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Home/Help/Terms of Use

Terms of Use

Last Updated: October 22, 2024

These Terms of Use (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”), provided by Efuego Corp. dba Tactics and its subsidiaries (“Tactics” or “we”), including Tactics.com. By clicking to indicate your acceptance or otherwise using our Services, you agree to these Terms of Use and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (“Additional Terms”). For instance, your purchase and use of Tactics gift cards is subject to our gift card terms and conditions.  To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your access to or use of the applicable feature, product or service.

1. Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.

2. User Accounts

You will need to register for an account to access some of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

3. Terms of Sale

  1. Availability and Pricing.  All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice.  Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed.  Purchases are also subject to our price matching policy and sale items policy.
  2. Taxes.  You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Services.  We will collect applicable Taxes if we determine we have a duty to collect Taxes.  We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes.  The actual Taxes charged may be adjusted from the amount shown at checkout.  Several factors may cause this, such as variances between processor programs and changes in tax rates.   We are not required to, and do not, collect Taxes in all states.  You may have a duty to directly report and pay Taxes if we do not collect such Taxes.  Please refer to our sales tax policy for important sales and use tax information.
  3. Payment.  Only valid payment methods acceptable to us may be used to complete a purchase via the Services.  You represent and warrant that you are authorized to use your designated payment method.  You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges).  If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment.
  4. Shipping; Risk of Loss.  You agree to pay any shipping and handling charges shown at the time you make a purchase.  We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase.  Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed.  Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier. 
  5. Returns.  Please see our return policy for information about returning products purchased via our Services. 
  6. Errors.  In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
  7. Limited Warranty for Tactics Products.  Certain of the products sold via our Services are manufactured by or for Tactics (“Tactics Products”) and may be subject to a limited warranty provided by Tactics. If your Tactics Product is subject to a limited warranty, the limited warranty for your Tactics Product outlines your exclusive remedies and the procedures to make a warranty claim.   If your Tactics Product is sold without a limited warranty, then it is sold “as is” and “with all faults.” That means that you bear the entire risk as to the quality and performance of the Tactics product, and if the Tactics Product has a defect, then you assume the entire cost of any necessary repair or replacement.   
  8. Remedies for Other Products.  Many of the products sold via the Services are manufactured by other companies.  The manufacturer may offer its own warranty, but unless otherwise stated on the product page, Tactics does not offer a warranty on those products. That means they are sold by Tactics “as is” and “with all faults.”  If the manufacturer offers a limited warranty for the product, it can usually be found on the manufacturer’s website or with the product packaging.  For any product sold via the Services other than a Tactics Product, you agree that your remedy is solely with the product manufacturer and not Tactics. 

4. Limited License

Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to Tactics and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Tactics and our licensors reserve all rights in and to our Services. Tactics grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

5. User Content

Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Tactics, you retain all rights in and to your User Content.  You grant Tactics a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you.   Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.

6. Prohibited Content

You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any applicable law;
  • Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Fails to clearly and prominently disclose any material connections you may have with us or third parties (for instance, in connection with a product review);
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without that third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Tactics or others to any harm or liability of any type.

7. Hyperlinks

You may create a text hyperlink to our Services for noncommercial purposes, provided such link does not portray Tactics or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited permission may be revoked at any time.  You will not use the Tactics logo or other proprietary graphic of Tactics to link to our Services without our express written permission.

8. Third-Party Content

Tactics may provide third-party content on our Services, including User Content, and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”).  Tactics does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Tactics does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content.  You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services.  Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Services are solely between you and such advertiser.  Access and use of such Third-Party Content, including the materials, products or services on or available through any third-party sites, is solely at your own risk. 

9. TACTICS REWARDS

The Tactics Rewards program is a customer loyalty program, which allows participants (“Members”) to earn Rewards ("Rewards") by making qualified purchases from Tactics stores or our website. The acquisition and use of Rewards is governed by these Terms of Use. PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING FOR OR PARTICIPATING IN TACTICS REWARDS—INCLUDING BY MAKING PURCHASES IN CONNECTION WITH THE PROGRAM OR REDEEMING REWARDS—YOU AGREE TO THESE TERMS OF USE.

