Last updated: February 15, 2023
Introduction
Welcome to TNA® Clothing, Sweatpants, Hoodies, Track Pants, Sweatshirt, Leggings (the “Website“). This Website provides an online store for purchasing athletic and casual apparel and is operated by TNA Apparel Inc. (“TNA,” “we,” “us” or “our“).
Please read these Terms & Conditions (“Terms”) carefully before using our Website. By accessing or using this Website, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use our Website.
We may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on this Website. We will make reasonable efforts to communicate any changes to these Terms via notifications on our Website or social media platforms. You can determine when these Terms were last revised by referring to the “Last updated” date at the top of these Terms. Your continued use of our Website after any changes to these Terms constitutes your acceptance of the revised Terms.
Use of the Website
You may use our Website for lawful purposes only. You agree that you will not use this Website for any unlawful purpose, including but not limited to fraud, impersonation, intellectual property infringement, or any other illegal activity.
You must be at least 13 years of age to use this Website. If you are under 13 years of age, you may not access or use this Website. By accessing or using this Website, you represent and warrant that you are at least 13 years of age.
You are solely responsible for maintaining the confidentiality of your account information. You are responsible for safeguarding any password, username, or other credentials used to access your account on this Website. You agree not to share your account information or login credentials with any third party. You further agree to immediately notify us of any unauthorized use of your account.
You agree to provide true and accurate information. When creating an account or otherwise interacting with this Website, you agree to provide true, current, complete, and accurate information. You agree not to impersonate any other person or use a username or password you are not authorized to use. Providing fraudulent, inaccurate, or misleading information is grounds for account termination and potential legal action.
User Content
You are solely responsible for any content you upload, post, email, transmit, or otherwise make available via this Website. You represent and warrant that any content you contribute complies with our Acceptable Use policy outlined below.
We claim no ownership over any content you submit or make available through this Website. However, by uploading, posting, emailing, transmitting or otherwise making available any content on or through this Website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit that content in connection with the provision of the Website and our (and our successors’ and assigns’) businesses, including without limitation for redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites).
You also hereby grant each user of the Website a perpetual, worldwide, non-exclusive, royalty-free license to access your content through the Website, and to use, copy, distribute, prepare derivative works of, display and perform such content to the extent permitted by the Website’s functionality and as permitted by these Terms.
Acceptable Use
You agree not to use the Website to:
- Upload, post, email, transmit, or otherwise make available any content that infringes any third party’s copyrights, trademarks, trade secrets, rights of privacy or publicity, or other proprietary rights.
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
- Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Intimidate, harass, threaten, stalk, or otherwise violate the legal rights of others.
- Collect or store any personally identifiable information from other users of the Website without their express permission.
- Impersonate any individual or entity, or falsely state or otherwise misrepresent your affiliation with any individual or entity.
- Interfere with or disrupt the Website or servers or networks connected to the Website.
- Violate any applicable law, rule or regulation regarding your access to or use of the Website.
- Access data not intended for you, log into a server or account which you are not authorized to access, or probe, scan, or test the vulnerability of the Website or any associated system or network.
- Attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means.
We have the right, but not the obligation, to monitor all activity on the Website, including any user content you post, in order to determine compliance with these Terms and any other applicable rules that we may establish from time to time. Our failure to enforce strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
Purchases & Payments
You are responsible for all charges incurred under your account. You agree to pay the prices for all products you purchase through the Website. Prices do not include applicable taxes and shipping and handling charges, for which you are also responsible. We reserve the right to change prices for products displayed at any time without notice to you.
Pricing errors. We make every effort to provide accurate pricing information, however we may, on occasion, make inadvertent pricing errors. If we discover an error in the price of any item you have ordered, we will notify you within 48 hours of confirming your order. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be cancelled and you will receive a refund.
We reserve the right to refuse service. We reserve the right to refuse to sell to you if for any reason we believe a sale would violate applicable law.
Payment methods. We accept various payment methods, including major credit and debit cards. When placing an order, you agree your credit/debit card will be charged for the total amount, including all applicable taxes and shipping charges.
Automatic renewal. If you purchase a subscription plan or sign up for auto-delivery of products from us, you authorize us to automatically renew your subscription and/or continue shipping products to you on a recurring basis corresponding to the term of your subscription or auto-delivery schedule, without any additional action by you. By purchasing an auto renewal or subscription plan, you authorize us to charge your credit card currently on file to renew your subscription or continue shipping products to you.
You may opt out of auto-renewal for subscriptions or auto-delivery for products at any time by accessing your account settings on our Website or contacting us. If you opt out of auto-renewal or auto-delivery, you may still purchase subscriptions or products from us manually.
For subscriptions, you will not receive a refund for partial subscription terms, except where prohibited by law. For products on auto-delivery, you must cancel at least 7 days before your next scheduled delivery to avoid being charged and shipped the product. Please review our Returns policy below regarding products received through auto-delivery.
