Tailgate-Fanatic.com Terms and Conditions
1. Acceptance of Terms Tailgate-Fanatic.com ("Tailgate-Fanatic" or "we", "us", "our"), provides access to the Tailgate-Fanatic.com website, located at www.tailgate-fanatic.com (the "Site"). Use of the Site is subject to acceptance of this Website User Agreement ("Agreement").
By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact us by email before using the Site.
2. Types of Users
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "User" under this Agreement.
4. Use of the Site
You understand that we cannot and do not guarantee that the Site will be free of infection from viruses or other software or programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. As a user, you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
5. Risk: Internet Use
You assume total responsibility and risk for your use of the site and the Internet. You acknowledge and agree that any uploads or transmissions you make including but not limited to personal information and credit card information may be intercepted and used by an unauthorized person or persons. You are solely responsible for all usage and risk associated and involved with your usage of the site.
7. No Site Usage Warranties
For reasons we cannot control, Tailgate-Fanatic.com does not warrant that the site of services will meet user requirements, or that the site or service will be uninterrupted or without error or that any defects in the site will be corrected. The site and the content and services made available on the site are provided on an “As Is” basis and an “As Available” basis.
We do not make any express of implied warranties, representations or endorsements whatsoever including, but not limited to warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose, with regard to the site, the site content, any merchandise or services provided through the site or on the internet generally, other than Tailgate-Fanatic.com’s product guarantee.
Tailgate-Fanatic shall not be liable for any cost or damage arising either directly or indirectly from any transaction entered into through the site
8. System Outages
We periodically schedule system downtime for maintenance and other purposes. In addition, unplanned system outages also may occur. Tailgate-Fanatic shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, or non-delivery of information caused by such system outages. We shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
You agree to indemnify, defend and hold Tailgate-Fanatic and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use of products or services provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Tailgate-Fanatic.com’s defense of any claim. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Tailgate-Fanatic.
10. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of Tailgate-Fanatic and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Tailgate-Fanatic.
You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Tailgate-Fanatic.
Nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent or trademark of Tailgate-Fanatic or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Tailgate-Fanatic copyright.
12. Limitation of Liability
Under no circumstances shall we or any other party involved in creating, producing or distributing the site or providing products or services through the site be liable for ant direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data, or other intangible losses that results from (i) the use or inability to use the site, (ii) the cost of procurement of substitute merchandise and services resulting from any merchandise, data, content, or services purchased or obtained or transactions entered into through or from the site (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, warranties, guarantees or conduct of Tailgate-Fanatic or any third party on the site, including but not limited to statement about the use or functionality of any merchandise purchased through the site; or (v) any other matter relating to the site.
13. Your Account and Membership Obligations
In consideration of your use of the Site you agree to: (i) provide accurate and current information about yourself as prompted by the Site ("Registration Information" and payment information); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site.
You are responsible for maintaining the confidentiality of your password, and all account information (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. We shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.
14. Returns and Exchanges
All of us at Tailgate-Fanatic.com understand that you may have a problem with your order and will need to return or exchange item(s) you have bought from the web site. Provided you meet the terms and conditions listed below, you may make a return or exchange. Please note that not all item(s) on our web site are returnable. If you have a question about the return/exchange policy of a certain item, then please contact us directly.
Item(s) returned for a refund may incur up to a 25% restocking fee. You, the buyer, are responsible for return shipping.
Item(s) may be exchanged and may incur up to a 10% restocking fee. You, the buyer, are responsible for return shipping and the new shipping costs for the new item(s).
We take great care and pride in making sure all item(s) are inspected before being shipped out. It is your responsibility to inspect each item for visible damage. If you identify visible damage, do not accept the shipment until the driver has noted the damage on your receipt and his/her copy and after you have requested an inspection from the carrier. Please contact us immediately and we will file a claim with the carrier who shipped your item(s). A resolution will not be provided for your order until the claim has been completed.
All items are sold with their respective manufacturer’s warranty. Each manufacture warranty period and services will vary. Please contact them directly for any warranty issues. If you have a question regarding the warranty of item, then please contact us before making your purchase.
15. Shipping Oversized Packages
If for some reason your package is oversized, we may email you a quote for shipping that differs from the numbers listed on the site. We will not ship your order until we get your approval.
16. Purchase and Product Pricing
Sometimes mistakes occure concerning the price or availability of a product. In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing, the item becoming out-of-stock, a photo being slightly off, or product information or otherwise, Tailgate-Fanatic shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Tailgate-Fanatic shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User's credit card charged. If the User's credit card has already been charged for the purchase and his/her order is canceled, Tailgate-Fanatic shall issue a credit to the User's credit card account in the amount of the charge.
17. No Endorsement of Content and Links to Other Web Sites
Links, if any, to other sites are provided as simply a convenience to the Users of this Site to provide a potentially better and more informative user experience. We have not reviewed all of these other sites, have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Tailgate-Fanatic does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
18. User Feedback
19. Acceptable and Lawful Use of the Site
You agree that any information provided to Tailgate-fanatic in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Tailgate-Fanatic or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail (i.e. "Spam").
In order to protect our customers, Tailgate-Fanatic reserves the right to ship packages signature required. If a US Mail package is lost in transit, the customer is responsible.
The United States Postal Service does not have the ability to track international packages (including shipments to Canada)
If the item(s) is not deliverable due to the incorrect address being provided or nobody to signs for the package, then you the buyer is responsible for the return freight of your package back to us. You will also be responsible for the shipping cost to reship your item(s).
21. Updates and Modifications
In its sole discretion, Tailgate-Fanatic may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. We reserve the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone.
Tailgate-Fanatic may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by email.