Tailgate Tikes Store Policies

Shipping Rates

$5 Flat-Rate Shipping:
Our $5 Flat-Rate Shipping offer applies to all orders of shipped within the 48 contiguous U.S. states (“Tailgate Tikes Flat Rate Shipping”).

This offer does not extend to Alaska, Hawaii, U.S. territories (including American Samoa, Guam, the Northern Mariana Islands, U.S. Military Installations, Puerto Rico, or the U.S. Virgin Islands), or international locations (“Shipping Cost Areas”). Orders shipping to these locations will incur standard shipping charges.

If you are located in a “Shipping Cost Area” and have questions about placing your order, please contact our customer service team for a shipping quote. We are happy to help you find the most cost-effective shipping option.

Delivery Times

• Standard Delivery: $5.00 flat rate shipping 3–8 business days (order by noon EST; allow an extra day for orders placed after 12 PM EST or on weekends)
• Expedited Delivery: For an additional charge, we offer UPS Ground 3-5 business days (order by noon EST; allow an extra day for orders placed after 12 PM EST or on weekends)
• Overnight Delivery: For an additional charge, we offer UPS Next Day Air Saver (order by noon EST; allow an extra day for orders placed after 12 PM EST or on weekends) 
  

Address Verification and Customer Responsibility

During checkout, we may display address suggestions provided by a verified postal database to help ensure accuracy. However, Tailgate Tikes does not automatically populate, change, or edit shipping addresses.

The final shipping address is confirmed by the customer at checkout. It is the customer’s responsibility to review and verify the shipping address before completing the order.

If an error is noticed after order placement, customers must contact Tailgate Tikes within 24 hours of receiving their order confirmation email to request a correction. After this 24-hour period, we cannot guarantee address changes or re-routing through the carrier, as processing and fulfillment may already be underway.

Tailgate Tikes is not responsible for orders shipped to addresses entered incorrectly by the customer.

Lost, Late, or Damaged Packages

We sincerely apologize for any inconvenience caused by a late, lost, or damaged shipment. Your satisfaction is important to us. If you experience an issue, please contact us, and our team will initiate a carrier investigation to help locate or resolve your shipment.  

If your order is marked as delivered by the shipping carrier but you have not received it, you must notify us within 7 days of the delivery date shown in the carrier’s tracking information. Shipping carrier tracking confirmation is considered proof of delivery.

Claims reported after this 7-day window cannot be investigated or refunded, as carriers do not allow claims beyond this timeframe. Orders confirmed as delivered are considered fulfilled and are not eligible for refunds after this period.

Missing Items

If your shipment appears incomplete, it’s possible your order was split based on product availability. Any remaining items will ship as soon as they become available. Your shipment confirmation email will include a list of the items included in each package.

Parcel Forwarding Companies

If you choose to use a parcel forwarding company, Tailgate Tikes is not liable for any damage, defect, or loss that occurs after delivery to the forwarding address. We do not offer replacements or refunds for orders delivered to a forwarding company that are later reported missing or damaged. All orders addressed to parcel forwarding companies are shipped at the customer’s own risk.

Our Commitment

At Tailgate Tikes, we value your trust and work hard to provide a seamless experience from checkout to delivery. Our shipping policies are designed to ensure clarity, accuracy, and peace of mind with every order.

For any questions or further assistance, please contact us  — our team is always happy to help.

Policy Enforcement

This policy applies to all purchases made through TailgateTikes.com and all authorized sales channels operated by Tailgate Tikes LLC, including but not limited to Facebook, Instagram, Google, or other approved platforms.  Requests that fall outside the terms outlined above, including delayed claims, extended timeframes, or delivery disputes reported after stated deadlines, are not eligible for refunds or replacements.

We want you to love your Tailgate Tikes purchase. If something isn’t quite right, we’re happy to help within the guidelines below.

Return Window

You have 30 days from the date your order is delivered to request a return or exchange. To be eligible for a return, items must be unworn and unused, in their original packaging, with all tags attached, and accompanied by a receipt or proof of purchase. Returns requested outside the 30-day window will not be accepted.

How to Start a Return or Exchange

To begin a return or exchange, please visit our Start a Return or Exchange page. Items sent back without an approved return request will not be accepted. If you have questions, you can contact us anytime through our Contact Us page.