Shipping and delivery. When you purchase a physical product through the Website, the shipping costs and delivery time estimates will be provided to you in the shopping cart. Title to and risk of loss of physical products you purchase will pass to you when the products are delivered to the carrier. We will notify you when we have transferred the products to the carrier.
Occasionally, part or all of your order may be delayed or cancelled due to out-of-stock items. We will notify you of any changes related to delayed or cancelled orders via email.
If you choose expedited or rush shipping, we will attempt to deliver your order as soon as possible, but we do not guarantee delivery dates for expedited orders. We will not be liable for any damages arising out of any inability to meet requested delivery dates for expedited shipping.
Returns. We offer free returns within 30 days of receiving most products, provided the products are in new, unused condition with original tags still attached. For further details about returning products to us, please see our Returns & Exchanges Policy.
Feedback. We welcome feedback, comments, reviews and testimonials from customers about their experience with our Website, products or customer service. If you submit feedback, you grant us permission to use and post such content publicly on our Website or social media platforms. Safeguard any personal information or confidential information that you do not wish for us to make public. We may modify or remove feedback at our discretion.
Intellectual Property
The Website and its contents are protected by copyright, trademark, and other federal and state laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Website solely for purposes permitted by these Terms.
Any unauthorized use of the Website or contents violates our intellectual property and other proprietary rights. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website or its contents.
The TNA® name and logo and all related product and service names, designs, and slogans on the Website are our trademarks or registered trademarks. You agree not to use or imitate our trademarks, service marks, or trade dress, including the use of any confusingly similar terms.
Limitation of Liability
You use this Website at your own risk. We provide the Website and related services on an “as is” basis without any warranties, representations or conditions, whether express or implied.
We make no guarantees or promises regarding the accuracy, reliability, completeness, correctness, timeliness, or usefulness of any content available on the Website. Access and use of this Website and reliance on its content is at your own risk.
To the fullest extent permitted by applicable law:
- In no event will TNA be liable for any damages whatsoever (including special, indirect, incidental, punitive, exemplary, consequential or other damages) in connection with your access to or use of the Website.
- TNA is not liable for damages arising from your inability to access or use the Website due to malfunction of your computer, mobile device, or internet connection. We also are not liable for any inaccuracies, errors, or omissions in Website content.
- In no event will our liability for all damages arising from your use of the Website (whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory) exceed any compensation you paid to us to use the Website.
You agree to fully indemnify us and hold us harmless from any claims, liability, damages, losses, costs or expenses (including reasonable attorneys’ fees) that arise out of your breach of these Terms or your use of the Website. You are solely responsible for defending any action related to your use of the Website and must not agree to settle any such claim or action without the prior written consent of TNA.
Third-Party Links & Content
This Website may contain links to third-party websites and resources, such as our social media pages (collectively, “Third-Party Links“). We provide Third-Party Links for your convenience only and we do not review, approve, monitor, endorse, warrant, or make any representations about Third-Party Links. Your use of Third-Party Links is at your own risk.
We are not responsible for the availability or accuracy of Third-Party Links or the products, services, or content available through such links. When you click on Third-Party Links, you may leave our Website or interact with third parties that we do not control. You acknowledge that we are not responsible or liable for Third-Party Links, including the accuracy, legality, copyright compliance, or any other aspect of the content, advertising or products made available through such links.
Your dealings or interactions with any third parties through Third-Party Links are solely between you and the third party. You agree that we will not be responsible or liable for any loss or damage incurred as a result of your dealings with such third parties or your use of any Third-Party Links.
Termination
We reserve the right, with or without notice, to restrict, suspend, or terminate your access to the Website at any time for any reason or no reason. We also reserve the right to block users from accessing the Website via particular IP addresses.
Upon any termination of these Terms or suspension/restriction of your access to the Website, you understand and agree that: (a) all licenses and rights to use the Website shall end; (b) you will cease all use of the Website; and (c) you will delete any remaining cached or stored content from the Website.
Our termination of users’ access to the Website may be without cause and without notice. We specifically disclaim any liability associated with terminating users’ access to the Website in this manner.
Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the state courts located in Los Angeles County, California and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
The foregoing shall not apply to the extent that applicable law in your jurisdiction requires application of another law and/or jurisdiction and prohibits application of California law and/or jurisdiction. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TNA as a result of these Terms or your use of the Website.
Severability
If any provision of these Terms is deemed unlawful, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
Entire Agreement
These Terms constitute the entire agreement between you and TNA relating to your access to and use of the Website. These Terms supersede any prior understandings or agreements (whether electronic, oral or written) regarding your access to or use of the Website.
If you have any questions regarding these Terms, please contact us at:
TNA Apparel Inc.
Attn: Legal
5007 Sweetwood Drive
Denver, CO
[email protected]
By using this Website, you signify your understanding of and agreement to these Terms.
