Welcome to the Tom Tiger® Leggings, Shorts website (the “Site”) owned and operated by Tom Tiger® (“Tom Tiger®”, “we,” “us” and/or “our”). Please read these Terms and Conditions of Use (the “Terms”) carefully before using this Site so that you are aware of your legal rights and obligations with respect to Tom Tiger® and this Site. By accessing or using the Site, you expressly acknowledge that you have read and understood these Terms and agree to be bound by them. Do not access or use the Site if you do not agree to these Terms.
1. Acceptance of Terms
a. By accessing or using the Site and/or purchasing or using any Tom Tiger® products sold on the Site (the “Products”), you agree to comply with and be legally bound by these Terms, whether or not you are a registered user of the Site. Please read these Terms carefully.
b. We may change, add, remove, modify, or otherwise update these Terms in our sole discretion at any time. Any changes will be effective immediately upon posting of the revised Terms on the Site. Your continued use of the Site and/or purchase or use of any Products after such posting means you accept and agree to the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and/or Products immediately.
2. Site Content, Products, and Services
a. Content. The Site, including all of its text, images, trademarks, logos, photographic images, audio, video, graphics, data, images, software, computer code, design, and other content (collectively, “Content”), and all Products offered for sale on it, are owned by Tom Tiger® and our licensors and certain other third parties. All of the Content is protected under applicable copyrights and other intellectual property rights laws. We reserve all rights not expressly granted in and to the Site and the Content.
b. Services. The Site may provide you with access to various tools and services, including the ability to order Products online. These tools and services are subject to change at any time.
c. Products. The Site offers various Products for sale. All Product details, including but not limited to Product attributes, descriptions, specifications, and availability, are subject to change at any time without notice. The inclusion of any Products on the Site at a particular time does not imply or warrant that those Products will be available at any other time.
3. Use of the Site
You may use the Site only for lawful purposes. You agree that you will not:
- Copy, reproduce, modify, create derivative works from, publicly display or frame any Content except as explicitly permitted under these Terms.
- Use the Site or Content for any unlawful purpose or in violation of any applicable laws.
- Access or tamper with non-public areas of the Site that are not intended for customer use.
- Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the Site or its servers.
- Take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on Site infrastructure.
- Upload or transmit any computer viruses, worms or any software intended to damage or alter a computer or communication network without the owner’s consent.
- Collect or harvest any personally identifiable information from the Site.
- Use the Site to violate the security or integrity of any network, computer or communications system, software application or network or computing device.
- Impersonate or misrepresent your affiliation with any person or entity.
- encouraging or enabling any other individual to do any of the foregoing.
We have the right to investigate violations of these Terms and may take any technical, legal, and other action we deem appropriate to prevent or stop such violations.
4. Registration and Accounts
You may browse the Site without registering for an account. However, to purchase Products on the Site and access certain features, you may be required to register and create an account with us (an “Account”).
If you register for an Account, you agree to:
- Provide accurate and complete registration information.
- Promptly update your registration information if it changes.
- Maintain the security of your password and accept responsibility for all activities that occur under your Account.
- Immediately notify us if you suspect any unauthorized use of your Account.
We reserve the right to suspend or terminate your Account if you violate these Terms, with or without notice to you.
You are solely responsible for activity that occurs through your Account, whether or not authorized by you, and you must safeguard the confidentiality of your Account credentials.
5. User Content
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an account on our Site (“User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete.
We do not own, control or endorse any User Content transmitted, stored or processed via the Site. We make no guarantees about the accuracy, currency, suitability, reliability, quality, creditworthiness or legitimacy of any User Content on the Site. User Content does not represent the views or opinions of Tom Tiger® or its affiliates, and we do not verify or authenticate it. Use of any User Content is entirely at your own risk.
You retain all rights and ownership over the User Content you provide, subject to the licenses granted under these Terms.
