It is ClubTacs policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, CLUBTAC collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. CLUBTACs purpose in collecting non-personally identifying information is to better understand how CLUBTAC’s visitors use its website. From time to time, CLUBTAC may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website. CLUBTAC also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on our blogs. CLUBTAC only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses are visible and disclosed to the administrators of the blog where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to CLUBTACs websites choose to interact with CLUBTAC in ways that require CLUBTAC to gather personally-identifying information. The amount and type of information that CLUBTAC gathers depends on the nature of the interaction. CLUBTAC collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with CLUBTAC. CLUBTAC does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

CLUBTAC may collect statistics about the behavior of visitors to its websites. CLUBTAC may display this information publicly or provide it to others. However, CLUBTAC does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

CLUBTAC discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on CLUBTACs behalf or to provide services available at CLUBTACs websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using CLUBTACs websites, you consent to the transfer of such information to them. CLUBTAC will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, CLUBTAC discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when CLUBTAC believes in good faith that disclosure is reasonably necessary to protect the property or rights of CLUBTAC, third parties or the public at large. If you are a registered user of a CLUBTAC website and have supplied your email address, CLUBTAC may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with CLUBTAC and our products. We primarily use our blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. CLUBTAC takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. CLUBTAC uses cookies to help CLUBTAC identify and track visitors, their usage of CLUBTAC website, and their website access preferences. CLUBTAC visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using CLUBTACs websites, with the drawback that certain features of CLUBTACs websites may not function properly without the aid of cookies.

Business Transfers

If CLUBTAC , or substantially all of its assets, were acquired, or in the unlikely event that CLUBTAC goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of CLUBTAC may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by CLUBTAC and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, CLUBTAC may change its Privacy Policy from time to time, and in CLUBTACs sole discretion. CLUBTAC encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing and/or using the website, completing the registration process, ordering a shipment, purchasing products, or using the services, you acknowledge, represent, and warrant that you have read, understand, and agree to be bound by these Terms and Conditions of Use, that you are of legal age to form a binding contract with ClubTac, and that you have the authority to enter into the Terms and Conditions of Use (on behalf of yourself or any entity that you represent). If you do not wish to be bound by these Terms and Conditions of Use, you may not access or use services or order or purchase any shipments.

THE TERMS AND CONDITIONS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

ClubTac expressly reserves the right to revise and/or update these Terms and Conditions of use at any time. By agreeing to these Terms and Conditions of use, you are responsible for reviewing the Terms and Conditions each time you use the website and understand and agree that any use of the ClubTac website constitutes an acceptance of any changes to the Terms and Conditions of Use, as well as the Privacy Policy.

TERMS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing and/or using the website, completing the registration process, ordering a shipment, purchasing products, or using the services, you acknowledge, represent, and warrant that you have read, understand, and agree to be bound by these Terms and Conditions of Use, that you are of legal age to form a binding contract with ClubTac, and that you have the authority to enter into the Terms and Conditions of Use (on behalf of yourself or any entity that you represent). If you do not wish to be bound by these Terms and Conditions of Use, you may not access or use services or order or purchase any shipments. THE TERMS AND CONDITIONS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. ClubTac expressly reserves the right to revise and/or update these Terms and Conditions of use at any time. By agreeing to these Terms and Conditions of use, you are responsible for reviewing the Terms and Conditions each time you use the website and understand and agree that any use of the ClubTac website constitutes an acceptance of any changes to the Terms and Conditions of Use, as well as the Privacy Policy. These Terms of Use are subject to occasional revision, and if we make any material changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any). We will notify you of any changes to our Terms of Use by posting the new Terms of Use here on this page. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will constitute effective notice of the changes described in the notice. Any changes to these Terms of Use will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable). These changes will be effective immediately for new users of the Services. Continued use of the Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. PLEASE REGULARLY CHECK OUR TERMS AND CONDITIONS TO VIEW THE CURRENT TERMS OF USE.

PRIVACY

We respect your privacy is important. Thus, we have created a Privacy Policy here that describes our practices with regard to collection, use, and disclosure of any personal information you provide to us. Please review our Privacy Policy to learn more about how we collect, use and disclose the information you provide to us or we otherwise learn about you through use of the Services, including how we market our services.If you choose to opt-in by clicking the notification disclosure check box upon checkout, you agree to be contacted via automatic telephone dialing system, by artificial/pre-recorded message, or by text message from ClubTac Supply Crates LTD at the telephone number you provide for shipping notifications and marketing. You understand that your consent to receive communications in this way is not required as a condition of purchasing any goods or services. You also agree that the information you provide will be used to provide you with tactical related offers and as otherwise set forth in the Privacy Policy. You understand and have read the Terms of Use and agree to be bound by them.