Exchanges

If you need a different size or style, we recommend placing a new order after initiating your return. Once your returned item is received and approved, a refund will be issued to your original payment method.

Damaged, Defective, or Incorrect Items

Please inspect your order immediately upon delivery.  If your item arrives damaged, defective, or incorrect, you must contact us within 7 days of delivery through our Contact Us page so we can make it right.  Claims submitted after 7 days cannot be guaranteed resolution.

Lost or Missing Packages

If your order is marked as delivered by the shipping carrier but you have not received it, you must notify us within 7 days of the delivery date shown in the carrier’s tracking information. Shipping carrier tracking confirmation is considered proof of delivery.

Claims reported after this 7-day window cannot be investigated or refunded, as carriers do not allow claims beyond this timeframe. Orders confirmed as delivered are considered fulfilled and are not eligible for refunds after this period.

Non-Returnable Items

The following items are not eligible for return or refund:

• Sale items
• Gift cards

If you are unsure whether an item qualifies for return, please Contact Us before initiating a return.

Refunds

Refunds are only issued for items returned in accordance with the timelines and conditions outlined in this policy.  Once your return is received and inspected, we’ll notify you of the approval status.  Approved refunds are processed within 2 business days to your original payment method.

Please allow additional time for your bank or credit card company to post the refund.

If you haven’t received your refund after 5 business days, please contact us through our Contact Us page.

European Union 14-Day Cooling-Off Period

For orders shipped to the European Union, you have the right to cancel or return your order within 14 days of delivery for any reason.  Returned items must be unworn and unused, in their original packaging, with tags attached, and accompanied by proof of purchase. Refunds will be processed once the return is received and inspected.

Policy Enforcement

This policy applies to all purchases made through TailgateTikes.com and all authorized sales channels operated by Tailgate Tikes LLC, including but not limited to Facebook, Instagram, Google, or other approved platforms.  Requests that fall outside the terms outlined above, including delayed claims, extended timeframes, or delivery disputes reported after stated deadlines, are not eligible for refunds or replacements.

Last updated: July 24, 2024

These Terms of Service and Conditions (“Terms”) contain the terms governing your use of the websites owned by Tailgate Tikes LLC (collectively, “Tailgate Tikes,” “we,” “us” and “our”), including https://www.tailgatetikes.com (collectively, the “Site”).
If these Terms change, we will post the updated Terms on our website. You can tell if these Terms have changed by checking the “updated” date that appears above. If you do not agree to the new Terms, you should stop using the websites. Otherwise, the new Terms will apply. Each time you make a purchase on the Site or via any mobile application we offer, you will be required to agree to the then existing version of these Terms to proceed with your purchase. The Terms operative at the time of any purchase will apply to that purchase.
If you have any questions about these Terms, please contact us as described in the section entitled, “How do I contact you?” below.

NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND TAILGATE TIKES HAVE AGAINST EACH OTHER ARE RESOLVED (SEE “ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS – LEGAL DISPUTES” SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION.

The prices offered on this Site may differ because the Site may choose to offer items at different prices or may run different promotional events at different times. For this reason, prices and promotions (e.g., promotion codes or free shipping) offered on this Site may not always apply (e.g., coupons or additional discounts) may not always apply on this Site, unless otherwise stated.

Price comparisons are made to the Manufacturer’s Suggested Retail Price ("MSRP"). MSRP is an estimate of the price at or above which these items have been offered or sold by retailers in the trade area, which may not include Tailgate Tikes. Actual sales may not have been made at MSRP in all trade areas, and the MSRP price may not represent the average or prevailing market price at any particular time. Given the national scale of our offerings, our products may not be sold at MSRP in all locations. Because the MSRP may vary from retail prices in your area, you may want to make a comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase. Percentage reductions are off of MSRP, except where noted.

Ownership
Tailgate Tikes owns the Site. Tailgate Tikes owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the “Content”), and all HTML, CGI and other code and scripts in any format used to implement the Site (the “Code”). The Content and Code of the Site are protected by copyright. Except as set forth in these Terms, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of Tailgate Tikes. You may not use the Content or Code from the Site for any purpose other than those set forth above. Tailgate Tikes owns or has the right to use all names, logos and trademarks which appear on the Site. You may not use any of these for any purpose without the prior express written permission of Tailgate Tikes. Your failure to comply with in these Terms will constitute breach of contract and will violate Tailgate Tikes or a third party’s copyright, trademark, and other proprietary and industrial property rights.

