Terms and Conditions of Website Use
Last Updated: March 13, 2020
- Acceptance of Our Terms
By visiting Tail Activewear Website, and by viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to this Website, you agree to be bound by the following Terms and Conditions of Website Use (“Terms”). If you do not want to be bound by our Terms, you should not visit, view or otherwise use the services of the Tail Activewear Website. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Tail Activewear and that your use of this Website shall indicate your conclusive acceptance of this agreement.
Tail Activewear may modify these Terms or other policies set forth on the Site from time to time. When we modify these Terms, we will update the “Last Updated” line above. It is your responsibility to regularly review these Terms. Your use of the Site following the posting of updated Terms constitutes your acceptance of such updated Terms.
- Membership & Eligibility (United States Only)
The Tail Activewear “A List” Reward (“Program”) is a rewards program offered by Tail Activewear to its customers located in the U.S. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of Tail Activewear and its affiliates are not eligible for Membership. You must be age 18 years or older and a legal resident of the United States to be eligible for Membership.
By joining the Program, you agree to be bound by these terms and conditions (“Terms”). NO PURCHASE IS NECESSARY TO BECOME A MEMBER. The Program is void where prohibited by law.
Affiliates of Tail Activewear may also have similar customer programs; Membership in the Program does not confer any rights or benefits in the program of any other Tail Activewear affiliate.
- Earning and Redeeming Program Rewards (United States Only)
Under the Program, you earn one (1) A List point (“point”) for every U.S. dollar spent on merchandise in the United States online.
Points may be redeemed for (“Rewards”) to be determined by Tail Activewear in its sole discretion; provided, however, that in order to redeem your points for any Reward, you must (1) accumulate a minimum number of points as established by Tail Activewear and (2) make an additional purchase of merchandise from Tail Activewear at the time that you redeem your points. Program members are able to redeem no more than one of each Reward per transaction. Program members cannot redeem more than 10 of any one unique Reward SKU per year. Points have no cash value and can only be redeemed for Rewards. Tail Activewear may, in its discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash.
Rewards are available with point redemption while supplies last and substitutions by Tail Activewear may occur. You are not required to redeem a Reward during checkout. In the event a Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Tail Activewear customer service at firstname.lastname@example.org.
- Changes, Termination And/Or Removal From Program (United States Only)
Tail Activewear may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Tail Activewear website.
Tail Activewear reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of Tail Activewear may subject members to Membership revocation and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. Tail Activewear reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.
- Limitation of Liability
TAIL ACTIVEWEAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON TAIL ACTIVEWEAR’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM TAIL ACTIVEWEAR AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Tail Activewear and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Tail Activewear or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Tail Activewear is strictly prohibited.
www.tailactivewear.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Tail Activewear and may not be used in connection with any product or service that is not offered by Tail Activewear in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tail Activewear. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- Term Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.tailactivewear.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
www.tailactivewear.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.tailactivewear.com.
- Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.tailactivewear.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
- Participation Disclaimer
www.tailactivewear.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.tailactivewear.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.tailactivewear.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.tailactivewear.com in its sole discretion.
You agree to indemnify, defend, and hold harmless www.tailactivewear.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
- Third-Party Links
In an attempt to provide increased value to our visitors, www.tailactivewear.com may link to sites operated by third parties. However, even if the third party is affiliated with www.tailactivewear.com, www.tailactivewear.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.tailactivewear.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.tailactivewear.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
- Additional Information on the Program
If you have any questions regarding the Program, you may email email@example.com or call 888-906-1341.