Store Policies

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PRIVACY POLICY

This privacy policy describes the personal information that Tailgate Tikes LLC, Inc., and our subsidiaries and brands, which include Tailgate Tikes LLC (collectively, “Tailgate Tikes LLC,” “we,” “us,” and “our”) collect about you, why we collect it, how we use it, and when we let others use it. Our privacy policy also describes the choices you can make about how we collect and use your personal information.

This privacy policy covers our online experiences, including our websites and mobile apps.

If you have any questions about our privacy policy, please contact us at privacy@tailgatetikes.com

Personal Information We Collect

We collect personal information when you engage with us. Personal information is any piece of information that can identify you. Some personal information may identify you directly, such as your name or identification number. Some information may only identify you when combined with other information about you, such as your date of birth and the name of the street you live on. The exact type of personal information we collect will depend on how you interact with us. For instance, we collect payment information when you buy our products and your contact information when you sign up for our rewards program or ask us to ship a purchase to you.

Personal Information Collected Directly from You

We collect personal information directly from you any time you choose to give us your personal information. For example, we collect personal information directly from you when you:

  • Create a new account
  • Pay for a purchase;
  • Share a photo or a review with us;
  • Participate in one of our contests or promotions;
  • Contact us by email or through our customer service or consumer affairs hotlines; or
  • Decide to send us your personal information whether we request it or not.

Personal Information We Collect Automatically

We collect some personal information automatically based on your interaction with us, our products, websites, and apps. Personal information collected automatically includes certain information related to your transactions and purchases, your device details and other information from our use of cookies and tracking technologies. For example, we collect personal information about you automatically when you:

  • Make or return a purchase, including information about the transaction, such as product details, purchase price, and date and location of the transaction;
  • Access and use our websites and apps, including information about the type of browser used, access times, pages viewed, and IP address;
  • Use a computer or mobile device to access our websites and apps
  •  Wi-Fi, including information about the hardware model, operating system and version, unique device identifiers, and mobile network information; or

Personal Information We Get from Others

We may get personal information about you from other sources, including our mailing list providers; payment processors; mailing and shipping vendors; data enhancement and data analytics vendors; marketing and advertising vendors and partnerships; businesses we partner with for promotions and contests; and information you make publicly available elsewhere, such as through social media.

How We Collect and Use Personal Information

In the past year, Tailgate Tikes LLC has collected the types of personal information identified in the chart below. The chart also gives you details about how we use this personal information and how we might allow others to use it.

All personal information we collect about you may be used by and disclosed to our subsidiaries and brands. We also disclose your personal information to our service providers and vendors, including those who collect, manage, and analyze our customer information and perform services for us, such as sending promotional communications and conducting contests and surveys. We may combine personal information with details about you that we acquire from your activities in use of our websites and apps, or information we receive from others, such as our marketing and advertising partners and vendors.

Personal Information

How and Why We Use Personal Information

How and Why We Disclose Personal Information

Identifiers and Non-Public Personal Information

Examples:

•    Full name
•    Contact details (email address, mailing address, phone number)
•    Tailgate Tikes LLC account details
•    Credit or debit card
•    Customer records
•    Device identifier
•    IP address

Commercial Information

Examples:

•    Records of products purchased or considered
•    Information about returns or recalls
•    Products on your Wish List

Inferences and Customer Profiles

Examples:

•    Information about your preferences and household characteristics
•    Information about your buying behaviors or tendencies 

Internet Activity Information

Examples:

•    Browsing and search history on our websites and apps
•    Information about how you interact with our websites, apps, and ads
 

Process and fulfill your orders, including confirming your order and providing shipping details

Communicate with you and send you information about our products, services, contests, and promotions, unless you have asked us not to contact you with promotional communications

Help us better understand your shopping needs and preferences and provide consistent, personalized services and experiences across our brands

Enhance your shopping experience, including by tailoring our content or personalizing our websites, apps, and other services

Administer and fulfill our sweepstakes, contests, and other promotions

Provide, evaluate, maintain, and improve our products and services, including analysis of trends and statistics

Help us address problems with our products and services and improve the design of our products, websites, apps, and other services

Protect the security or integrity of our websites, apps, and our business, including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activity 

Service providers that assist with our business operations, including through processing payments and making sure you receive your purchases, assisting with our customer service, and maintaining the security and stability of our website, apps, and internal networks.

 

Advertising and marketing partners that support the growth of our business through placing ads, including through targeted advertising when we are permitted to share personal information, and by analyzing our advertising and marketing efforts to provide feedback to us

Geolocation Data

Examples:

•    Approximate location inferred from IP address or interaction with geotargeted ads
•    Precise location if device location tracking is enabled (see additional details under “Sensitive Personal Information” in the last row of this chart)
 

Enhance your shopping experience, including by tailoring our content or personalizing our websites, apps, and other services


Provide, evaluate, maintain, and improve our products and services, including analysis of trends and statistics


Protect the security or integrity of our websites, apps,, and our business, including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activity

Service providers that assist with our business operations, including through analyzing our product and service offerings and maintaining the security and stability of our website, apps, and internal networks

Advertising and marketing partners that support the growth of our business through placing ads, including through targeted advertising when we are permitted to share personal information, and by analyzing our advertising and marketing efforts to provide feedback to us

Audio and Visual Information

Examples:

•    Recorded customer service calls and chats
•    Photos you give us
 

Assist you with your order, including to provide customer service to you, and provide consistent services and experiences across our brands


Administer and fulfill our sweepstakes, contests, and other promotions

Help us evaluate, improve, and address problems with our products and services and improve the design of our products, websites, apps, and other services

Protect the security or integrity of our website or apps, including by protecting against, detecting, or investigating fraudulent or illegal activity

Service providers that assist with our business operations, including through providing network security, offering customer service support and training, and maintaining the security and stability of our website, apps, and internal networks

Businesses we partner with for promotions and contests may get photos or other information you submit in connection with the promotion or contests, and we provide additional details when you enter about the specific disclosures when you enter any contest or promotion

Legally Protected Characteristics

We may collect the following if you choose to provide them:

•    Gender

•    Age

Enhance your shopping experience, including by tailoring our content or personalizing our websites, apps, and other services


Administer and fulfill our sweepstakes, contests, and other promotions



Service providers that assist with our business operations


Advertising and marketing partners that support the growth of our business through placing ads, including through offering annual birthday discounts and other benefits

Sensitive Personal Information

We may collect the following if you choose to provide them:

•    Precise location
•    Social Security Number

Sensitive personal information is only used for legally permitted purposes. 

 

Service providers that assist with our business operations


Advertising and marketing partners that support the growth of our business through placing ads, including through offering certain location-based discounts 

 

In addition to the uses and disclosures of personal information described in the chart above, we may use and disclose any personal information as reasonably necessary to comply with law and legal requirements, cooperate with and respond to law enforcement requests, or as otherwise required by applicable law, court order, or governmental regulations. We also use personal information we collect as necessary to maintain appropriate records for internal administrative purposes, to protect our rights and interests or those of others, to resolve any disputes, to enforce our policies, or to prevent harm. Any personal information we collect may be provided to our professional advisors, including accountants, auditors, consultants, and lawyers, when reasonably necessary for our professional advisors to perform services for us and give us appropriate advice. Any and all personal information we collect may be given to another company in the unlikely event of a sale, merger, or other acquisition of some or all of our assets or business or as part of the negotiation or evaluation of such sale, merger, or other acquisition.

Our Use of Cookies and Other Tracking Technologies

Our websites and apps use cookies, tracking pixels, web beacons, and other tracking technologies to enhance your shopping experience. As an example, we use these technologies to show you ads for products that we think are relevant to you on our websites and apps and on other websites you might visit. We also use these technologies to develop your customer record or profile, measure your interest in certain Tailgate Tikes LLC products, personalize our content, and detect your demographics, location, or device.
The information captured by these technologies helps us to give you personalized shopping experiences, show you relevant products, and better understand your shopping needs and preferences. These technologies may be used, for example, to collect “click-stream data,” which includes information about your visits to our websites, including what you view, the features you use, the links you click, and other actions you take on our websites and apps and how you interact with our online ads. Tracking pixels in our emails may be used to track your interactions with those messages, such as when you receive the email, whether you read the email, or when you click any link in an email from us.

We use third-party web analytics services to help us understand and analyze how visitors use our websites and apps and to show Tailgate Tikes LLC ads across the internet. We have, for example, implemented Google Analytics Advertising features such as dynamic remarketing, interest-based advertising, audience targeting, behavioral reporting, demographics and interests reporting, user segment analysis, device reporting, display advertising, and video ads reporting. For more information on how Google Analytics uses data, visit www.google.com/policies/privacy/partners/. To opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout. Additional information about our use of targeted advertising is provided below in “Opting Out of Targeted Advertising.”
You may be able to use your web browser settings or browser extensions to reject cookies and other tracking technologies or to notify you when a website tries to use these, giving you the opportunity to reject them. If you do not accept certain cookies, our websites and apps may not function correctly and you may not be able to make purchases or use your Tailgate Tikes LLC account.
More detailed information about how we use cookies and tracking technologies is available in our Cookie Policy.

Your Privacy Rights and Other Choices and How to Exercise Them

Correcting Personal Information

You can review and change most personal information in your Tailgate Tikes LLC account at any time. You can also ask us to update your personal information by sending us an email at privacy@tailgatetikes.com.  Please note that in general our processing of your request to update your personal information may take up to 10 days for your email request and several weeks to manually process if you send us your request by postal mail. 

Opting Out of Targeted Advertising

Targeted advertising is a kind of advertising that shows you ads likely to be of interest to you. Targeted advertising might show you ads that reflect your interests based on, for example, your past purchases, your browsing behavior, or characteristics associated with you or your demographics. Even if you opt out of targeted advertising, you will still see online ads, but the ads you see are less likely to be relevant to your interests.

Some cookies and tracking technologies let us show you ads for our products on other websites or apps based on products you like or buy or how you interact with our websites or apps. Sometimes we do this through using Tailgate Tikes LLC own cookies and tracking technologies.

We also work with vendors who use their own cookies and tracking technologies on our websites and apps in order to provide personalized ads on our behalf. These companies may collect information about your activity on our websites and apps and your interaction with our ads or communications. They can then use this information to determine which ads you are shown on other websites and apps. For more information about this practice and to understand your options, including how to opt out of receiving targeted ads, you may visit http://www.aboutads.info (an unaffiliated informational site) for more information.