PURCHASING A CLUBTAC MEMBERSHIP

A. WEBSITE USE NOT FOR INDIVIDUALS UNDER THE AGE OF 18

The ClubTac website is available to registered and unregistered users who are 18 years of age and older and who have not been suspended or removed by ClubTac for any reason. ClubTac reserves the right to revoke the ability to access the products and services offered on the website for any reason at any time, including as a result of a violation of the Terms and Conditions of Use or the Privacy Policy, without notice. By placing an order through the website, you represent that you are at least 18 years old or the age or majority (whichever is older) and that the person to whom the Merchandise will be delivered is also the age of majority. ClubTac reserves the right to request any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing Merchandise may require further the signature of an adult possessing valid picture identification issued by a government agency providing that he or she is at least 18 years old or the age or majority, whichever is greater. Use of the website is void where prohibited by law.

B. PLACING AN ORDER THROUGH THE WEBSITE

All subscription orders placed through the Website are subject to ClubTac’s acceptance. After your subscription order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your subscription order. Rather, we are only confirming our receipt of your subscription order. ClubTac may refuse to accept or may cancel any subscription order, whether or not the subscription order has been confirmed, for any or no reason at all, and without liability to you or anyone else. If your payment card or payment method has already been charged for a subscription order, and no monthly box has been shipped to you for that most recent charge, and is later cancelled by ClubTac, we will issue you a refund. If you do not receive confirmation that your subscription order has been placed, please contact our Customer Service Department at 855-CLUBTAC , 855-258-2822 or Support@ClubTac.com. Your subscription order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your subscription order. Processed subscription orders will be shipped according to the terms of our shipping policies, which are summarized herein.
While we want everyone to be able to enjoy our the incredible Merchandise we hand pick to go inside your monthly boxes, we may, in our sole discretion, not accept an subscription order or limit or cancel quantities purchased per person, per household or per subscription order. Some reasons we may do so include, but are not limited to, the following:
1. Subscription Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors of merchandise.
2. Subscription Orders that appear to be shipped to a freight forwarding company for reshipment.
3. Subscription Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. We cannot process Subscription Orders for several reasons including, but not limited to:
1. Incorrect credit or debit card information such as a card number, expiration date and card security value;
2. Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
3. Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.
4. Subscription Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent subscription orders from customers with a previous fraudulent order history.
5. Orders connected to previous credit card disputes.

C. WEBSITE SALES & SUBSCRIPTION PRICES

We reserve the right to modify the prices charged for our Subscriptions, or to add or remove any Subscriptions from the Website at any time without prior notice to you. Membership price quotes and any promotional offers provided to you prior to any price modification shall be honored. Any active Memberships that are no longer offered as a new subscription shall be honored, and be considered “grandfathered” in. Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of certain membership subscriptions and/or resources, participation in certain events or programs, and/or to specific portions or features of the Website, all of which are made a part of this TOU by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a membership subscription and/or use or participate in any event or program, service, or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Website, including any areas to enable the on-line purchase of subscription memberships or for any program, event or service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website. ClubTac’s obligations, if any, with respect to its services, events, programs, and/or subscription memberships are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such terms, conditions, notices, and agreements.

D. SHIPPING POLICY

All monthly boxes/crates are shipped by ClubTac’s sole discretion as to what service is used to ship to the address you provide at the point of sale. At many times the cost of shipping exceeds what you as a ClubTac member actually pay for shipping to ClubTac. All monthly boxes/crates that are shipped have a set Membership Subscription Rate (based on Monthly, Quarterly, Semi-Annually or Annually) and are also based on your ClubTac Membership type (Standard, Pro, Premium or Legendary). CLUBTAC STANDARD MEMBERSHIP Boxes/Crates have a shipping rate between $13.95 - $15.95 per shipment per month – depending on the weight of the box/crate, the size of the box/crate, the postal carrier chosen to ship the box/crate, and finally the destination of the box/crate. CLUBTAC PRO MEMBERSHIP Boxes/Crates have a shipping rate between $13.95 - $18.95 per shipment per month – depending on the weight of the box/crate, the size of the box/crate, the postal carrier chosen to ship the box/crate, and finally the destination of the box/crate. CLUBTAC PREMIUM MEMBERSHIP Boxes/Crates have a shipping rate between $19.95 - $26.95 per shipment per month – depending on the weight of the box/crate, the size of the box/crate, the postal carrier chosen to ship the box/crate, and finally the destination of the box/crate. CLUBTAC LEGENDARY MEMBERSHIP Boxes/Crates have a shipping rate between $48.95 - $63.95 per shipment per month – depending on the weight of the box/crate, the size of the box/crate, the postal carrier chosen to ship the box/crate, and finally the destination of the box/crate. All monthly membership rates are separate from shipping rates, and it is understood that the shipping rates itemized above are added to the monthly membership rate you have contracted with ClubTac to pay. Please be advised that shipments are not sent out on Saturdays, Sundays, or any U.S. Federal Holidays. We do not guarantee arrival dates or times.