Unauthorized use of Tailgate Tikes Trademarks or the Trademarks of our Licensors (including colleges, universities, professional sports franchises, etc.) is trademark infringement. Any productions or sale of unauthorized products or services is a violation of the federal Lanham Trademark Act of 1946, the federal Trademark Act of 1984, and state infringement and unfair competition laws, among others. Such violations subject one to liability for damages, injunctive relief, attorney's fees and other penalties, civil and criminal. Infringing merchandise is subject to seizure. Any indica depicted on our officially licensed product line are the trademarks of their respective owners.  

For additional information, please see Copyright and Trademark or reach out to copyright@tailgatetikes.com.

No License
The Site is available only for your personal, non-commercial use, which shall be limited to viewing the Site, providing information to the Site, ordering products, and downloading product information for your personal review. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright, or other proprietary or industrial right of Tailgate Tikes or any third party.

Coupons and Discounts

10% OFF CODE FOR EMAIL SUBSCRIBERS  (Effective October 16, 2023). LIMITED TO ONE USE PER CUSTOMER. Offer valid on online purchases made on or after October 16, 2023. The discount or promotion code must be entered at checkout and is valid for one-time use only. Sales tax, shipping & handling do not qualify for discount. This offer is not redeemable for cash or gift cards, nor is it valid toward previous purchases. Offer may not be combined with any other coupons, discounts, offers, or promotions. Void if altered, copied, transferred, auctioned or sold. Offer valid on in-stock items only. No rain checks issued. Offer not valid for prior purchases. Other restrictions may apply. 

Use of Information Submitted by You
If you respond to Tailgate Tikes with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information will not be deemed confidential. All such submissions will be deemed the property of Tailgate Tikes, and your submission of information will constitute an assignment to Tailgate Tikes of all worldwide rights, titles, and interests in such information. Tailgate Tikes will not be liable for any use or disclosure of such information. Tailgate Tikes will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Tailgate Tikes will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information, without any compensation or attribution to you.
Tailgate Tikes welcomes your comments and suggestions on the Site and on Tailgate Tikes products, but it does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, manufacturing or marketing its products. By submitting information, you warrant that Tailgate Tikes may publish such information, use it as part of its operations, and incorporate its concepts in Tailgate Tikes products without liability.

Users and Accounts
To use certain online services, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (e) notify Tailgate Tikes if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Site. We do not guarantee that the Site will be accessible on any particular equipment or device or with any particular software or service plan.

Secure Payment Processing

We are committed to ensuring the security and confidentiality of your payment information. We use industry-standard security measures and partner with reputable payment service providers to process payments securely. However, you should be aware that no method of online transmission or electronic storage is entirely secure, and we cannot guarantee absolute security.

Payment Information

When you make a payment on the Website, you may be required to provide payment information, including but not limited to credit card details, billing address, and other relevant data. We do not store your payment information on our servers. Your payment details are securely transmitted to and processed by our payment service provider(s) in compliance with Payment Card Industry Data Security Standard (PCI DSS) requirements.

Third-Party Payment Service Providers

We may use third-party payment service providers to facilitate payment processing. These providers have their own terms and conditions and privacy policies, which you should review before making a payment.

Payment Authorization

By making a payment on the Website, you authorize us to charge the designated payment method for the amount specified in your purchase. You also confirm that you have the legal right to use the payment method provided.

Refunds and Cancellations

Refunds and cancellation policies vary depending on the nature of the product or service. Please refer to our Refund and Cancellation Policy, if applicable, for more details.

Disputes

If you believe that there has been an error in processing your payment or if you have any payment-related concerns, please contact our customer support team promptly for resolution.

Changes to Payment Terms

We reserve the right to modify these payment terms at any time without prior notice. Changes will become effective immediately upon posting to the Website.