Opting Out of Marketing Communications

We want to communicate with you only when you want to hear from us. You always have the choice not to receive our marketing communications. If you prefer not to receive marketing communications, such as information about our special offers, discounts, and sales events, you can contact us using any of the options provided in the “Contact Tailgate Tikes LLC” section at the end of this privacy policy.

If you contact us, please include your full name and any email, postal address, or telephone number you want us to remove from our marketing communications list. We will keep this information in our “do not contact” file to ensure that we do not send you marketing communications unless you opt in to them again. It can take us up to 10 days to process email requests and several weeks to manually process requests received by postal mail. While we are processing your request, you may continue to receive marketing communications from us.

If you change your mind, you can start receiving marketing communications from us again by logging into your Tailgate Tikes LLC account, selecting “Settings,” and changing your contact preferences; by signing up when you visit our websites or apps; when you enter a contest or other promotion; or by contacting customer service.

When you opt out of marketing communications, we will still contact you by email when you make an online purchase from us to confirm your order status and shipment. At times we also may need to contact you by phone, email, or postal mail with questions or additional information regarding your order.

Other Privacy Rights and Requests

The laws in some states, countries, and regions – including those in California and Virginia as well as the European Economic Area and the United Kingdom – may give you specific additional rights related to your personal information. Depending on your location or residency, you may have the right to ask that we do one or more of the following:

  •  Give you more information about our use of your personal information;
    •    Let you access the specific personal information we have about you;
    •    Transfer a copy of your personal information to you or someone else you select;
    •    Delete all or some of your personal information;
    •    Limit or restrict our use of your personal information;
    •    Allow you to object to, opt out of, or withdraw your consent to our use of your personal information; or
    •    Give you information about and object to our reasons for processing personal information.

You, or someone you authorize, can submit privacy rights requests by sending us an email at privacy@tailgatetikes.com.Tailgate Tikes LLC will not discriminate against you for exercising your lawful privacy rights.

Privacy rights requests are generally subject to an identity verification process. Tailgate Tikes LLC verifies identity by matching information you provide in your request with data Tailgate Tikes LLC has in its systems. We may ask you for specific information to help us confirm your identity prior to processing your request. Please follow any instructions provided and promptly respond to any follow-up inquiries so that we may confirm your identity and respond to your request. If you ask that we give you specific pieces of personal information or that we delete or correct certain types of personal information, we may apply heightened verification standards, which require additional proof of your identity.

Only you, or someone you authorize to act for you, may make a request related to your personal information. If you designate an authorized agent to make a request for you, you may still need to verify your identity directly with us before your request can be processed.

Please note we are not required to comply with your privacy rights requests to the extent that doing so would violate our or any other person’s rights or conflict with applicable law. Tailgate Tikes LLC may be permitted to deny your privacy rights request for other reasons in accordance with applicable law. If we refuse your privacy rights request, we will tell you why, unless we are not legally permitted to do so.

If you have questions about how we use personal information or want to submit a complaint or appeal our decisions, you may send us an email at privacy@tailgatetikes.com.  We will do our best to address and resolve your questions or concerns. You also may submit a complaint to your local privacy or data protection regulator.

Children’s Personal Information

While Tailgate Tikes LLC clothing and retail products are intended for use by children, our online experiences are intended for people over the age of 16. When you create a Tailgate Tikes LLC account, you may choose to provide information about the children you shop for. This information is completely optional and may be deleted at any time by contacting privacy@tailgatetikes.com. When you provide this information, you will be asked to verify that you are the parent or legal guardian of any child whose personal information you give us. If you are not the parent or legal guardian, do not give us any child’s personal information without the explicit permission of the child’s parent or legal guardian.

We do not knowingly request personal information directly from anyone under the age of 16.  

Social Media, Reviewing Our Products, and Giving Us Your Opinion

You can interact with Tailgate Tikes LLC on social media by, for example, liking or following us or tagging us in one of your posts. Any information you make available through our social media presence may be publicly displayed by us, and the social media platform may receive information about you and your interaction with Tailgate Tikes LLC and our websites, apps, products, and other services. We also may have access to information about you from the social media platform and may be able to track when you interact with us, including when you like one of our posts, follow or tag Tailgate Tikes LLC, or share our content through Facebook, Instagram, Pinterest, or other social media.

Please note that if you mention Tailgate Tikes LLC, tag us, or comment about or in response to us in your post on social media, we may be allowed to use your post, including by publishing it on our social media, websites, and apps. You should review the terms, policies, and settings of your social media accounts to learn more about their data practices and adjust your settings accordingly.

When you choose to share your content, such as pictures, videos, and product reviews, with us directly on our websites or apps, or through email, mail, or other communications, you are bound by our “User-Generated Content Terms and Conditions.” We encourage you to review these terms whenever you share content with us. If you do not wish to be bound by the terms or want us to receive personal information about you that is contained in your content, you should not share content with us.

Any content you share with us on our websites or apps or on social media may be seen by anyone, and we may not be able to prevent your shared content from being used in a manner that violates our policies, the law, or your personal privacy. For instance, your content may get republished or archived by search engines, and we cannot control this. We also may revise the content you share with us, delete it, or combine it with other information we have collected about you to better understand why you shop at Tailgate Tikes LLC. We may choose to disclose your reviews, including your name, on our websites, apps, or social media or with our affiliates, brands, business partners, and our vendors.

If you want Tailgate Tikes LLC to remove any content from our websites, apps, or other location we control, you may send us an email at privacy@tailgatetikes.com.