By uploading, transmitting, providing or otherwise making available any User Content on or through our Site, you grant to us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, display, store, adapt, publicly perform and distribute such User Content in connection with the operation of our Site and business, including without limitation for promoting and redistributing part or all of the Site in any media formats and through any media channels.
You are solely responsible for all User Content you upload, post or otherwise make available via the Site. You represent and warrant that:
- You own or have the necessary licenses and rights to use and authorize us to use all User Content as necessary to exercise the licenses granted by you under these Terms.
- Your User Content and our use of such User Content does not and will not infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right.
We do not assume any responsibility or liability for any User Content. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion to edit, refuse to post, or remove any User Content at any time.
6. Third Party Content and Services
The Site may contain links to or integrations with third party websites, platforms, content and services (“Third Party Content”). We provide Third Party Content only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Content. Your use of any Third Party Content and your interactions with third parties are at your own risk. You should make any investigation you feel necessary or appropriate before proceeding with any transaction or relationship with any third party.
7. Orders and Payment
To order Products on the Site:
- All Product orders are subject to Product availability, and we may reject orders for any reason. We may require additional verification or information before accepting an order.
- You must pay all prices and fees in effect at time of purchase. We reserve the right to change prices and fees at any time.
- Taxes and shipping charges are not included in prices, except as indicated at checkout and on your invoice. All applicable taxes and shipping charges will be added to your purchase total at checkout.
- We may request pre-authorization of your credit or debit card account prior to shipment to verify the card is valid and has the necessary funds or credit available. You authorize the card issuer to pay the amount upon posting.
- If payment cannot be processed through your payment method, or if payment is reversed or denied, we reserve the right to cancel your order and you will remain liable for any unpaid amounts plus applicable losses and costs incurred by Tom Tiger® to collect remaining balances due.
Risk of Loss and Shipping Terms
- Delivery dates provided through the Site are estimates only. We are not responsible for any shipping delays.
- Title and risk of loss pass to you upon our transfer of Product to the carrier. You are responsible for filing any claims for damaged and/or lost shipments.
- You authorize us to act as your customs broker and agent to clear shipments, prepare and submit documents and perform any actions we consider appropriate to facilitate the import of Products on your behalf. You are responsible for compliance with all applicable import and export laws and regulations.
Returns and Exchanges
- Please review our Return Policy posted on the Site prior to making any purchases. It contains important information about making returns, including timeframes, processes, your responsibilities and remedy limitations.
- If you receive a damaged, defective or incorrect Product, please contact us within 48 hours of delivery with details of the problem and to arrange a return or exchange.
- We may require you to provide photographs or video of any damages or defects before accepting a return or exchange.
- Custom made Products may not be returned or exchanged, except for warranty claims. Please choose carefully.
Gift Cards and Promotional Offers
- Gift Cards, discounts and promotional codes are valid for one time use only, and may not be combined with other offers unless expressly stated.
- Gift Card purchases are non-refundable. Balance is not redeemable for cash.
- Promotional codes have no cash value, are not for resale and may be terminated by Tom Tiger® at any time for any reason.
- TomTiger® reserves the right to cancel orders and suspend accounts of any users who abuse promotional offers and/or gift cards to obtain excess value.
8. Your Representations and Warranties
By using the Site and/or purchasing or using any Products, you represent, warrant and covenant that:
- You have read and agree to these Terms.
- You are of legal age and competence to form a binding contract and are not a person barred from purchasing or receiving Products under the laws of the United States or other applicable jurisdiction.
- You have all necessary right, power and authority to enter into these Terms and perform your obligations hereunder and are not barred by any other agreement from doing so.
- Any information you provide us is accurate and complete.
- Any billing information you provide us (including credit/debit card or other payment information) is accurate and you are authorized to use the payment method you provided.
- Your acceptance and use of the Site and any Products complies with all applicable laws and regulations.
- You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
- You will not violate these Terms or any applicable laws, regulations or rights of third parties.