Responsible Use of Site

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Site or any component of them and to block or prevent future access to and use of the Site and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Site will survive such termination. You may use the Site for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you may not use the Site: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Site; or (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Tailgate Tikes in its sole discretion). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TAILGATE TIKES AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE SITE IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
 
Provision or Suspension/Withdrawal of the Site

You understand and agree that: (a) the Site may change from time to time without notice to you and that any new feature that augments, enhances, or modifies the current Site is subject to these Terms ; (b) we may decline to provide access to the Site or stop (permanently or temporarily) providing the Site (or any feature, program or content within the Site) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the Site, your account details, or any files or other content which are contained in your account.

Mobile Access

If you use a mobile device to access the Site, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site or any related services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional provisions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using any services via a mobile device, you agree to these Terms, and to any applicable terms of a mobile app you may use.

Mobile Terms of Service

The Tailgate Tikes mobile message service (the "Service") is operated by Tailgate Tikes (“Tailgate Tikes”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Tailgate Tikes’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Tailgate Tikes through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Tailgate Tikes. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18333781820 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Tailgate Tikes mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18333781820 or email info@tailgatetikes.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Disclaimers

Tailgate Tikes publishes information on the Site as a convenience to its visitors. Tailgate Tikes product information is provided for informational purposes only. While Tailgate Tikes attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Tailgate Tikes products described in the Site may not be available in your region. Tailgate Tikes does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions.

Visitors assume all responsibility and risk with respect to their use of the Site. To the fullest extent permitted by applicable law, Tailgate Tikes disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. Tailgate Tikes does not warrant that the Site is free of computer viruses, bugs or other harmful components. Tailgate Tikes does not warrant that the functions contained in the material will be interrupted or error-free or that errors will be detected or corrected. Tailgate Tikes does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. Tailgate Tikes does not have any duty to update the Site or modify its Content or Code, and Tailgate Tikes shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it. IN NO EVENT SHALL TAILGATE TIKES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.

Tailgate Tikes reserves the right to withdraw access to the Site and revise the services and products described in the Site at any time without notice.

Entire Agreement/Waiver

These Terms constitute the entire agreement between you and Tailgate Tikes with respect to the use of this Site. The failure of Tailgate Tikes to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Arbitration Agreement – Legal Disputes

Initial Dispute Resolution. We are available by email to address any concerns you may have regarding the Rewarding Moments program. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Please see “How do I contact you?” below for more information on how to reach out to us.

Binding Arbitration Agreement. You and we agree that, except as set forth below, we will resolve any disputes between us (including any disputes between you and a third-party agent ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies or as specifically permitted by state law.

The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

For questions about our privacy policy, to make choices about receiving promotional communications, or to update your personal information you can contact us at privacy@tailgatetikes.com.

 

Last updated: April 30, 2026

The Tailgate Tikes mobile messaging program, including SMS, MMS, and WhatsApp messaging where available, the “Service”, is operated by Tailgate Tikes LLC, “Tailgate Tikes,” “we,” “us,” or “our.” By opting in to or using the Service, you agree to these Mobile Messaging Terms of Service, the “Mobile Terms.”

We may modify or cancel the Service or any of its features at any time. To the extent permitted by applicable law, we may also update these Mobile Terms from time to time. Any changes will be effective when posted, and your continued participation in the Service after the effective date of any changes constitutes your acceptance of those changes.

Consent to Receive Messages

By consenting to receive mobile messages from Tailgate Tikes, you agree to receive recurring marketing and transactional messages from or on behalf of Tailgate Tikes at the mobile number you provided. Messages may be sent by SMS, MMS, WhatsApp, or other mobile messaging channels where available.

Messages may include, but are not limited to, promotions, product launches, restock alerts, cart reminders, order updates, account alerts, customer service messages, and other marketing or informational messages.

Text, MMS, and WhatsApp messages may be sent using automated technology, including an automatic telephone dialing system, artificial or prerecorded messaging technology, or other automated systems. Consent to receive marketing messages is not required as a condition of purchasing any goods or services from Tailgate Tikes.

Voluntary Participation

You understand that participation in the Service is voluntary. You do not have to sign up for mobile marketing messages to make a purchase from Tailgate Tikes, and your consent is not a condition of purchase.