Security and Your Personal Information

We aim to provide you with a safe and convenient shopping experience online. We have in place industry-standard physical, technical, contractual, and operational safeguards to help protect the security and privacy of your personal information. Nevertheless, no data security measures can guarantee complete security. We encourage you to safeguard your passwords and other account information.

When you give us personal information through our websites or apps, we use encryption technology to protect your personal information as it is transmitted to us. If for any reason you cannot access our secure server, or if you are not comfortable shopping online using our websites or apps.

How Long Do We Keep Personal Information

In general, we aim to keep your personal information for no longer than is necessary to achieve the purposes for which the personal information was collected, or as may otherwise be permitted or required under applicable law. To determine the appropriate retention period, we will consider the amount and sensitivity of the personal information; the potential risk of harm from unauthorized access to, use, or disclosure of the personal information; the purposes for which we process the personal information; whether we can achieve our purposes through other means; our business needs; your expectations; and applicable legal requirements. The following information explains additional considerations we have when determining how long to keep personal information for typical uses.

  • We collect information about you when you download and use our apps. Some of this information will depend on how you use our apps and what settings you enable. In addition to the personal information identified in the “How We Collect and Use Personal Information” section above, our app collects.
  • If you use any of our mobile apps, and you agree to share your location information with us, we will be able to use your location information to send you customized notices, offers, and coupons. If you choose to receive notifications from us, we will be able to present you with offers, notices, and updates on your mobile device. You can opt out of notifications or of sharing your location information by adjusting the settings on your mobile device. Please note that changing your settings may affect your ability to access or use certain features of our apps.
  • Transactional Information:  We keep personal information, including your identifiers and non-public personal information, commercial information, and audio information from recorded customer service calls, for as long as necessary to provide you with the products you buy, to respond to your questions about products you have purchased from us, to allow you to return products, to be able to give you recall details, to complete any contest or promotion you may have entered, and as needed to administer your account (when you choose to participate in our rewards program) or other Tailgate Tikes LLC services you choose to participate in.
  • Marketing Communications Information:  We keep personal information, including your identifiers such as full name and contact details, to provide you with marketing communications as long as we have permission to send such communications to you.
  • Personalization Information:  We keep personal information, including certain identifiers and non-public personal information, commercial information, inferences and customer profiles, internet activity information, geolocation data, audio and visual information, and legally protected characteristics, as needed to enhance and analyze our data and be able to better personalize our products in online experiences.
  • Security and Integrity Information:  We keep personal information, including identifiers and non-public personal information, commercial information, internet activity information, geolocation data, audio and visual information, legally protected characteristics, and sensitive personal information, as long as necessary to administer our rewards program and other services you participate in; to protect our websites, and apps from fraudulent, malicious, deceptive, or illegal activity; to help us evaluate and improve our products, websites, apps, and other services; and to ensure the integrity of personal information throughout our business.
  • Legal and Compliance:  We may keep any personal information for as long as we reasonably need the personal information to comply with law and legal requirements, cooperate with and respond to law enforcement requests or court orders, to maintain appropriate records for internal administrative purposes, to protect our rights and interests or those of others, to resolve any disputes, to enforce our policies, or to prevent harm.
  • Unless otherwise required by applicable law, when we no longer reasonably need personal information for the purposes for which you gave it to us, we will either securely destroy your personal information or aggregate, de-identify, or anonymize your personal information, so that it is no longer considered to be personal information and cannot reasonably identify you.

WhatsApp Business Messaging Policy

By contacting us on WhatsApp you are Opting-In to receive message from Tailgate Tikes LLC over WhatsApp.

Additional U.S. State Privacy Rights

The information in this section supplements all other information provided to you in this privacy policy and addresses specific rights you may have under U.S. state privacy laws, including those in California and Virginia.
Opting Out of the Sale or Sharing of Personal Information

Some of the ways in which we share personal information with our advertising and marketing partners for targeted advertising or disclose it to other companies for their commercial purposes or for our benefit may give you a right to opt out of our use of your personal information for these purposes. For example, Tailgate Tikes LLC may share personal information with our advertising and marketing partners for targeted advertising purposes as described in the “How We Collect and Use Personal Information” section above. Targeted advertising helps Tailgate Tikes LLC connect you with the products most likely to be of interest to you. If you reside in California or Virginia, you have the right to opt out of the sale of personal information and our sharing of personal information for targeted advertising. If you wish to opt out, you may submit an opt-out request by clicking here, by contacting us by email at privacy@tailgatetikes.com.

You may use a Global Privacy Control browser signal or other recognized opt-out preference signal, allowing you to opt out of the online sharing of personal information that Tailgate Tikes LLC collects for its own uses to the extent feasible. Please note that this signal will need to be activated through the appropriate settings for each browser you use to access our websites or apps.

California Right to Know
California residents have the specific right to ask us to tell you the following information about our use of your personal information:
•    Categories of personal information we collect and our purposes for doing so;
•    Categories of sources from which we collect personal information and why;
•    Categories of recipients to whom we disclose personal information and why, including a list of categories of personal information disclosed for a business purpose and a list of categories of personal information sold or shared for targeted advertising purposes; or
•    The specific pieces of your personal information we have collected.

