1. Orders for Products and Services; Personal Use.
The products made available on this Website are for your personal, non-commercial use only. You may not sell, resell or re-lease any products you purchase or otherwise receive from us. Tailgater reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you, as determined by us in our sole discretion. You may only order products if you are domiciled in the United States, 18 years old or older and in a geographic area serviced by Tailgater. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to Tailgater. You agree to pay all applicable taxes. If we do not receive payment from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you order or rent on this Website may be subject to additional terms and conditions presented to you at the time of such purchase.
2. Product Information and Pricing.
We strive to ensure the accuracy of all product descriptions, product images and other information and content on the Website. However, colors and other variations may vary depending upon availability and geography. Rest assured, any variations will not affect your overall tailgate experience. Any orders placed via the Website are not considered accepted until we have confirmed the order. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We have the right to change or update information or to cancel orders if any such information is inaccurate. If we cancel any orders after your credit card has been charged, we will issue a credit to your account in the amount charged.
3. Website Content; License.
Tailgater and/or its licensors own all right, title and interest in and to the Website, all look and feel, text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the design of the Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any such Content. Subject to these Terms and Conditions, Website grants you a limited, revocable, non-sublicensable, non-exclusive and non-transferable license to use the Website and the materials contained thereon only for your personal, non-commercial use.
The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Tailgater and others and may not be used unless authorized by the Trademark owner. All Trademarks not owned by us that appear on the Website, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.
5. Prohibited Customer Activity.
Unless expressly permitted in these Terms and Conditions or with Tailgater’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Content of any of the Website. Tailgater will aggressively enforce its intellectual property rights to the fullest extent of the law. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’ services or features in violation of Tailgater’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’ services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the Content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
6. User Information.
7. Links to and from the Website.
If you link from any other website to our Website, such link shall open in a new browser window or tab and shall link to the full version of the Website. You are not permitted to use any linking method whereby the Content is hosted by us but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website.
We may from time to time provide links to other websites or applications (collectively, “Third Party Websites”) as a service to those interested in this information. Tailgater may also post links to Third Party Websites on Tailgater’s social media presences or applications (e.g., Facebook and Twitter). Tailgater does not monitor, approve or have any control over any Content located on any Third Party Website. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through a Third Party Website. Links to a Third Party Website does not constitute an endorsement or sponsorship by Tailgater of such website or the information, content, products, services, advertising, code or other materials presented on or through such website. Tailgater is not responsible for any content that originates from any Third Party Website and that is embedded or otherwise transmitted through the Website. You use the Third Party Websites at your own risk.
You agree to defend, indemnify and hold harmless Tailgater, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, the “Tailgater Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website. Tailgater reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Tailgater’s defense of such claim.
9. Disclaimer Of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TAILGATER NOR ANY PERSON ASSOCIATED WITH TAILGATER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TAILGATER NOR ANYONE ASSOCIATED WITH TAILGATER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TAILGATER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Limitation Of Liability.
IN NO EVENT WILL ANY OF THE TAILGATER PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE TAILGATER PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS, YOUR USE OF THE WEBSITE OR ANY RENTAL PRODUCT ORDERED VIA THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO TAILGATER FOR YOUR USE OF THE WEBSITE OR RENTAL OF PRODUCTS FROM THE WEBSITE.
11. Applicable Laws.
These Terms and Conditions are governed by the laws of the United States and the State of Illinois without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement will be brought in the appropriate federal or state court in Cook County, Illinois and you agree to submit to the personal and exclusive jurisdiction of such courts located in Cook County, Illinois. Notwithstanding the foregoing, you are responsible for complying with the laws of the jurisdiction from which you are accessing the Website and you agree that you will not access or use the information on the Website in violation of such laws.
12. Viruses, Hacking And Other Offenses
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other content that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
We may change, suspend or discontinue the Website at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of these Terms and Conditions or applicable law, or for any other reason without notice or liability. We will revoke the Website use privileges of users who are repeat infringers of intellectual property rights.
14. Miscellaneous; Severability.
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.