Tailgate Tikes Terms of Service

Last updated: July 10, 2026

These Terms of Service ("Terms") govern your access to and use of the websites owned and operated by Tailgate Tikes LLC (collectively, "Tailgate Tikes," "we," "us," and "our"), including https://www.tailgatetikes.com (collectively, the "Site"), and your purchase of products through the Site. By accessing or using the Site, or by placing an order, you agree to these Terms. If you do not agree to these Terms, please do not use the Site.

If these Terms change, we will post the updated Terms on the Site and revise the "Last updated" date above. If you do not agree to the updated Terms, you should stop using the Site; your continued use of the Site after updated Terms are posted constitutes your acceptance of them. The Terms in effect 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 THE "ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS — LEGAL DISPUTES" SECTION BELOW), INCLUDING AN AGREEMENT TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS AND YOUR RIGHT TO OPT OUT, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

Eligibility; Not Directed to Children

The Site is intended for use by adults. You must be at least 18 years old (or the age of majority in your state of residence, if higher) to make a purchase on the Site or create an account. Although our products are designed for babies, toddlers, and kids, the Site itself is not directed to children, and we do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided personal information to us, please contact us as described below so we can address it. For more information about how we handle personal information, please see our Privacy Notice.

Products, Pricing, and Availability

The prices and promotions offered on the Site may change from time to time, and we may offer items at different prices or run different promotional events at different times. Unless otherwise stated, prices, promotions, promotion codes, and offers (such as free shipping or discounts) apply only to purchases made on the Site during the stated promotional period and may not be combined with other offers.

Price comparisons, where shown, are made to the Manufacturer's Suggested Retail Price ("MSRP"). MSRP is an estimate of the price at or above which 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 MSRP may not represent the average or prevailing market price at any particular time or location. Because MSRP may vary from retail prices in your area, you may wish to compare prices from other internet or local retailers before making a purchase. Percentage reductions are off of MSRP, except where noted.

We attempt to display product information, descriptions, and images as accurately as possible. However, colors and details you see on the Site depend on your monitor or device, and we cannot guarantee that your device's display of any color or detail will exactly match the physical product. All products are subject to availability, and we do not guarantee that any item will remain in stock. Products described on the Site may not be available in all regions.

Fabric Terminology and Product Descriptions

Fabric Terminology. References on the Site to "bamboo" fabric, fiber, or material refer to bamboo viscose (also known as rayon made from bamboo), consistent with the fiber identification requirements of the Federal Trade Commission's Textile Fiber Products Identification Act and related rules. Fiber content for each product is stated on the product page and on the product's permanent label.

Order of Precedence. Blog articles, editorial content, and other general content on the Site are provided for general informational purposes only. The characteristics, specifications, and fiber content of each product are described on the applicable product page and on the product's physical labels and packaging. In the event of any conflict or inconsistency between blog, editorial, or other general Site content and a product page or product label, the product page and product label control.

No Medical Claims. Tailgate Tikes products are children's sleepwear and apparel. They are not medical devices and are not intended to diagnose, treat, cure, or prevent any medical condition, allergy, or sensitivity. Nothing on the Site should be construed as medical advice.

Orders and Order Acceptance

Your placement of an order constitutes an offer to purchase. Our order confirmation email acknowledges that we received your order but does not constitute acceptance of your order. We reserve the right, in our sole discretion and at any time before shipment, to accept or decline your order, to limit order quantities, or to cancel any order in whole or in part — including, without limitation, orders that appear to be placed by resellers or bots, orders affected by pricing, typographical, or product description errors, orders for items that are out of stock, and orders we suspect to be fraudulent. If we cancel an order after your payment method has been charged, we will issue a refund to the original payment method. If a product is listed at an incorrect price due to an error, we reserve the right to cancel orders placed at the incorrect price, whether or not the order has been confirmed.

Payment

Secure Payment Processing. We are committed to 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, 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 Site, you may be required to provide payment information, including credit card details and billing address. We do not store your full payment card information on our servers. Your payment details are 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 use third-party payment service providers to facilitate payment processing. These providers have their own terms and privacy policies, which you should review before making a payment.

Payment Authorization. By making a payment on the Site, you authorize us (and our payment service providers) to charge the designated payment method for the amount specified in your purchase, including applicable taxes and shipping charges. You represent that you have the legal right to use the payment method provided.

Sales Tax. We collect sales tax where required by law. Applicable taxes will be displayed at checkout.

Shipping; Risk of Loss

Shipping timelines shown on the Site are estimates, not guarantees. Title to products and risk of loss pass to you upon our delivery of the products to the carrier. Please refer to our shipping information at checkout for available shipping methods and costs.

Returns, Refunds, and Cancellations

Our return, refund, and cancellation policies are described in our Store Policies. If you believe there has been an error in processing your payment, or you have any payment-related concern, please contact us promptly as described in "How Do I Contact You?" below so we can resolve it.

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 and shipping and handling do not qualify for the discount. This offer is not redeemable for cash or gift cards and is not valid toward previous purchases. The 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. Other restrictions may apply.