California Notice of Financial Incentive Offers
From time to time, we offer coupons, specials, or other discounts to people who have chosen to receive promotional communications from us by giving us their personal information, such as an email address or a phone number. From time to time, we also offer people the opportunity to enter contests by sharing certain personal information with us or our contest partners. Each contest is governed by its own terms, and the specific financial incentive offered will be detailed in those terms at the time of entry.

When we offer coupons, specials, or other discounts that may be deemed a financial incentive, the offer will include an explanation of its material terms. The nature and value of any such offer or financial incentive may differ depending on the benefit provided and what information we collect. Most financial incentives we offer will involve one or more of the following categories of personal information – identifiers and non-public personal information (for example, your name and contact information), commercial information (for example, information about a purchase), internet activity information (for example, how you interact with our ads or content), audio and visual information (for example, pictures or videos), and demographics (for example, your age group, approximate household income, or gender).

Our financial incentive offers may be personalized to you in particular or to a group of people. Each financial incentive offer that requires your personal information is based upon our reasonable determination of the estimated value of your personal information, which takes into consideration various factors, including our estimates of the revenue that might be generated from the personal information, the anticipated expenses that might be incurred by using the personal information, and other factors related to the estimated value of your personal information to Tailgate Tikes LLC. For this reason, the value of your personal information will depend on the specific financial incentive we offer.

California’s Shine the Light Law

California residents may ask Tailgate Tikes LLC to provide them with (i) a list of certain categories of personal information that we have disclosed to other parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those other parties. California residents may make one such request per calendar year.

To make a Shine the Light request, you may contact Tailgate Tikes LLC by email at privacy@tailgatetikes.com.  In your request, please state that you are a California resident and provide a current California mailing address for our response. Tailgate Tikes LLC reserves its right not to respond to such requests submitted to addresses other than those specified in this paragraph.

Please note that your California’s Shine the Light law rights are distinct from your rights under California privacy law and must be exercised separately.

Notice to Our International Visitors

Tailgate Tikes LLC operates and is based in the United States. If you are using our websites or apps outside the United States, please be aware that information we obtain about you may be transferred to and processed in the United States or other jurisdictions outside your own. By continuing to use our websites and apps and providing your personal information, you acknowledge that your personal information may be transferred to and processed in jurisdictions other than your own. Please be aware that the data protection laws and regulations that may apply to your personal information transferred to the United States or other countries may be different from the laws in your home country.

Visitors from the European Economic Area and United Kingdom
Tailgate Tikes LLC does not operate physical stores in the European Economic Area or United Kingdom. Tailgate Tikes LLC recognizes the privacy rights of people from the European Economic Area and United Kingdom who use our U.S. websites and apps. In addition to the information we provide you throughout this privacy policy, we have the following information for you.

Tailgate Tikes LLC, Inc. is the data controller for personal information we receive through our websites and apps. Our Data Protection Officer can be contacted at privacy@tailgatetikes.com. If you are not satisfied with how we manage your personal information, you may submit a complaint to your local data protection authority.

Tailgate Tikes LLC relies on the following legal bases for processing the personal information of people from the European Economic Area and United Kingdom.
•    Contractual Necessity – Processing personal information is necessary to get you the products you buy and ensure they are satisfactory. When you buy products from us, we require certain pieces of personal information to be able to get the product to you, including your name, contact details, and payment information.
•    Our Legitimate Interests – We process personal information to achieve our legitimate interests of providing, improving, and personalizing the experiences of users of our websites, apps, products, and other services. We also process personal information to help ensure the security and integrity of our websites, apps, and network. When we rely on our legitimate interests, we take into account the effects that these actions might have on you. If you have questions about our decisions regarding our legitimate interests, you may contact us.
•    Our Legal Obligations – We may be required to process personal information to meet our legal or regulatory obligations.
•    Your Consent – We may ask for your consent for certain personal information processing. For example, we may rely on consent to use non-essential cookies, to provide you with marketing communications, or if we need to collect sensitive personal information from you. When you consent, you may withdraw your consent at any time by contacting us by email at privacy@tailgatetikes.com.

Do Not Sell or Share My Personal Information

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.

To opt out of the “sale” or “sharing” of your personal information collected using cookies and other device-based identifiers as described above, you must be browsing from one of the applicable US states referred to above.

Your rights under the California Consumer Privacy Act

The California Consumer Privacy Act (CCPA) provides you with rights regarding how your data or personal information is treated. Under the legislation, California residents can choose to opt out of the “sale” of their personal information to third parties. Based on the CCPA definition, “sale” refers to data collection for the purpose of creating advertising and other communications. Learn more about CCPA and your privacy rights.

To be eligible to opt-out, you must be browsing from a CCPA region (CA/CT/UT/VA).

Privacy Policy Updates

If our privacy practices change, we will post an updated privacy policy. This privacy policy will show you the last updated date at the top of the privacy policy. If you do not agree with our privacy practices now or following any future update, you may choose how to engage with Tailgate Tikes LLC to minimize your concerns, including by limiting personal information you give to us.

Contact Tailgate Tikes LLC

For questions about our privacy policy you can email us at privacy@tailgatetikes.com

DO NOT SELL MY PERSONAL INFORMATION

TERMS OF SERVICE

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 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.

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.

