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.
PURCHASING A CLUBTAC MEMBERSHIPA. WEBSITE USE NOT FOR INDIVIDUALS UNDER THE AGE OF 18
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 the incredible Merchandise we hand pick to go inside your monthly boxes, we may, in our sole discretion, not accept a 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.
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. 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.
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.
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.
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.
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
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
* 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.
* 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.
* 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.
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.
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
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.
Should you have any questions regarding these Terms and Conditions of Use you may contact us here: firstname.lastname@example.org