9. Indemnification
You agree to indemnify, defend and hold harmless Tom Tiger® and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, suppliers, licensors, service providers, subcontractors, employees, interns, contractors, officers, partners and directors (collectively, “Indemnified Parties”) from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Any breach or violation of these Terms or any applicable laws by you;
- Any User Content you provide;
- Any misrepresentation made by you; and/or
- Your use of the Site and/or Products.
We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You shall not settle any claim without our prior written consent.
10. Disclaimers and Limitations on Liability
The Site and all Site Content are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind, expressed, implied or statutory. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Tom Tiger® AND THE Indemnified Parties DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED AND STATUTORY, WITH RESPECT TO THE SITE, CONTENT AND PRODUCTS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS OR CURRENTNESS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Tom Tiger® AND THE Indemnified Parties DISCLAIM ANY WARRANTIES THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, CONTENT ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF CONTENT FROM THE SITE. WE ARE NOT RESPONSIBLE FOR ANY PRODUCT DEFECTS, DAMAGES, DELAYS AND DELIVERY FAILURES, LOST PROFITS OR ANY OTHER DIRECT DAMAGES ARISING FROM YOUR USE OF THE SITE.
YOU AGREE THAT IN NO EVENT SHALL Tom Tiger® OR ANY Indemnified party BE LIABLE FOR ANY SPECIAL, EXEMPLARY, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO THE SITE, CONTENT AND PRODUCTS, EVEN IF Tom Tiger® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT THE TOTAL MAXIMUM AGGREGATE LIABILITY OF Tom Tiger® AND THE Indemnified PARTIES FOR ANY CLAIMS UNDER THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID TO Tom Tiger® TO PURCHASE THE PRODUCT(S) GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON LIABILITY AS SET FORTH ABOVE. AS A RESULT, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS NOT CONTAINED IN THESE TERMS.
11. Termination
We reserve the right to terminate your use of the Site and/or your Account, for any reason or no reason and without notice to you, including if we believe that you have violated these Terms.
Upon termination, you must immediately cease use of the Site and/or Account and your license to use the Site immediately ceases. Sections 1, 3-13, 15-16, and 18-21 of these Terms survive termination of your use or access to the Site for any reason.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of the United States and the State of California, without regard to conflict of laws rules. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be in an appropriate state or federal court located in San Francisco County, California, and you agree to submit to the personal jurisdiction of such courts.
13. Class Action Waiver
You agree that any dispute is personal to you and Tom Tiger® and must be resolved on an individual basis. You agree not to pursue or participate in any class action, collective action or other representative proceeding related to this Site, Content or Products or these Terms. We expressly waive any right to proceed on a class or representative basis. If any court determines this class action waiver is not enforceable as to any particular claim or request for relief, then that claim or request for relief (but not any others) must be severed from the arbitration and may be brought in court.
14. Arbitration Agreement
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve any dispute informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court before a judge or jury. Court will only be available for appeals or to enforce the arbitrator’s award. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA.
Covered Claims
Any dispute, claim or controversy between you and Tom Tiger® (that isn’t resolved informally) that arises out of or relates in any way to this these Terms, the Site, Content or Products (“Claim”) is subject to arbitration, regardless of whether the Claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal theory.
Informal Resolution
Before formally asserting a Claim in any proceeding, you agree to first try to resolve the Claim informally by contacting us. Similarly, before we assert a Claim against you, we agree to first try to resolve it informally. If a Claim can’t be resolved informally within 60 days after the initial notice, either party may initiate arbitration.
Rules
The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and not using the Site for commercial purposes, the Consumer Arbitration Rules) in effect when arbitration is initiated. For all Claims, there shall be a single arbitrator. The arbitrator will make any award in writing and, if requested by you or us, provide a statement of reasons. The arbitrator can award the same remedies that a court could, including costs, attorneys’ fees, and, for certain Claims brought by individuals, statutory damages up to $5,000, plus any punitive or exemplary damages allowed by applicable laws.