We are not responsible for address changes or incorrect addresses. Customers will be charged an additional amount of $13.95 for re-shipping in the event of an error, as it is the customer's responsibility to provide an accurate shipping address. Crates are shipped the 5th and the 14th of the month. If you've placed your order between the 1st - 10th of the month, your crate will be shipped on the 14th of that month. If you place your order after the 11th of the month, your crate will be shipped on the 5th of the following month..

E. REFUND & RETURN POLICY

Please understand, we have meetings with former U.S. Navy Seals, U.S. Marines, Eagle Scout Survival Experts, and Technology Specialist that design, plan, and prepare your monthly box or crate will be filled with merchandise you want, love, and need. We also understand that everyone has different likes, different opinions and different mindsets.

ClubTac does not guarantee any specific item or any specific product will be included in any crate/box. We strive to ensure the MSRP retail value of all items totaled together inside your crate/box equal 2x or 3x the purchase price of your crate/box, if all individual items or products were purchased separately from the items or products retailer directly. You as a member do not have control over any items or products received inside your monthly crate/box, nor can you request your crate/box have specific items or products inside it. You may also not request that your monthly membership with ClubTac be contingent upon certain or specific items or products be included in it.

Please understand there may be some monthly crates/boxes that you receive that you are extremely satisfied with, and other monthly crates/boxes that you may be dissatisfied with. To ensure the most likelihood of satisfaction of all your monthly crates/boxes we ask that you update your general preferences, favorite categories and your personal sizes within your account profile. Regardless if you choose to select customizations inside your profile or not, you agree and understand that ClubTac will try to put a variety of gear and items inside each and every monthly box or crate that includes something for generally everyone. Regardless if it’s a hardcore Mil-Tec Bullet Proof armor chest plate, a ballistic testing kit or all the way down to a MRE Meal package or firewood starter, we will always attempt to make you happy and accept your opinions and feedback. Therefore, we try to put a variety of gear and items inside each and every monthly box or crate that includes something for everyone.

Due to the advanced bulk ordering our company endures while preparing the estimated shipments for the upcoming month, we are unable to issue refunds on orders. You may however immediately pause or cancel your subscription 24 hours a day, 7 days a week by logging into your Account HERE. Pausing your account will stop future billing and will also stop future crates/boxes from being shipped to you. For any members that received a discount for paying semi-annually or annually, pausing or cancelling your account only pauses or cancels the auto renewal or the original term. It does NOT initiate a refund for the remainder of a term or the original order.

For any ClubTac memberships that joined ClubTac on a Free-Trial, Risk-Free Trial, 14-Day Trial, or 1st Month Free Promotion, please note that we are not responsible for any returned Merchandise that gets lost or stolen while in transit to us. We recommend all returned Merchandise be sent using some type of delivery confirmation system to ensure proper delivery. Failure to use the Merchandise does not constitute a basis for refusing to pay any associated charges.
For any questions regarding this policy please feel free to contact us at 855-CLUBTAC or 855-258-2822.

F. REVERSALS AND CHARGEBACKS/DISPUTES

We consider billing charge backs and billing reversals as potential cases of fraud. Fradulent use of our services and/or theft of services and as such will be treated as such and prosecution will occur. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and/or theft of services.

G. BILLING & MEMBERSHIP SUPPORT

If you have any questions, please contact Our Customer Service Department toll-free at 855-CLUBTAC / 855-258-2822, or email us at Support@ClubTac.com. When emailing us, please include your full name and address, as well as the name of the ClubTac Membership Rank and Subscription ID#. Our Customer Service Department is open Monday-Friday 9am-5pm Eastern Standard Time.