Message Frequency and Charges

Message frequency varies. We do not charge you to participate in the Service, but message and data rates may apply. You are responsible for any charges, fees, or costs imposed by your wireless carrier, internet service provider, or messaging platform provider.

Please contact your wireless carrier or provider for details about your mobile plan, data plan, messaging rates, or other applicable charges.

Cart Reminder Messages

The Service may include cart reminder messages. If you add items to your cart, begin checkout, or otherwise interact with our website, we may send you messages reminding you about your cart or related products, where permitted by law and based on your consent or interaction with us.

How to Opt Out

You may opt out of SMS and MMS messages from Tailgate Tikes at any time by replying STOP to any message or by texting STOP to our current SMS sending number.

After you send STOP, you may receive a one-time confirmation message confirming that you have been unsubscribed. After that, you will no longer receive SMS or MMS messages from that specific mobile messaging program unless you opt in again.

For WhatsApp messages, you may opt out by following the unsubscribe or opt-out instructions provided in the message, replying with an opt-out request where available, using WhatsApp’s available blocking or reporting tools, or contacting us through our Contact Us page.

If you are subscribed to multiple Tailgate Tikes messaging programs, you may need to opt out separately from each program unless otherwise required by applicable law.

Other Revocation Requests

In addition to replying STOP, you may revoke consent or request not to receive mobile messages by contacting us through our Contact Us page.

Help and Support

For help, reply HELP to any SMS or MMS message, text HELP to our current SMS sending number, or contact us through our Contact Us page.

Supported Carriers and Delivery

Wireless carriers and messaging platforms are not liable for delayed, failed, or undelivered messages. Message delivery is subject to effective transmission from your wireless carrier, internet service provider, messaging platform, and other third-party service providers and is not guaranteed.

Your Mobile Number

You agree to provide a valid mobile number that you own or are authorized to use. If your mobile number changes or you no longer own or control the number you used to subscribe, you agree to notify us or opt out before the number is reassigned.

If you get a new mobile number and want to continue receiving messages, you will need to sign up again using your new number.

Changes to Messaging Numbers

We may change the short code, long code, toll-free number, WhatsApp number, or other sending number used to operate the Service at any time. We will provide notice of changes where required or appropriate.

You acknowledge that messages, including STOP or HELP requests, sent to a number we no longer use may not be received, and we may not be able to honor requests sent to inactive or changed numbers.

Privacy

We respect your privacy. For information about how we collect, use, disclose, and protect personal information, please review our Privacy Policy or Privacy Notice.

Limitation of Liability

To the extent permitted by applicable law, Tailgate Tikes will not be liable for any failed, delayed, or misdirected delivery of any message or information sent through the Service, any errors in such information, or any action you take or do not take in reliance on the Service or any message.

Contact Us

For questions about these Mobile Terms or the Service, please contact us here:

Contact Us: https://tailgatetikes.com/pages/contact-us

As described in our Privacy Policy, we collect personal information from your interactions with us and our website, including through cookies and similar technologies. We may also share this personal information with third parties, including advertising partners. We do this in order to show you ads on other websites that are more relevant to your interests and for other reasons outlined in our privacy policy.

Sharing of personal information for targeted advertising based on your interaction on different websites may be considered "sales", "sharing", or "targeted advertising" under certain U.S. state privacy laws. Depending on where you live, you may have the right to opt out of these activities. If you would like to exercise this opt-out right, please follow the instructions below.

If you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will treat this as a request to opt-out of activity that may be considered a “sale” or “sharing” of personal information or other uses that may be considered targeted advertising for the device and browser you used to visit our website.

As described in our Privacy Policy, we collect personal information from your interactions with us and our website, including through cookies and similar technologies. We may also share this personal information with third parties, including advertising partners. We do this in order to show you ads on other websites that are more relevant to your interests and for other reasons outlined in our privacy policy.

Sharing of personal information for targeted advertising based on your interaction on different websites may be considered "sales", "sharing", or "targeted advertising" under certain U.S. state privacy laws. Depending on where you live, you may have the right to opt out of these activities. If you would like to exercise this opt-out right, please follow the instructions below.

If you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will treat this as a request to opt-out of activity that may be considered a “sale” or “sharing” of personal information or other uses that may be considered targeted advertising for the device and browser you used to visit our website. Visit Your Privacy Choices.