Ownership and Intellectual Property

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, code, and scripts in any format used to implement the Site (the "Code"). The Content and Code are protected by copyright and other intellectual property laws. Except as set forth in these Terms, you may not copy, modify, upload, download, transmit, republish, 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. Tailgate Tikes owns or has the right to use all names, logos, and trademarks that appear on the Site, and you may not use any of them for any purpose without the prior express written permission of Tailgate Tikes. Failure to comply with these Terms will constitute a breach of contract and may violate the copyright, trademark, and other proprietary rights of Tailgate Tikes or third parties.

Licensed Collegiate Marks

Tailgate Tikes sells officially licensed collegiate products. The names, logos, trademarks, and other indicia of colleges and universities depicted on our officially licensed product line are the trademarks of their respective owners and are used under license. Unauthorized use of Tailgate Tikes trademarks or the trademarks of our licensors is trademark infringement. The production or sale of unauthorized products or services violates the federal Lanham Act, the Trademark Counterfeiting Act of 1984, and state trademark infringement and unfair competition laws, among others. Such violations may subject the violator to liability for damages, injunctive relief, attorneys' fees, and other civil and criminal penalties, and infringing merchandise is subject to seizure.

For additional information, please see Copyright and Trademark or contact copyright@tailgatetikes.com.

Copyright Infringement Claims (DMCA)

We respect the intellectual property rights of others. If you believe that any material on the Site infringes your copyright, you may send a notification of claimed infringement to copyright@tailgatetikes.com that includes: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material and its location on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature.

No License

The Site is available only for your personal, non-commercial use, which is 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.

Use of Information Submitted by You

If you submit any information to Tailgate Tikes — including feedback, data, questions, comments, suggestions, reviews, or the like — such information will not be deemed confidential. All such submissions will be deemed the property of Tailgate Tikes, and your submission will constitute an assignment to Tailgate Tikes of all worldwide rights, title, and interest in such information (or, where such assignment is not effective, a perpetual, irrevocable, worldwide, royalty-free license to use such information for any purpose). Tailgate Tikes will not be liable for any use or disclosure of such information, will have no 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 developing, manufacturing, and marketing products — without 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 into Tailgate Tikes products without liability.

If you submit a product review, photo, or other content for publication on the Site or our social channels, you represent that the content is your own, is accurate and reflects your genuine experience, does not violate the rights of any third party (including privacy rights of individuals appearing in photos), and is not false, misleading, defamatory, obscene, or otherwise objectionable. We reserve the right to remove or decline to publish any submitted content at our sole discretion, but we do not suppress or edit reviews based solely on their negativity.

Customer Reviews and Social Content.

Customer reviews, photos, comments, and social media content displayed on the Site or our social channels reflect the individual opinions, experiences, and informal descriptions of the customers who submitted them. They are not statements, representations, or claims made by Tailgate Tikes, and results and experiences may vary. References by customers to "bamboo" fabric or material are informal shorthand and should be understood as references to bamboo viscose (rayon made from bamboo), as described in the "Fabric Terminology and Product Descriptions" section above. Tailgate Tikes does not adopt or endorse any statement in customer-submitted content regarding fiber content, health, safety, or medical effects of any product.

Users and Accounts

To use certain online services, you may need to create an account. If you create an account, you agree that 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 compromised.

You agree to take responsibility for all activities on or under any account registered to you, and you accept all risks of any unauthorized use of your account. You are responsible for providing the equipment and services 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.

Responsible Use of the 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 it, to block or prevent your 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 only for lawful purposes and in accordance with these Terms. 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, including through scraping, data mining, or the use of bots or automated tools; or (d) to upload, post, or transmit any material that violates any law, infringes 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).

Indemnification

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, 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 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 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 mobile service provider for pricing plans, participation status, and details. 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 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 (SMS)

The Tailgate Tikes mobile message service (the "Service") is operated by Tailgate Tikes. 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 constitutes 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 and account alerts). 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, that 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 the Service.

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

Product Safety and Recalls

Product safety is a top priority at Tailgate Tikes. Our children's products are designed and produced to comply with applicable U.S. product safety requirements, and we cooperate fully with the U.S. Consumer Product Safety Commission (CPSC). In the event of a product recall or safety notice affecting a Tailgate Tikes product, we will communicate recall information in accordance with applicable law, including through the Site and, where possible, direct notice to affected purchasers. To help us reach you with any safety communications, please keep your account and contact information current. If you have a question or concern about the safety of any Tailgate Tikes product, please contact us as described in "How Do I Contact You?" below.

Third-Party Links

The Site may contain links to third-party websites, services, or resources, including social media platforms and retail partners. These links are provided for your convenience only. We do not control and are not responsible for the content, products, services, or privacy practices of any third-party website, and a link does not imply our endorsement. Your use of third-party websites is at your own risk and subject to their terms and policies.