THE MONTHLY/QUARTERLY/SEMI-ANNUAL/ANNUAL SUBSCRIPTION CONTRACT BETWEEN YOU AND CLUBTAC

ClubTac offers four (4) different re-billable subscriptions (“Subscriptions”). By purchasing a Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to pausing/cancellation. Your subscription will be automatically extended for successive monthly periods (or whichever frequency you choose) and your payment method will automatically be charged for each successive monthly period at the then-current selected subscription rate. Your credit card will be charged on the date of your subscription sign up, and on the same date of each month thereafter. You’ll be shipped your box of gear within 2-5 business days of your initial subscription date. On that same date of each month thereafter you’ll be re-billed whichever membership rate you selected and shipped a new box of gear on your same subscription anniversary date. ClubTac will charge the credit card you used to create your monthly renewal subscription or as otherwise directed by you. The amount that we charge your credit card depends on the ClubTac membership you chose.

For any discounted Semi-Annual or Annual Subscriptions, pre-payment at a discounted rate ensures all of your boxes will be shipped and gear will be allocated to those shipments. At the time of a Semi-Annual or Annual purchase, shipping will be charged ONLY for the 1st initial shipment, along with the discounted pre-payment of your future term of boxes. Shipment charges will be charged separately for all future shipments of your Semi-Annual or Annual Subscription.

To pause or cancel your Monthly Subscription at any time, you must log-in to your account, click on the “Modify Club Membership”button at the bottom of the “My Account” box, click your membership type on the left hand side, and on the next screen confirm by clicking “Pause. If you pause/cancel, you may use your subscription until the end of your then-current subscription term. ClubTac may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before ClubTac reasonably could act.

GENERAL RULES OF USER CONDUCT

You agree not to use (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempt to interfere with the proper functioning Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.

ENFORCING SECURITY ON OUR WEBSITE.

Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. ClubTac reserves the unqualified right to view, monitor, and record activity on the Website without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Website is subject to review by law enforcement organizations in the sole and absolute discretion of ClubTac. ClubTac will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, ClubTac reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Website or any portion thereof.

DISCLAIMER – NO PROFESSIONAL ADVICE

Any information provided by ClubTac regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the website. Use of the website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend ClubTac, its affiliates, and respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs, and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the website, your violation of these Terms and Conditions or the Privacy Policy, content posted to the website by you, or your violation of any law or the rights of a third party.

RELEASE

You hereby release ClubTac, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Services; or (ii) your purchase of any Products. You hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” and you waive any other similar provision of the laws of any other applicable jurisdiction.

RISK OF LOSS

Any merchandise purchased from ClubTac will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

SEVERABILITY

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

WAIVER; REMEDIES

The failure of ClubTac to partially or fully exercise any rights or the waiver of ClubTac of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by ClubTac or be deemed a waiver by ClubTac of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of ClubTac under these Terms and any other applicable agreement between you and ClubTac shall be cumulative, and the exercise of any such right or remedy shall not limit ClubTac’s right to exercise any other right or remedy.

GOVERNING LAW

The laws of the State of Delaware shall govern these Terms without regard to conflict of laws provisions.ClubTac is trademarked under the USPTO and is owned and operated by ClubTac Supply Crates LTD at 16192 Coastal Hwy. Lewes, DE 19958

DISPUTES

Any dispute relating in any way to your access or use of the ClubTac website, to the products you purchase through the website (including all Monthly Subscriptions), or to you relationship to ClubTac shall be submitted to confidential arbitration in Delaware; provided, however, that to the extent you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Delaware. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of Delaware. Arbitration under these Terms and Conditions will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this website or these Terms and Conditions must be filed within one (1) year after such claim of action arose or be forever banned. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU AND CLUBTAC AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ORREPRESENTATIVE PROCEEDING. Further, unless both you and ClubTac agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

THIRD PARTY PRODUCTS, SERVICES & LINKS

The ClubTac Website, in its sole and absolute discretion, may post the third party advertisements and/or provide links to other third party websites that feature materials, programs, events, products, and services provided by third parties. You acknowledge that ClubTac is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. ClubTac makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, events, products, and services or any other materials, programs, events, products, and services which you may access through such third party materials, products, and services. Moreover, links and/or advertisements for third party goods or services do not imply an endorsement with respect to any third party website or the products or services provided by any third party. Your correspondence or any other dealings with third parties found on this Website are solely between you and such third party and subject to the third party websites’ terms of use and privacy policies. ClubTac expressly disclaims responsibility and liability for all third party provided materials, programs, events, products, and services contained on or accessed through the Website, and you agree that ClubTac shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with your use of or reliance on any such content, materials, products, and/or services available on such external sites or resources. In the event you decide to access or use any of these other web sites or resources, you agree you do so at your own risk.