The materials available through this website and other websites owned or provided by Tailgate Tikes LLC (Tailgate Tikes) (individually and collectively, the "Website") are the property of Tailgate Tikes or its licensors, and are protected by copyright, trademark and other intellectual property laws. You may view, copy and print pages from the Website only (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices, (2) as a personal shopping resource, (3) for communicating with Tailgate Tikes about a company product or service, or (4) for placing an order with Tailgate Tikes. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Website without the prior written approval of Tailgate Tikes. Tailgate Tikes® is a registered trademark of Tailgate Tikes LLC under United States of America Patent and Trademark Office Registration Number 7,431,821. 

Copyright Notice

Copyright Tailgate Tikes® LLC All Rights Reserved.

Trademarks

All rights, title, and interest in and to the Tailgate Tikes name, logos, and all associated trademarks, designs, and icons are the exclusive property of Tailgate Tikes. These trademarks and logos may not be used, copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified without the prior written consent of Tailgate Tikes. Unauthorized use of any trademarks or logos owned by Tailgate Tikes may violate copyright and trademark laws The names of other companies, products and services are the property of their respective owners.

The terms "Onesie" and "Onesies" are registered trademarks of Gerber Childrenswear LLC. Tailgate Tikes is not affiliated with, endorsed by, or associated with Gerber Childrenswear LLC. Any use of the terms "Onesie" or "Onesies" on this website is intended solely for descriptive purposes to refer to one-piece infant garments and is not intended to imply any affiliation with Gerber Childrenswear or to infringe upon their trademark rights.

Digital Millennium Copyright Act

Tailgate Tikes respects the intellectual property rights of others and is committed to complying with U.S. copyright laws, including the Digital Millennium Copyright Act of 1998 ("DMCA"). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet or other telecommunications networks.

If you believe that Tailgate Tikes has infringed your copyrighted work in a way that does not fall within the applicable DMCA safe harbor provision, please provide notice to copyright@tailgatetikes.com. The notice must include the following information as required by the DMCA (see 17 U.S.C. 512(c)(3)). In addition, the notice should include the basis for your belief that Tailgate Tikes is not merely providing transitory digital communications under 17 U.S.C. 512(a) of the DMCA:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Tailgate Tikes Collegiate Collection items proudly bear the Officially Licensed Collegiate Products hologram label, signifying their official licensing. We’re authorized by the universities and teams we represent to utilize their logos, namesakes, and trademarks. The emblems featured on these products are the registered trademarks of the respective universities and teams associated with Tailgate Tikes.

Every licensed sales we make generates a royalty payment to the respective university to support their student athletes. 

Our Commitment to Transparency and Honesty

At Tailgate Tikes, we are dedicated to upholding the highest standards of transparency and honesty. We believe that trust is the foundation of our relationship with our customers, and we strive to provide clear and accurate information about our products.

Our Promise to You:

• Honest Marketing: We are committed to delivering truthful information about the materials and processes used in our products. Our descriptions focus on the comfort, practicality, and stylish designs of our baby and kids' apparel, ensuring you know exactly what you're purchasing.
• Clear Product Information: We take pride in the quality of our products. While our items are made from soft, hypoallergenic bamboo fabric, we emphasize their comfort and durability without making unverified claims. Please note that our products are not necessarily eco-friendly, and we do not make any claims to that effect.
• Consumer Trust: Building and maintaining your trust is paramount. We strive to be transparent about what our products offer and ensure all communications are straightforward and truthful.
• Quality Assurance: The materials we use undergoes quality checks to ensure it meets our high standards. We aim to provide you with the best possible experience and the highest quality products for your little ones.

We value your support and are always here to answer any questions you may have. Thank you for choosing Tailgate Tikes, where your satisfaction and trust are our top priorities.

Tailgate Tikes LLC is committed to providing accurate and truthful information about our products. We do not make any environmental claims or representations regarding the eco-friendliness of our products unless explicitly stated and substantiated. Any statements about product benefits, including those related to material properties like bamboo, are based on our understanding and available information at the time of writing. We encourage customers to conduct their own research and due diligence. Tailgate Tikes is not liable for any misunderstandings or misinterpretations of product information. For any questions or concerns, please contact our customer service team.