We may, in our sole discretion, cancel, change, suspend or modify any aspect of Tactics Rewards (including the availability of Rewards) and/or all or any portion of these Terms of Use at any time, without notice to you. Additionally, Tactics may offer different promotions, Rewards, and/or benefits at different times and locations in conjunction with the program. We reserve the right to refuse or cancel your acquisition of Rewards at any time at our sole discretion. Your participation in Tactics Rewards, including your redemption of Rewards, is considered acceptance of these Terms of Use (including any subsequent changes or modifications), so it is important that you check these terms periodically. IF YOU DO NOT AGREE TO THE CURRENT TERMS OF USE, YOU MUST STOP PARTICIPATING IN TACTICS REWARDS. To stop participating in Tactics Rewards program, email help@tactics.com or call 888-450-5060 and an associate will help you delete your account.

In addition, this section of these Terms of Use complements and incorporates by reference the other portions of the Terms of Use, in addition to Tactics’ Privacy Policy. The terms of this section shall apply in the event of any conflicts.

Eligibility and Enrollment. Tactics Rewards is offered only to legal residents of the United States and U.S. Territories. You must be (13) years of age or older to join. If you are between 13 and 18 years, you may only join if you have obtained permission from your parent or legal guardian.

Individual Use; No Transfer.  Rewards are personal to you, and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You cannot combine your benefits with the benefits accrued by any other person. Rewards may not be earned or redeemed by bulk commercial buyers.

Registration and Account Access. Each customer account must be associated with an email address or a phone number. Creating a customer account on the Site (“Account”) will automatically enroll you to be a Member of the Tactics Membership Program (the “Program”). You agree to provide true, accurate and current contact information, and we are not responsible for your inability to receive or redeem benefits or other loss if you fail to do so. You are responsible for all activities that occur under your account. You are also responsible for maintaining the security of your account and password and making sure that no one besides you has access.

Earning Rewards. Members receive Rewards on qualifying full price Tactics purchases. Rewards are calculated based on purchase price for merchandise minus coupons, and discounts, and before taxes, shipping costs, or other fees are applied.

The following restrictions apply for earning Rewards:

  • Rewards will not be awarded for purchases made prior to enrollment in Tactics Rewards.
  • Rewards will not be earned for purchasing the following items (“Rewards Exclusions”): tax, shipping, gift wrap, charitable contributions, gift cards. This list may change without notice.

Rewards will be reflected on your account within seven days after online eligible purchases are shipped. For purchases made in Tactics store locations, Rewards will be reflected within seven days of eligible purchases.

We may restrict your acquisition, use, and redemption of Rewards in any manner, at our sole discretion subject to applicable laws. We reserve the right to change the way you may acquire Rewards or to discontinue Tactics Rewards at any time subject to applicable laws. We reserve the right to expire Rewards after three hundred sixty-five (365) days of inactivity, except if otherwise required by law. We may restrict your ability to obtain or redeem your Rewards based on your place of residence.

You must ensure that we properly post your Rewards to your Rewards account. If you believe that you have validly acquired Rewards that we have not posted to your account, you must contact us at help@tactics.com or call 888-450-5060 within ninety (90) days after the date you claim to have acquired those Rewards. We may require reasonable documentation to support your claim.

Rewards will be automatically reflected on your account in either “points” or dollar value form after eligible purchases.

Rewards Redemption. You can redeem Rewards online by logging into your account. At this time Rewards may not be redeemed in store, but this may change in the future without notice. In some cases, Rewards may exceed the cost of the purchase. If you choose to apply your Rewards to such purchases, you may forfeit the unused portion of the Rewards. Rewards will be applied to your purchase after any discounts and before tax. Additional restrictions may also apply. Tactics employees cannot combine Rewards with their employee merchandise discount.

UNUSED REWARDS EXPIRE AFTER 30 DAYS FROM THE DATE OF ISSUANCE unless otherwise noted. Expiration terms may change at any time at the sole discretion of Tactics. Rewards may not be used toward the purchase of Rewards Exclusions. They may not be used in the same purchase in which they were earned. Rewards cannot be redeemed for cash or a cash equivalent, applied to past purchases (even if made on the same day), or used for purchasing gift cards. Unless and until you redeem your Rewards according to these Terms of Use by applying Tactics Rewards to a transaction at a Location or online through the Services, you do not have any right, title, or interest in your Rewards. We may restrict your acquisition, use, and redemption of Rewards in any manner, at our sole discretion subject to applicable laws. Additional local exclusions may apply.

Returns and Cancellations. Returns are subject to Tactics' Return/Exchange policies.

 If you void or return a purchase for which you received Rewards, those Rewards will be deducted from your account at the time of return. If the Rewards have already converted into a Reward before the item is returned, we reserve the right to remove the Reward from your account, and revert any balance in Rewards to the account after subtracting Rewards earned from the returned merchandise.

