Terms of Service
Last updated on October 30, 2022.
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur so review this document often.
This web page represents our Terms of Use, Terms and Conditions and Sale (“Agreement”) regarding our websites, marketingtiki.com and tikisites.com (“Websites”). The terms, “we” and “our” as used in this Agreement refer to Marketing Tiki LLC and tshirtsnow.com (“TshirtsNow”).
We refer to this Agreement, our Privacy Policy accessible at http://www.tshirtsnow.com/privacy and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website or mobile app.
Limited License
TshirtsNow grants you a non-exclusive, non-transferable, revocable license to access and use our Websites and mobile app in order for you to purchase apparel and related products through our Websites, strictly in accordance with our Legal Terms.
You may not use the Websites in any manner which could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Websites or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Websites. The Websites’ content is not for resale. Your use of the Websites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission and that of the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.
Privacy
Your use of the Websites is subject to the Websites‘ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Websites or sending emails to TshirtsNow constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TshirtsNow. is not responsible for third party access to your account that results from theft or misappropriation of your account. TshirtsNow. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Links to Third-Party Websites
Our Website may contain links to Websites owned or operated by parties other than MARKETING TIKI, LLC and TshirtsNow. Such links are provided for your reference only. We do not monitor or control outside Websites and are not responsible for their content. Our inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Marketing Tiki LLC and TshirtsNow’s inclusion of the links imply that they are authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
No Warranties; Exclusion of Liability; Indemnification
OUR WEBSITE IS OPERATED BY MARKETING TIKI, LLC AND TSHIRTSNOW ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MARKETING TIKI, LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. MARKETING TIKI, LLC AND TSHIRTSNOW SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER TSHIRTSNOW OR ITS AGENTS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL TSHIRTSNOW BE LIABLE FOR ANY DAMAGE CLAIM EXCEEDING THE AMOUNT PAID BY YOU TO TSHIRTSNOW FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
WITHOUT LIMITING THE FOREGOING, TSHIRTSNOW AND MARKETING TIKI, LLC SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY ARISING OUT OF YOUR USE OF THE TSHIRTSNOW SELF-CERTIFICATION. THE CERTIFICATION IS ENTIRELY THE RESPONSIBILITY OF THE USER OF THE TSHIRTSNOW SITE AND THE USER ASSUMES ANY AND ALL LIABILITY FOR REPRESENTING ITSELF AS CERTIFIED TO BE “OPEN FOR BUSINESS” OR “CLEAN,” “SAFE,” OR “PREPARED” AS REPRESENTED ON THE SELF-PREPARED SELF-CERTIFICATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, MARKETING TIKI LLC AND TSHIRTSNOW DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
Indemnification
You agree to defend, indemnify and hold Marketing Tiki LLC TSHIRTSNOW harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Contracts or Services or your use of TSHIRTSNOW .
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms pf Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use, whether directly or indirectly, including Tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service.
Class Action Waiver
Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Marketing Tiki LLC and TshirtsNow. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Changes to Terms
TshirtsNow and Marketing Tiki LLC reserve the right, in its sole discretion, to change the Terms under which TshirtsNow is offered. The most current version of the Terms will supersede all previous versions. TshirtsNow encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
If you have any questions, please contact us:
By Email: orders@tshirtsnow.com
By Chat: marketingtiki.com
By Telephone: 858-832-2120