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Conditions of Use


Thank you for visiting Tactics.com ("Tactics"). The use of Tactics is governed by the following legal notices and conditions. By using Tactics, you agree to these conditions. Please read them carefully.

Tactics reserves the right to update or modify these Conditions of Use at any time without prior notice to you. For this reason, you should review these Conditions of Use whenever you visit Tactics. By accessing, viewing, browsing and/or using Tactics after we post changes to these conditions, you unconditionally accept and agree to those changes, whether or not you actually reviewed them.

INTELLECTUAL PROPERTY

Unless otherwise noted, all materials, including, but not limited to, graphics, page headers, button icons, scripts, logos, service marks, trade names, photographs, caricatures, illustrations, designs, icons, articles, text, audio clips, and video clips on this site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Tactics or its suppliers and protected by United States and international copyright laws. The site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by Tactics or its suppliers. Any reproduction, modification, creating derivative works, distribution, transmission, display, or performance, or other unauthorized use of the content on this site, including, but not limited to, any manner likely to cause confusion among customers, without authorization is strictly prohibited. Except as expressly provided herein, Tactics grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the materials on our site in any commercial manner, please contact us directly by phone.

LICENSE AND SITE ACCESS

Tactics grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tactics. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

In addition, Tactics grants you a limited, revocable, and nonexclusive right to create a hyperlink to Tactics’ website, so long as the link does not portray Tactics in a misleading, derogatory, false, or otherwise offensive manner.

ELECTRONIC COMMUNICATIONS

Communications between you and Tactics may be done electronically. We may send you communications from us electronically, whether by e-mail, by posting notices on the website, or other electronic means. You agree that any such electronic communications are considered to be communications in writing.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Tactics reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you are under 18, you may not use Tactics without the involvement of a parent or guardian over the age of 18.

SECURITY

The Internet, being an open network, is not secure. If you choose to send any electronic communications to Tactics by means of this website (whether by means of email or posted messages on the website), you recognize the inherent risk of such an open network. Tactics does not, and cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, with respect to the transmission of personal information including, but not limited to, credit card information, Tactics makes every effort to protect that information using reasonable security measures that generally meet acceptable industry standards for security. Such personal information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions. Please review our Security Notice for more information.

PRIVACY

Please review our Privacy Notice, which also governs your use of Tactics, to understand our practices.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post content on certain portions of the Tactics website, and submit other content or information to Tactics, provided that the content is legal, not injurious to third parties, or otherwise objectionable, as determined by Tactics. You are not permitted to post or submit software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You must use your own e-mail address in submitting or posting such content. Tactics reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Posting content or submitting material shall grant Tactics the right to use and display such content pursuant to a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable license. You grant Tactics and sub-licensees the right to use the name that you submit in connection with such content, if they choose. By posting content or submitting material, you represent and warrant that you own or otherwise control all of the rights to that content or material, and that you will indemnify Tactics for all claims resulting from content you supply. Tactics has the right but not the obligation to monitor and edit or remove any activity or content. Tactics takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS, RETURNS, REFUNDS AND TITLE

All items purchased from Tactics are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Tactics does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Tactics does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.

PRICING AND PRODUCT DESCRIPTIONS

Tactics makes every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced. In the event of a pricing error, Tactics shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. Tactics does not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by Tactics is not as described, your sole remedy is to return it in unused condition.

ORDER REVIEW AND ACCEPTANCE

Please note that there may be certain orders that Tactics is unable to accept and must cancel. Tactics reserves the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (unless you are paying via your PayPal account, in which case you will be charged prior to your order being shipped). By way of example, some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by Tactics’ credit and fraud avoidance department. Tactics may also require additional verifications or information before accepting any order. Tactics will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, Tactics will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

PRESS RELEASES

All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of Tactics’ knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.

HYPERLINKS

Some of the links we make available to you through our website will redirect you to leave our website. We cannot guarantee that the hyperlinks set out on our website will be accurate in any respect. Moreover, the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control. We cannot and do not monitor the websites linked to our pages on the Internet. Accordingly, we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. We believe that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. These links are provided only for your convenience, and their inclusion does not constitute or imply approval or endorsement by Tactics or their sites or their content.

TACTICS COUPONS AND DISCOUNTS

At Tactics, Free Shipping, Percent Savings and Dollar Savings are all considered to be promotional offers. Coupons and discounts apply only to available inventory and only to your next purchase. We do not offer rain checks. Coupons and discounts may not be combined with free shipping offers or any other coupons or discounts. Coupons and discounts may not be applied to the purchase of gift certificates or gift cards. Percent-off and dollars-off discounts are not applicable to certain brands or collections within certain brands.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TACTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TACTICS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM TACTICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TACTICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TACTICS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TACTICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

If you have a claim against Tactics, you agree that it will be resolved by binding arbitration. This means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be conducted and governed by the Oregon Revised Uniform Arbitration Act. You also agree not to bring a class action suit against Tactics, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances. To the extent you have in any manner violated or threatened to violate Tactics’ intellectual property rights, Tactics may seek injunctive or other appropriate relief in any state or federal court in the State of Oregon and you consent to exclusive jurisdiction and venue in such courts.

APPLICABLE LAW

The law of the State of Oregon and federal law to the extent applicable governs the use of Tactics websites. Any claim which qualifies to be filed in a court of law will be heard exclusively in the Oregon State Court, Lane County, Oregon.

TACTICS’ RIGHT TO AMEND AND REMOVE POLICIES

Tactics has the right to modify, amend or delete any policy posted on its sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.

TACTICS LEGAL ADDRESS

Tactics
375 W 4th Ave. Suite 202
Eugene, OR 97401


Last updated: April 4, 2014