required.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Any legal proceeding arising from these Terms or use of the Website shall be brought in a state or federal court with proper jurisdiction in Erie County, New York, unless applicable law gives the user the right to bring a claim elsewhere.

19. Severability

If any part of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.

The invalid provision will be interpreted or modified only to the minimum extent necessary to make it enforceable where permitted by law.

20. No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

21. Entire Agreement Regarding Website Use

These Terms, together with our Privacy Policy and any other policies expressly incorporated into these Terms, constitute the agreement between you and Fountain 58 regarding use of the Website.

These Website Terms do not replace a separate event proposal, invoice, catering agreement, booking agreement, or other contract entered into between Fountain 58 and a customer.

22. Changes to These Terms

We may update these Terms periodically.

Revised Terms will be posted on the Website with an updated effective date.

Changes apply prospectively unless otherwise stated.

Your continued use of the Website after updated Terms become effective constitutes acceptance of the revised Terms.

Changes to these Website Terms do not automatically modify an event agreement that was already entered into separately.

23. Contact Information

Questions regarding these Terms & Conditions may be sent to:

Fountain 58
Nickel City Connection LLC d/b/a Fountain 58
Buffalo, New York

Email: Contact@Fountain58.com