Disclaimers

Tailgate Tikes publishes information on the Site as a convenience to its visitors. Product information on the Site 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. Tailgate Tikes products described on the Site may not be available in your region, and Tailgate Tikes does not claim that the information on the Site is appropriate to your jurisdiction or that products described on the Site will be available for purchase in all jurisdictions. As described in "Fabric Terminology and Product Descriptions" above, in the event of any conflict between general Site content and a product page or product label, the product page and product label control.

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 THE SITE AND INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS AND IMPLIED WARRANTIES 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, or that the functions contained in the Site will be uninterrupted 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, has no duty to update the Site or modify its Content or Code, and shall not be liable for its failure to update such information. It is your responsibility to verify any information contained on the Site before relying upon it.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY, RIGHT, OR REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING ANY NON-WAIVABLE RIGHTS YOU MAY HAVE UNDER CONSUMER PROTECTION OR PRODUCT SAFETY LAWS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAILGATE TIKES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE — INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER TANGIBLE OR INTANGIBLE IN NATURE, AND 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 SITE OR THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF TAILGATE TIKES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO TAILGATE TIKES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law

These Terms, and any dispute arising out of or relating to these Terms or your use of the Site, are governed by the laws of the State of North Carolina and applicable federal law (including the Federal Arbitration Act), without regard to conflict-of-laws principles, except where the law of your state of residence provides you with non-waivable consumer protections. Subject to the arbitration agreement below, any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in North Carolina, and you consent to the jurisdiction of those courts, except that either party may bring a qualifying claim in small claims court in your county of residence.

Arbitration Agreement and Waiver of Certain Rights — Legal Disputes

Initial (Informal) Dispute Resolution. We are available by email to address any concerns you may have regarding the Site, your order, or our products, and most concerns can be resolved quickly this way. Before initiating any arbitration or lawsuit, you and we each agree to first attempt to resolve any dispute informally by providing the other party with a written Notice of Dispute. Your Notice of Dispute must be sent to Tailgate Tikes LLC, 24165 IH-10 West, Ste 217 #271, San Antonio, TX 78257, or by email to info@tailgatetikes.com, and must include your name, the email address and mailing address associated with your order or account, a description of the dispute, and the specific relief you seek. If we have a dispute with you, we will send our Notice of Dispute to the email address associated with your order or account. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good-faith negotiation for a period of sixty (60) days following receipt of a Notice of Dispute, which is a precondition to either party initiating arbitration or a lawsuit.

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 of 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 between you and a third-party agent of ours (each, a "Claim"), shall be submitted for binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules"), as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. Any arbitration hearing may be conducted by videoconference or, if in person, in your county of residence or another mutually agreed location. 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, any testimony or other oral submissions, and any awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of 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 this arbitration agreement, including, but not limited to, a claim that all or any part of it is void or voidable.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. 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.

Exceptions. This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also each have the right to bring qualifying claims in small claims court. In addition, you and we each 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 or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Your Right to Opt Out. You may opt out of this arbitration agreement and class action waiver within thirty (30) days after the date you first accept these Terms (or, for existing customers, within thirty (30) days after the "Last updated" date above) by sending written notice of your decision to opt out to info@tailgatetikes.com with the subject line "Arbitration Opt-Out," including your name, the email address associated with your order or account, and a clear statement that you wish to opt out of this arbitration agreement. Opting out of this arbitration agreement will not affect any other provision of these Terms, and will not affect any prior or future arbitration agreements you may have with us.

Class Action Waiver. Neither you nor we may act as a class representative or private attorney general, or 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, and 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, except as provided in the "Batch Arbitration" paragraph below. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. The arbitrator may award 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 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 shall be 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.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, if twenty-five (25) or more similar demands for arbitration are filed against us with the assistance or coordination of the same law firm or organization, or presenting similar claims, the parties agree that the AAA shall administer the demands in batches of up to one hundred (100) demands per batch, with a single arbitrator appointed per batch and a single set of administrative and filing fees due per side per batch. The parties agree to cooperate in good faith with the AAA to implement this batch approach. This paragraph shall in no way be interpreted as authorizing class arbitration of any kind.

Severability and Survival. If any provision of this Section is found to be invalid or unenforceable, 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; provided, however, that if the Class Action Waiver is found to be invalid or unenforceable as to a particular Claim, then this arbitration agreement shall not apply to that Claim, which shall proceed in court. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such right or requirement, and such a waiver shall not waive or affect any other portion of these Terms. This Section 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 THE 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.

Entire Agreement; Waiver; Severability

These Terms, together with the policies referenced in them, constitute the entire agreement between you and Tailgate Tikes with respect to the use of the 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.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us as described in "How Do I Contact You?" below. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

How Do I Contact You?

If you have questions about these Terms, your order, or our products, you can reach us at:

Tailgate Tikes LLC
24165 IH-10 West, Ste 217 #271
San Antonio, TX 78257
Email: info@tailgatetikes.com or via our Contact Us page

For privacy questions, choices about promotional communications, or to update your personal information, contact privacy@tailgatetikes.com. For copyright and trademark matters, contact copyright@tailgatetikes.com.