SHIPPING POLICY

Please note that our Free Standard 3-8 Day Ground Economy Shipping offer for is valid for orders shipped within the 48 contiguous states of the United States. Unfortunately, this offer does not extend to Alaska, Hawaii, and and all other offshore insular areas, such as American Samoa, Guam, the Northern Mariana Islands, United States Military Installations, Puerto Rico, and the U.S. Virgin Islands, and International (hereinafter "Shipping Cost Area"). Shipping charges will apply to orders being shipped to these locations.  We apologize for any inconvenience this may cause. If you reside in a "Shipping Cost Area" and have any questions on placing your order, please contact our customer service team for a shipping quote. We will be more than happy to assist you in arranging the shipment and provide you with the most cost-effective options available.

Standard Delivery Time:  3-8 Days

Expedited Delivery Time: 3 business days (Order by noon EST, allow extra day for orders placed on weekends or after 12pm EST Monday - Friday)

Overnight Delivery Time:  Next business day (Order by noon EST, allow extra day for orders placed on weekends or after 12 pm EST Monday-Friday)

For late, lost, or items damaged in transit we sincerely apologize for any inconvenience this may have caused.

We do everything we can to ensure your experience at Tailgate Tikes makes your life just a little easier, and your satisfaction is important to us. Please contact us at info@tailgatetikes.com for inquiries on your shipment, and we can initiate a thorough search of your shipment with the transit company.
For missing items it is possible your shipment was split based on product availability, and that the missing items will be shipped when they become available. Your shipment confirmation will include a list of all products included in your shipment. 

Parcel Forwarding Companies If you choose to use a parcel forwarding company, we will not be liable for any damage, defect, or loss that occurs. We will not offer replacements or refunds for orders or items that are reported missing or damaged that we reasonably believe to have been delivered to a parcel forwarding company. Any order addressed to a parcel forwarding company is placed at your own risk. Tailgate Tikes is not responsible for lost or stolen packages.

RETURNS AND REFUND POLICY

We have a 30-day return policy, which means you have 30 days after receiving your item to request a return.

To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.  To start a return, you can contact us at info@tailgatetikes.com

If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.  You can always contact us for any return question at info@tailgatetikes.com.

Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

Exceptions / non-returnable items
Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items), and personal care goods (such as beauty products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item.  Unfortunately, we cannot accept returns on sale items or gift cards.

Exchanges
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

European Union 14 day cooling off period
Notwithstanding the above, if the merchandise is being shipped into the European Union, you have the right to cancel or return your order within 14 days, for any reason and without a justification. As above, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.

If more than 15 business days have passed since we’ve approved your return, please contact us at info@tailgatetikes.com.

TERMS AND CONDITIONS

Tailgate Tikes LLC Retail and Wholesale Terms and Conditions of Sale

The purchasing party, the (“Buyer”) by entering into a purchase agreement or sale of goods of Tailgate Tikes LLC the (“Seller”) Retail Products (collectively the “Retail Products”, and individually a “Retail Product”), packaged as provided from time to time, at the price and quantity listed on the invoice, agrees to the terms and conditions of sale (“Terms and Conditions”) as provided below:

Trademarks and Other Insignia. At all times hereunder and hereinafter, all labels supplied to and possessed by Seller bearing Buyer trademark, logo, or other insignia shall be deemed to be and remain the property of Buyer.  Further, all labels bearing the trademark, logo or other insignia of Buyer’s customer shall be deemed to be and remain the property of Buyer’s customer.

As between the parties, it is agreed and understood further that if Buyer asks Seller to apply any trademark not owned by Seller to Retail Products, then:  (i) Buyer or Buyer’s customer, as the case may be, has the full right and title to such trademark or trademarks used in accordance with this Agreement and in connection with the Retail Products: (ii) that Buyer has authority to authorize Seller to apply such trademarks to the Retail Products; and that (iii) Seller agrees not to contest or deny the validity of, or the right or title of Buyer or Buyer’s customer in or to such trademarks(s), and shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement or at any time thereafter.

At all times hereunder and hereinafter, all labels bearing Seller’s trademarks, logos, or other insignia shall be deemed to be and remain the property of Seller.  Further, nothing in these Terms and Conditions shall be construed to give Buyer any right, title or interest in or to Seller’s trademarks, logos or other insignia.

Retail Product Quality. Seller will not be responsible or liable for any liability behavior, conduct or events including, but not limited to the following, which occur respecting a Retail Product after such Retail Product leaves Seller’s facility misuse or mishandling of the Retail Product. Seller represents and warrants that no Retail Product constituting, or being a part of, any shipment or other delivery now or hereafter made to Buyer by Seller, will, at the time such Retail Product leaves Seller’s facility, be adulterated or misbranded, defective or otherwise unsatisfactory owing to faulty material or workmanship.  This warranty will survive delivery to, and inspection, acceptance and payment by, Buyer.

LIMITATION OF WARRANTIES.  THERE ARE NO WARRANTIES, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF, INCLUDING, BUT NOT LIMITED TO, ANY WRITTEN OR ORAL EXPRESS WARRANTIES, OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Retail Product pricing.  The Price for the Retail Product shall be the price listed on the invoice, and shall be F.O.B. Seller’s facility, unless otherwise agreed to in writing.

Payment. Payment terms for each Retail Product shall be NET THIRTY (30) DAYS from the invoice date unless otherwise agreed to in writing.  Payments for partial shipments shall become due pro-rata as the Retail Products are shipped. No deductions from the invoice are allowed without prior approval and acceptance in writing from the Seller. 

