Terms of service
TERMS AND CONDITIONS
This website is operated by Tact Gearz Equipment & Clothing Inc. Throughout the site, the terms "we", "us" and "our" refer to Tact Gearz Equipment & Clothing Inc. Tact Gearz Equipment & Clothing Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing anything from us, you are engaging in our "Service" and agreeing to be bound by the following terms and conditions ("Terms of Use", "Terms"), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including, but not limited to, users who are browsers, suppliers, customers, merchants and/or content contributors.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current store will also be subject to the Terms of Use. You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose and you may not, in the use of the Service, violate any laws of your jurisdiction (including but not limited to).
You may not transmit any worms or viruses or any code of a destructive nature
.
Any violation or breach of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONSWe
reserve the right to refuse service to any person for any reason at
any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) modifications to conform and accommodate technical network or device connection requirements.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us
.
The headings used in this Agreement are included for convenience only and will not limit or affect these Terms.
SECTION 3 - ACCURACY, ACCURACY AND CURRENCY OF INFORMATIONWe
are not responsible if the information made available on this site is not accurate, complete or current. The content of this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any use of the materials on this site is at your own risk.
This site may contain certain historical information
.
Historical information, by necessity, is not current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES IN SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice to you at any time.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
(if applicable) Certain products or services may be available exclusively online through the Website.
These products or services may have limited quantities and can only be returned or exchanged in accordance with our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer screen display of any color will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic area or jurisdiction
.
We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void or prohibited.
We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the billing email address and/or phone number provided at the time of ordering. We reserve the right to limit or prohibit orders that, in our opinion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from our store
.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.
For
more details, please see our Return Policy.
SECTION 7 - OPTIONAL TOOLSWe
may provide you with access to third party tools over which we have no control or input - You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement
.
We assume no responsibility for your use of optional third party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you must ensure that you are familiar with and agree to the terms and conditions on which the tools are provided by the relevant third party provider(s).
We may also, in the future, offer new services and/or features on the website (including the release of new tools and resources)
.
These new features and/or services will also be subject to these Terms of Use.
SECTION 8 - THIRD PARTY LINKSSome
content, products and services available through our Service may include materials from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and we do not warrant and will not assume any liability for any third party materials or websites, or any other third party materials, products or services.
We are not responsible for any damages or injury related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party
websites.
Please review the third party's policies and practices carefully and make sure you understand them before conducting any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
SECTION 9 - USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONSIf
, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Feedback'), you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate, and otherwise use in any medium the Feedback you send to us. We are not and will not be obligated to (1) maintain the confidentiality of the comments; (2) pay compensation for any comments; or (3) respond to the comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party's intellectual property or these Terms of Use
.
You agree that your comments will not infringe on any third party's rights, including copyright, trademark, privacy, personality or other personal or proprietary rights
.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that would in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or others as to the origin of any comment. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATIONYour
transmission of personal information through the Store is governed by our Privacy Policy
.
To view our Privacy Policy
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONSOccasionally
, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability
.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you submit your order).
We make no commitment to update, modify or clarify information on the Service or any related website, including, without limitation, pricing information, except as required by law
.
No update or specified update date applied in the Service or on any related website shall be taken to indicate that any information in the Service or on any related website has been changed or updated.- SECTION 12 - PROHIBITED USESIn
addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) solicit or participate in illegal acts; (c) violate any international, federal, state or provincial government regulations, rules, laws or local ordinances; (d) infringe our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, hurt, defame, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability (g) upload or transmit viruses or any other type of malicious code that will or may be used in any manner that affects the functionality or operation of the Service or any related website, other websites or the Internet (h) collect or track the personal information of others; (i) spam, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for obscene or immoral purposes; or (k) interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violation of any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYWe
do not warrant, represent or guarantee that your use of our Service will be uninterrupted, timely, secure or error-free
.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that, from time to time, we may discontinue the service indefinitely or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk
.
The service and all products and services delivered to you through the service are (except as expressly stated by us) provided on an 'as is' and 'as available' basis for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
Tact Gearz Equipment & Clothing Inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, lost data, replacement costs or similar damages, whether based on contract, tort (including negligence) strict liability or otherwise, arising out of your use of any of the services or products purchased using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available via the service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tact Gearz Equipment & Clothing Inc. and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Use. Service, such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or as a result may deny you access to our Services (or any portion thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals. The Terms of Service shall be governed by and construed in accordance with all prior agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the writer.
SECTION 18 - APPLICABLE LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 19 - CHANGES TO THE TERMS OF USE
You may review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at info@tactgearz.com.