Location
Arbitration proceedings will be in San Francisco County, California.
Fee
We will pay all AAA filing, administrative and arbitrator fees if you provide us with reasonably satisfactory written evidence that you cannot afford to pay those fees.
Individual Proceedings Only
You and Tom Tiger® agree not to seek to proceed on any Claim in arbitration as a class claim or class action or other comparable representative proceeding, nor shall you participate as a class member in any action, lawsuit or arbitration against Tom Tiger®. If any court or arbitrator determines that this prohibition of collective or representative proceedings is invalid or unenforceable for any reason with respect to a Claim: (i) the Claim must proceed in arbitration on an individual basis only; and (ii) such court or arbitrator will have no power or authority to preside over any representative, private attorney general or collective proceeding on such Claim.
Limitations
You and Tom Tiger® agree that any arbitration will be limited to the Claim between Tom Tiger® and you individually. No award or relief will be issued on behalf of any other party or on a class, collective or representative basis in any Proceeding. YOU UNDERSTAND AND AGREE THAT YOU ARE HEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND Tom Tiger® WAIVE ANY RIGHT TO A JURY TRIAL. Notwithstanding any provision in these Terms to the contrary, if our agreement on arbitration of class, collective and representative claims is found unenforceable, then our agreement to arbitrate will be null and void, and any Claims will be resolved in court, not in arbitration.
Opt Out
You have the right to opt out of this arbitration agreement. If you wish to opt out, you must notify us in writing at Tom Tiger®, Attn: Legal, 100 Main St, San Francisco, CA 94105 within 30 days of the date that you first agreed to these Terms. Your opt out notice must include your name, address, phone number, email address and Tom Tiger® username, as well as a clear statement that you do not wish to resolve disputes with Tom Tiger® through arbitration. Your decision to opt out of this agreement to arbitrate will have no adverse effect on your relationship with Tom Tiger® or the delivery of Products to you by Tom Tiger®. If you have previously notified us of your intent to opt out of arbitration, you need not do so again. If you do not opt out according to the terms of this Section, you will be bound to arbitrate any Claims with Tom Tiger® pursuant to these Terms. Opting out of this arbitration agreement has no effect on any previous or future arbitration agreements that you may have with us.
15. Force Majeure
Tom Tiger® shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Tom Tiger®’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
16. Severability
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
17. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Tom Tiger® without restriction or notice.
18. Survival
The provisions of these Terms relating to indemnification, disclaimers and limitations on liability, waivers, dispute resolution and interpretation and certain other provisions identified herein, shall survive any termination or expiration of these Terms.
19. Intellectual Property
You agree that all materials, including but not limited to the design, text, graphics and all software and code, underlying and forming part of the Site are subject to copyright, trademark and other intellectual property rights owned by Tom Tiger®, its affiliates, partners or licensors. These objects may not be copied, distributed, republished, uploaded or transmitted in any way without our prior written consent, except to the minimum extent required to use the Site as permitted under these Terms.
The trademarks and logos found on the Site are trademarks of Tom Tiger® or its affiliates or licensors. You may not use or display such trademarks without our prior written consent. No right or license is granted hereunder for you to use any Tom Tiger® or third party trademarks.
20. Notice
Tom Tiger® may provide any notices to you regarding these Terms and your use of the Site by: (i) posting a notice on the Site; and/or (ii) sending an email to the email address associated with your Account. Notices sent to you via email will be deemed given and received 24 hours after being sent. You agree to keep the email address associated with your Account current and be responsible for reading any notices promptly.
21. Entire Agreement
These Terms (together with any documents incorporated herein by reference) contain the entire understanding between you and Tom Tiger® with respect to use of the Site and supersede all prior agreements, representations and undertakings with respect to use of the Site.
Contact Us
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at:
Tom Tiger®
100 Main St
San Francisco, CA 94105
Email: [email protected]