Overdue accounts shall bear interest at the rate of one and a half percent (1.5%) per month, compounded monthly until paid in full.  If Seller must hold one or more Retail Products for shipment more than seven (7) days after the specified shipment date on the invoice, Buyer will be billed on the original shipping date and must pay the purchase price within eleven (11) days thereafter, and Seller may store the Retail Products in a warehouse at Buyer’s expense for handling and storage costs.

All of Seller’s costs of collection and reasonable attorney’s fees incurred in connection with the collection of any overdue account shall be paid promptly by Buyer to Seller, and Seller shall be entitled to recover such amounts in a court of competent jurisdiction. 

Delivery of Retail Product. The delivery of the Retail Product shall be F.O.B. Destination. Seller retains responsibility and cost for the goods until they reach the buyer's location.

Returns. At Tailgate Tikes, we strive to ensure customer satisfaction with every purchase. If you receive defective or damaged products, please inspect them upon receipt and report any issues within 7 days of delivery. Claims must include photographs and a detailed description of the defect or damage. In the case of incorrect orders, report discrepancies within 7 days of delivery and include a copy of the original order and packing slip. All returns require prior authorization. Contact our customer service at info@tailgatetikes.com to obtain a Return Merchandise Authorization (RMA) number. Returns without an RMA number will not be accepted.

The buyer is responsible for return shipping costs, except for cases involving defective, damaged, or incorrect items. Returned items must be in their original packaging, unused, unwashed, with all tags attached, and free from any signs of wear, damage, or alterations. Upon receipt, returned items will be inspected to ensure they meet return eligibility criteria. Approved returns will be processed within 10 business days. Please note that a 15% restocking fee may apply to non-defective returns. Refunds will be issued to the original payment method or as a credit towards future orders. Shipping charges are non-refundable, except in cases of defective, damaged, or incorrect items.

Exchanges are subject to product availability, and you may contact our customer service to discuss available options. All items marked as "Final Sale" are not eligible for returns, exchanges, or refunds. For any questions or assistance with returns, please contact us at info@tailgatetikes.com.

    Independent Contractor. These Terms and Conditions shall not constitute or give rise to a partnership between the parties.  All activities by Seller under the terms of this Agreement shall be carried on by Seller as an independent contractor and not as a partner or agent of Buyer.

    Indemnification.  Buyer shall, within ten (10) days after receiving notice thereof, notify Seller of the commencement of any legal proceedings against Buyer or Buyer’s customers relating to a Retail Product or Retail Products manufactured by Seller, and shall permit Seller, at Seller’s sole discretion, to participate in the defense of such proceedings.

    IF Seller SUPPLIES TO Buyer ONE OR MORE Retail Products, AND Seller SUPPLIED SUCH Retail Product OR Retail Products IN VIOLATION OF Seller’s OBLIGATION IMPOSED BY THESE TERMS AND CONDITIONS, BUYER'S EXCLUSIVE REMEDIES AGAINST Seller SHALL BE AS FOLLOWS:  (i) Buyer MAY REQUIRE Seller TO REPLACE TO Buyer ANY SUCH DEFECTIVE Retail Product, OR (ii) IF Buyer RETURNS ANY SUCH DEFECTIVE Retail Product OR Retail Products TO Seller AT SELLER’S FACILITY, Buyer MAY REQUIRE Seller TO RETURN TO Buyer THE PRICE PAID BY Buyer FOR SUCH DEFECTIVE Retail Product OR Retail Products.  Seller WILL HAVE NO OBLIGATION TO REPLACE TO Buyer, OR REIMBURSE THE COST OT Buyer OF, ANY SUCH DEFECTIVE Retail Product OR Retail Products.  Seller WILL HAVE NO OBLIGATION TO REPLACE TO Buyer, OR REIMBURSE THE COST TO Buyer OF, ANY Retail Product WHICH BECOMES DEFECTIVE THROUGH NEGLIGENCE, FAULT OR OTHER ACTION OR INACTION OF Buyer, BUYER'S CUSTOMER OR ANY PARTY OTHER THAN Seller.  Seller's MAXIUMUM LIABILITY SHALL BE PRODUCT REPLACEMENT AT Seller's OPTION.  ALL OTHER REMEDIES AT LAW OR IN EQUITY ARE WAIVED BY Buyer.

    IN ADDITION TO THE LIMITATION OF BUYER'S REMEDIES CONTAINED, IN NO EVENT SHALL Seller BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR ANY Retail Product SHIPPED PURSUANT TO THEM. 

    So long as Seller has complied with its duties hereunder respecting a particular Retail Product.  Buyer shall indemnify Seller and hold Seller harmless from and against all losses, damages and costs, including reasonable attorney’s fees, consequential damages, or incidental damages incurred by Seller arising out of any claims or actions relating to such particular Retail Product and arising in connection with or pursuant to those Terms and Conditions and Buyer agrees to defend or settle such claims or actions at its own expense provided Seller gives Buyer prompt notice of such claims or actions and cooperates fully with Buyer in defending or settling the same (including the absolute right to settle on such terms as Seller may elect).

    Survival of Obligations.  Notwithstanding anything contained in these Terms and Conditions to the contrary, but subject to any written master agreement between the parties which is executed by an officer of each party, upon delivery of any Retail Product by Seller to Buyer, the parties agree that the following shall survive such delivery for three years: (i) all representations, warranties, covenants and guarantees made by either party hereunder, and (ii) the indemnification provisions contained in those Terms and Conditions.