MISCELLANEOUS

* Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of Delaware, without regard to its principles of conflicts of law. Should the arbitration provision below be found to be inapplicable or unenforceable, you consent and submit to the exclusive jurisdiction of the state and federal courts located in New Castle, Delaware, United States of America, in all questions and controversies arising out of your use of the Website and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Website must be brought within two (2) years from the date on which such claim or action arose or accrued. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU or ClubTac services, materials, events and/or products accessed or purchased through this Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Website is controlled and operated by ClubTac from its offices and facilities within the United States. ClubTac makes no representation that the Website is appropriate or available for use in other locations, and access to the Website from territories or nations where any aspect of the Website is illegal is hereby expressly prohibited. You access the Website solely on your own volition and are responsible for compliance with all applicable local laws.
* Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
* Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
* Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimers and the liability limitations set forth above, then that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect. Further, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by ClubTac in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
* Assignment. We may perform any of our obligations of exercise any of our rights under these Terms of Use through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under control with us). If ClubTac, or its assets, are acquired by another entity, then that entity will assume our rights and obligations as described in this Agreement. You may not assign your rights or obligations under these Terms of Use, by operation of law or otherwise, without prior written consent. Notwithstanding the foregoing, ClubTac may assign this Agreement in whole or in part. Moreover, ClubTac may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement.
* Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
* No Waiver. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by ClubTac of any right or provision under this Agreement shall be deemed a waiver of the same right or provision under this Agreement at any other time.
* Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
* Complete Agreement. No joint venture, partnership, employment, or agency relationship exists between you and ClubTac as result of this TOU or your utilization of this Website. This TOU, ClubTac’s Privacy Policy, and any related or associated product purchase, service, or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and ClubTac with respect to use of the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and ClubTac with respect to this Website.
* Modifications. ClubTac reserves the right to change or discontinue, temporarily or permanently, the Website as a whole and any or all of the Website features, products, prices of products, services or information appearing on, or available through, any or all of the Website with or without notice to you, and any of the provisions posted herein. You agree to review these terms and conditions each time you visit the Website. You agree that ClubTac shall not be liable to you or any third party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself. Your continued use of the Website following any changes to these terms and conditions constitutes your acceptance of such changes. ClubTac does not and will not assume any obligation to provide you with notice of any change to this document. Unless accepted by ClubTac in writing, these terms and conditions may not be amended by you.

CONTACT INFORMATION

ClubTac Supply Crates LTD
16192 Coastal Hwy. Lewes, DE 19958
If you have questions regarding this Website or if you are interested in obtaining more information concerning ClubTac and its products or services or permission to use any ClubTac content, please contact ClubTac at 855-CLUBTAC or Support@ClubTac.com
© 2019 ClubTac.

NOTICE

Any notice required to be given under this Agreement to you may be provided to you by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that you provided to us and shall be deemed delivered once sent. Notices by customers to ClubTac must be sent in writing to the following address: ClubTac Supply Crates LTD, Attention: Compliance, 16192 Coastal Hwy. Lewes, DE 19958

Force Majeure

ClubTac shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the ClubTac’s performance.

THIRD PARTY WARRANTIES & REPRESENTATIONS

From time to time, ClubTac’s affiliates may endorse, promote or suggest services and/or products. ClubTac’s affiliates recommendations will be based solely on ClubTac’s affiliates determination that the service/product is of value to Users based on a review thereof by ClubTac’s affiliates, and/or ClubTac’s relationship with the provider/producer of such service/product and/or ClubTac’s affiliates prior usage of such service/product. ClubTac’s affiliates may be compensated for its recommendations. ClubTac’s affiliates may receive sample services/products for the purpose of conducting a review thereof.

QUESTIONS

Should you have any questions regarding these Terms and Conditions of Use you may contact us here: support@clubtac.com

Unfortunately, because we purchase our products based on PAID subscribers, we cannot issue refunds. You can, of course, cancel or pause, whenever you like, by either calling us directly at 1-855-CLUBTAC or by logging online 24 hours a day through your online account (on ClubTac.com), or by downloading the FREE iPhone app available on the Apple App Store. Please keep in mind that if you cancel or pause after you have been billed, you’ll still receive your last shipment you paid for, but no future shipments will occur.