Last updated: October 2025

At Tailgate Tikes, we use Meta’s AI technology to enhance customer conversations, provide helpful product information, and create a seamless shopping experience. This policy explains how AI is used in our Meta chat experiences, what customers can expect, and how we protect your privacy and trust.

Purpose of AI in Business Chats

Our Meta AI assistant helps customers by:

• Providing details about our officially licensed collegiate and sports-inspired bamboo pajamas, onesies, and accessories.
• Answering common questions about product availability, sizing, shipping, and returns.
• Directing customers to helpful pages such as Size Guide, Wash & Care, or Signup for our 10% off discount.
• Offering support for order tracking, restock updates, and promotions.

Human Oversight and Escalation

Our chatbot is designed to provide fast, friendly service, but some conversations are handled by our human support team. The AI may assist with returns, order status, and general questions — however, high-risk or sensitive topics such as complaints, licensing inquiries, or media requests are escalated to a team member.

For these matters, please Contact Us.

Accuracy and Transparency

The AI strives to provide accurate and up-to-date information about Tailgate Tikes products and policies. As details such as shipping timelines, restocks, or promotions may change, we encourage customers to verify key information on our official website: www.tailgatetikes.com.

If unsure, the AI will recommend checking official pages or contacting our customer service team.

Data Use and Privacy

All interactions with our AI are subject to Meta’s Business Chats using AI from Meta policies and Tailgate Tikes’ own privacy standards. We do not sell or share personal information collected during AI chats. Any data collected is used only to improve your shopping experience and ensure accurate order support. To provide quality service, we may use AI from Meta to generate chat responses for our customers. Your use of AI from Meta is subject to Meta’s AI Terms and Privacy Policy. Your feedback and messages may be used to improve AI at Meta.

For more about business chats using AI from Meta visit Business Chats Using AI From Meta.

Customer Choice

You can always choose to speak directly with a Tailgate Tikes team member instead of interacting with our AI assistant. To do so, simply request “human support” during your chat or Contact Us.

Continuous Improvement

We regularly review AI responses to ensure they reflect Tailgate Tikes’ friendly, accurate, and family-focused brand voice while staying aligned with Meta’s evolving AI policies. Updates to this policy will be reflected here as changes occur.

At Tailgate Tikes, product safety is a top priority. Our children’s apparel and accessories are produced with care and are intended to meet applicable U.S. product safety requirements, including applicable Consumer Product Safety Commission (CPSC) and Consumer Product Safety Improvement Act (CPSIA) standards.

Where required, our children’s products are tested by independent and CPSC approved third-party laboratories and supported by Children’s Product Certificates based on applicable safety rules. Children’s products subject to CPSC-enforced safety rules generally require third-party testing and certification.

Tailgate Tikes products are designed with materials and components selected for children’s use, with consideration for applicable U.S. children’s product safety requirements based on each product’s materials, components, and intended age range.

Because product requirements may vary by item type, material, component, and intended age range, compliance documentation may differ by product. If you have a question about a specific product, please contact us through our Contact Us page.

Tailgate Tikes LLC

Wholesale Terms and Conditions of Sale

Effective Date: January 1, 2025

IMPORTANT SCOPE NOTICE – WHOLESALE ONLY

These Wholesale Terms and Conditions of Sale (“Wholesale Terms”) apply exclusively to wholesale buyers purchasing products from Tailgate Tikes LLC (“Seller”) for resale (“Buyer”).

These Wholesale Terms do not apply to retail, direct-to-consumer purchases made on tailgatetikes.com or through Seller-operated consumer sales channels.

Direct-to-consumer customers are governed solely by Seller’s Terms of Service, available at: ttps://tailgatetikes.com/pages/store-policies

By submitting a wholesale purchase order, accepting delivery, or paying an invoice, Buyer agrees to be bound by these Wholesale Terms.

1. Definitions

Seller means Tailgate Tikes LLC.
Buyer means the wholesale purchaser acquiring products for resale.
Products means all goods sold by Seller to Buyer under invoice or purchase order.
Invoice means Seller’s issued invoice governing pricing, quantities, and shipment.