    Liens.  Buyer may not lien or subrogate any open invoices or product which remains unpaid. Seller shall maintain title to goods until the invoice is paid in full.

    Assignments.  Neither Seller nor Buyer may assign any of its rights or delegate any of its duties or obligations under these Terms and Conditions to any third party without the prior written consent of the other party hereto.

    Force Majeure.  If either party hereto is prevented from complying, either totally or in part, with any of the terms or provisions of these Terms and Conditions, by reason of fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accidents, acts of God, and/or other cause or casualty beyond the reasonable control of the party prevented from complying, then upon written notice to the other party, the requirements of such terms and provisions as are affected, and to the extent so affected, shall be suspended during the period of such disability;  provided however, that the party prevented from complying shall make all reasonable efforts in good faith to remove such disability as soon as possible.  During such a period, the party not prevented from complying as aforesaid may seek to have its needs (which would otherwise be met hereunder) met by or through others without liability hereunder.

    Slotting Fees, Stock Fees or Any Fee for Placement of Goods.

    Stocking Fees.  As between the parties, it is agreed and understood that if Buyer asks Seller to pay any stock fee, slotting fee or any cost to the Seller for placement on the shelf of Buyer’s stores and for sale to Buyer’s customers, then the following is agreed upon and understood between Buyer and Seller as a condition of the initial and subsequent sales to the Buyer from the Seller.  The Seller will pay Buyer reasonable slotting fees, shelf fees, placements fees in goods or Retail Product credits on initial and subsequent orders as agreed between Buyer and Seller.   Seller’s Retail Product will be placed on Buyer shelf in return for receipt of any fee, credit or payment identified by notice from Seller Buyer hereby agrees to keep Seller’s Retail Product on the shelf for a minimum of 12 months from date of first sale in Buyer’s stores (commitment period).  In the event Buyer terminates, discontinues or does not purchase or continue to purchase or issue a notice of dis-continuance or termination of Seller’s Retail Product less than 12 months from date of first sale in Buyer’s stores (commitment period) Seller is entitled to a full refund of any payment in real monies or goods, Retail Products or services that Seller made to Buyer as a slotting fee, Retail Product fee or any type of fee Buyer received during the (commitment period) as solely determined by the Seller.  Buyer to remit promptly any monies due as determined by Seller.  A Notice of Claim sent to Buyer from Seller will be notification to Buyer.

    Invoices or Notice of Claims.  Are due from Buyer upon Buyer receipt thereof and Buyer shall pay such invoices in accordance with the Terms and Conditions of Seller.  Failure to pay Seller in accordance with the Terms and Conditions of Seller shall constitute a material breach of this agreement made hereto by the Buyer and Seller as a condition of sale.

    Off-Set.  Any amounts, whether due or to become due to this Agreement shall be subject to OFF-SET or SET OFF against any amount owed to Buyer by Seller to the full extent of all damages, liabilities and expenses for which Seller becomes entitled to indemnity from Buyer pursuant to this Article or otherwise.

    General provisions.

    Binding Agreement.  These Terms and Conditions shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

    Merger; Amendment.  Unless there is a written agreement between the parties which is executed by an officer of each party, these Terms and Conditions constitute the entire agreement and understanding between the parties regarding the subject matter set forth herein, and merges all prior or contemporaneous discussions, understandings, and agreements between parties with respect to the said subject matter.  These Terms and Conditions may not be amended except in a writing duly executed by authorized representatives of the parties.

    Applicable Law and Choice of Forum.  The parties affirm that these Terms and Conditions have been entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas, notwithstanding any state’s choice of law rules to the contrary.  Further, the parties expressly agree that any and all actions concerning any dispute arising under these Terms and Conditions shall be filed and maintained only in a state or federal court physically located in the State of Texas, and each party hereby consents and submits to the jurisdiction of such state or federal court.

    Headings.  The headings contained in these Terms and Conditions are inserted for convenience of reference only and are not intended to be part of or affect the meaning or interpretation of these Terms and Conditions.

    Severability.  The invalidity or unenforceability of any particular provision of these Terms and Conditions shall not affect the validity or enforceability of any other provisions hereof, and these Terms and Conditions shall be construed in all respects as if such invalid or unenforceable provisions were omitted.

    No Waiver.  Any waiver of any provision of these Terms and Conditions must be in writing.  No waiver of any provision of these Terms and Conditions will constitute a waiver of any other provisions hereof (whether or not similar) or a continuing waiver.  The performance by any of the parties hereto of any act not required of it under the provisions of these Terms and Conditions will not constitute a waiver of the parameters for and limitations on its obligations under these Terms and Conditions, and no such performance shall stop such party from asserting such parameters or limitations as to any further or future performers of its obligations.

    Acceptance of Terms and Conditions.  These Terms and Conditions pursuant to which any Retail Product is being sold and shipped may or not be materially changed or added to by the Buyer without written agreement with Seller.  Seller may amend its Terms and Conditions from time to time in the ordinary course of its business activities with the Buyer.  Acceptance of the Retail Product shall constitute acceptance of these Terms and Conditions, and such acceptance shall be limited to accepting these Terms and Conditions in their entirety as a condition of each transaction. 

    COPYRIGHT AND TRADEMARK

    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.

    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.

    OFFICIALLY LICENSED COLLEGIATE PRODUCTS

    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. 

    Officially Licensed Collegiate Product