If you return merchandise purchased with Rewards, the dollar value of the Rewards allocated to the item(s) returned will be reinstated to your account.

No Cash Value. Rewards and Rewards have no "real-world" or cash value. They are purely promotional.

Taxes. You are responsible for all applicable taxes, duties, or other governmental fees (collectively, "taxes") payable in connection with your acquisition, redemption, or use of Rewards or Rewards. If you do not pay the required taxes, you will be responsible for all payments of taxes that are later determined to be due. We reserve the right to collect applicable taxes from you at any time.

Voluntary Account Deactivation. If you voluntarily deactivate your account and have a remaining balance of Rewards, those Rewards will be expired.

Suspended Accounts. If you violate these Terms of Use, we may suspend or cancel your access to and ability to earn or use your Rewards or Rewards. We also may suspend or cancel your access to and ability to use your Rewards and Rewards if we suspect fraudulent, abusive or unlawful activity associated with your account. Tactics reserves the right to deny or terminate membership for any reason, and at our discretion.

10. Email Communication

By making a purchase on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services.  You agree to receive such communications from us.  Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).

11. Text Message

By choosing to receive text messages from us (e.g., SMS and MMS), you agree to receive automated promotional and personalized marketing texts (text messages from Tactics, including cart reminders, that may be sent using an automatic telephone dialing system), to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message & Data rates may apply.

Message frequency varies. Tactics also reserves the right to change the short code or phone number from which messages are sent.

Not all mobile devices may be supported and our messages may not be deliverable in all areas or by all mobile carriers. Tactics, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at help@tactics.com or 888-450-5060. If you have any questions regarding privacy, please read our Privacy Policy.

12. Text Message Cancellation / Opt-Out

To stop receiving text messages from Tactics, simply text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT in response to any text message you receive from us. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Tactics and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Tactics through any other programs you have joined until you separately unsubscribe from those programs.

13. Representations; User Data; Security

In consideration of your use of any of the Sites and the Services, you represent and warrant that you are of legal age to form a binding contract. In consideration of your use of any of the Sites and Services, you agree to:

  • provide accurate, current and complete information about you as may be prompted by any Merchandise order form or other forms on the Sites ("User Data");
  • maintain and be solely responsible for the security of your User Data; and
  • accept all risks of unauthorized access to or use of your User Data and any other information you provide to Tactics.

 

14. Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Tactics or our products or Services (collectively, “Feedback”), is non-confidential and Tactics will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

15. Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Tactics as follows: 

Address:           Tactics, Attn: Legal, PO Box 1473, Eugene, OR  97440                            

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Tactics for certain costs and damages.

16. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Tactics, our affiliates, and each of our and their respective officers, members, managers, directors, agents, partners and employees (individually and collectively, the “Tactics Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services, including your conduct in connection with our Services; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify Tactics Parties of any third-party Claims, cooperate with Tactics Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees).  You also agree that the Tactics Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the Tactics Parties.

 

 

17. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND TACTICS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND TACTICS FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND TACTICS AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. TACTICS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.


(a)        Informal Dispute Resolution Prior to Arbitration. For any dispute or claim that you have against Tactics, that Tactics has against you, or that you have or Tactics has arising from or relating to these Terms, our products or our Services, or any aspect of the relationship between you and Tactics as relates to these Terms, our products, or our Services, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and Tactics agree to attempt to first resolve the Claim informally via the following process:

  • If you assert a Claim against Tactics, you will first contact Tactics by sending a written notice of your Claim (“Claimant Notice”) to Tactics by certified mail addressed to Tactics HQ, 375 W 4th ave STE 202, Eugene, OR 97401 or by email to privacy@tactics.com. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
  • If Tactics asserts a Claim against you, Tactics will first contact you by sending a written notice of Tactics’ Claim (“Tactics Notice”), and each of a Claimant Notice and Tactics Notice, a (“Notice”) to you via email to the primary email address associated with your account. The Tactics Notice must (i) include the name of a Tactics contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
  • If you and Tactics cannot reach an agreement to resolve the Claim within thirty (30) days after you or Tactics receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Tactics first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.