2. Pricing; Title; Risk of Loss

Prices are as stated on Seller’s invoice.
All sales are F.O.B. Seller’s facility or shipping point unless otherwise agreed to in writing.
Risk of loss transfers to Buyer upon tender to the carrier.
Title to Products remains with Seller until full payment is received.

3. Payment Terms

Standard payment terms are Net 30 from invoice date unless otherwise agreed in writing.
Partial shipments are invoiced and payable pro-rata.
No deductions, offsets, or chargebacks are permitted without Seller’s prior written approval.
Past-due balances accrue interest at 1.5% per month, compounded monthly.
Buyer is responsible for all reasonable collection costs, including attorneys’ fees.

4. Delivery; Storage

If Buyer delays acceptance of shipment beyond seven (7) days of the scheduled ship date, Seller may invoice on the original ship date.
Seller may store Products at Buyer’s expense until shipment is completed.

5. Inspection; Returns; Claims

Buyer must inspect all Products immediately upon receipt.

Defective, damaged, or incorrect Products must be reported within seven (7) calendar days of delivery. Claims must include photographs and a written description. Failure to report within this period constitutes acceptance.

All returns require prior written authorization and an RMA number. Unauthorized returns will not be accepted.

Buyer is responsible for return shipping costs unless Seller confirms a defect or Seller error. Returned Products must be unused, unwashed, in original packaging, with tags intact.

Approved non-defective returns may be subject to a fifteen percent (15%) restocking fee. Shipping charges are non-refundable. All Final Sale items are non-returnable.

6. Limited Warranty; Disclaimer

Seller warrants that Products, at the time they leave Seller’s facility, are free from defects in material and workmanship.

Except as expressly stated above, Seller disclaims all warranties, including any implied warranties of merchantability or fitness for a particular purpose.

7. Exclusive Remedy; Limitation of Liability

Buyer’s sole and exclusive remedy for defective Products shall be, at Seller’s option, replacement of the defective Product or refund of the purchase price upon return of the Product to Seller.

Seller shall not be liable for defects caused by misuse, mishandling, alteration, or acts or omissions of Buyer or Buyer’s customers.

In no event shall Seller be liable for incidental, consequential, or special damages, including lost profits.

Seller’s maximum liability shall not exceed the invoice value of the affected Products.

8. Trademarks and Branding

Each party retains ownership of its respective trademarks and intellectual property.

Buyer receives no license beyond resale of Products as delivered and may not alter, repackage, or co-brand Products without Seller’s prior written consent.

Buyer must obtain Seller’s written approval before listing Products on any Buyer-operated website. Seller reserves the right to review and approve branding, imagery, and product descriptions.

9. Indemnification

Buyer shall indemnify, defend, and hold Seller harmless from any claims, damages, losses, or expenses arising from Buyer’s resale activities, marketing, representations, or failure to comply with applicable laws, provided Seller has complied with these Wholesale Terms.

10. Independent Contractor

Nothing in these Wholesale Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

11. Slotting, Stocking, and Placement Fees

Any slotting, stocking, or placement fees must be agreed to in writing.

If Seller provides any such consideration, Buyer agrees to maintain Product placement for a minimum of twelve (12) months from first sale. Early discontinuation requires full reimbursement to Seller of any fees, credits, or goods provided.

12. Force Majeure

Neither party shall be liable for failure or delay in performance due to events beyond reasonable control, including acts of God, labor disputes, war, governmental actions, or transportation disruptions.

13. Assignment

Neither party may assign its rights or obligations under these Wholesale Terms without prior written consent of the other party.

14. Governing Law; Venue

These Wholesale Terms are governed by the laws of the State of Texas.

Any dispute arising under these Wholesale Terms shall be brought exclusively in state or federal courts located in Texas, and the parties consent to such jurisdiction.

15. Entire Agreement; Amendments

These Wholesale Terms constitute the entire agreement between the parties unless superseded by a written master agreement executed by authorized representatives of both parties.

Any amendment must be in writing and signed by both parties.

16. Severability; Waiver

If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

Any waiver must be in writing and shall not constitute a continuing waiver.

17. Acceptance

Acceptance of Products, payment of invoices, or submission of purchase orders constitutes acceptance of these Wholesale Terms in their entirety.