(b)       Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or Tactics, including any disputes in which you or Tactics seek injunctive or other equitable relief for the alleged unlawful use of your or Tactics’ intellectual property or other infringement of your or Tactics’ intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 17(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

(c)        Federal Arbitration Act.  These Terms affect interstate commerce, and the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

(d)       Arbitration Procedure.  All Claims must be submitted to the American Arbitration Association (the “AAA”) and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA.
The then-current version of the AAA’s Consumer Arbitration Rules, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and Tactics:

  • YOU AND TACTICS AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND TACTICS ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedure to govern if twenty-five (25) or more similar or coordinated claims are asserted against Tactics or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
  • For any arbitration you initiate, you will pay the consumer filing fee, and Tactics will pay the remaining AAA fees and costs. For any arbitration initiated by Tactics, Tactics will pay all AAA fees and costs.
  • For all arbitrations where the Claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator.
  • If you or Tactics submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Tactics agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Tactics agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
  • The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
  • The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Tactics or against you by the same or coordinated counsel or are otherwise coordinated.
  • In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Tactics understand and agree that when twenty-five (25) or more similar claims are asserted against Tactics or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Tactics’ Claim might be delayed. For such coordinated actions, you and Tactics also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Tactics shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process.  A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
  • This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. 
  • The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Tactics’ case is selected for a bellwether process, withdrawn, or otherwise resolved. 
  • A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Tactics or you.

(e)        One Year to Assert Claims.  To the extent permitted by law, any Claim by you or Tactics relating in any way to these Terms, our products or our Services, or any aspect of the relationship between you and Tactics as relates to these Terms, our products, or our Services, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Tactics will not have the right to assert the Claim.

(f)        Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at privacy@tactics.com or by certified mail addressed to Tactics HQ, 375 W 4th ave STE 202, Eugene, OR 97401. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.

(g)       Rejection of Future Arbitration Changes.  You may reject any change we make to Section 17 (except address changes) by personally signing and sending us notice within 30 days of the change via email at privacy@tactics.com or by certified mail addressed to Tactics HQ, 375 W 4th ave STE 202, Eugene, OR 97401. If you do, the most recent version of Section 21 before the change you rejected will apply.

(h)       Severability. If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 17 or the parties’’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.

(i)        Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section 17 of the Terms or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

18. Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Oregon, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Lane County, Oregon. 

 

19. Disclaimers

We do not control, endorse or take responsibility for any Third-Party Content available via our Services. Your use of our Services is at your sole risk.  Except as otherwise provided in these Terms (including any limited warranty applicable to a Tactics Product), our Services and the products purchased via our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except that if Tactics provides an express limited warranty for a Tactics Product, the implied warranties are limited to the term of that limited warranty. In addition, Tactics does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Tactics attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. Except as otherwise provided in these Terms, you assume the entire risk as to the quality and performance of the Services and the products you purchase via the Services.

20. Limitation of Liability

  1. The Tactics Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental or special damages arising out of or in any way related to these Terms or our Services (including the products purchased via our Services), even if Tactics or the other Tactics Parties have been advised of the possibility of such damages.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
  2. The total liability of the Tactics Parties for any claim arising out of or relating to any product purchased via the Services will not exceed the greater of $100 or the purchase price of that product.  For all other claims arising out of or relating to these Terms or our Services, the total liability of Tactics Parties is limited to $100. 
  3. The limitations set forth in this section will not limit or exclude liability for personal injury or property damage caused by a product you purchased via the Services or the gross negligence, fraud, or intentional, willful, or reckless misconduct of the Tactics Parties or for any other matters in which liability cannot be excluded or limited under applicable law.

21. Release

To the fullest extent permitted by applicable law, you release the Tactics Parties from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

22. Export Compliance

All or part of our Services or the products purchased via our Services may be subject to U.S. export control, customs or economic sanctions laws (“Export Controls”).  You agree to comply with all Export Controls as they relate to your receipt and use of our Services and the products purchased via our Services. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. 

23. Government Users

This section applies only if you are acting on or behalf of an agency of the U.S. government.  If acquired by any agency of the U.S. government, such agency acknowledges that: (a) any software obtained in connection with the Services (such as our mobile apps) constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency's rights are limited to those specifically granted under these Terms.

24. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

25. Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms and any applicable Additional Terms constitute the entire agreement between you and Tactics relating to your access to and use of our Services. The failure of Tactics to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.  You agree that communications and transactions between us may be conducted electronically.

26. Changes to Terms

We may make changes to these Terms from time to time.  If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services. 

27. Contact

If you have any questions or concerns regarding the Services or these Terms, please contact Tactics at: Tactics, Attn: Legal, PO Box 1473, Eugene, OR 97440.