Terms and Conditions

Last updated: July 29, 2021

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.tailgateconnect.com/ website (the "Service") operated by Tailgate Connect®, LLC. ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of any of these terms, then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you are at least eighteen (18) years of age; (ii) you have the legal right and authority to use any credit card(s) or other payment method(s) in connection with any Purchase; and (iii) the information you supply to us in connection with your Purchase is true, accurate, correct and complete. You understand and agree that the Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information regarding your Purchase either through the Service or as a result of using the Service, including the website, you grant Tailgate Connect, LLC the right and privilege to provide your information to any such third parties involved in any aspect of the processing and payment for your Purchase.

Availability, Errors and Inaccuracies

We periodically update product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on the Service as well as on other web sites where our name or the Service appears. The information found on the Service may contain errors or inaccuracies and may not be complete or current. By using the Service, you understand and agree that products or services may be mispriced, described inaccurately, or unavailable on the Service. You further acknowledge and agree that Tailgate Connect, LLC cannot and does not guarantee the accuracy or completeness of any information found on the Service or otherwise included on the website.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions, at any time and without any prior notice.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Tailgate Connect®, LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks, copyrights, and trade dress may not be used in connection with advertising, marketing, or selling, or offering for sale, any product or service without the prior written consent of the President of Tailgate Connect®, LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Tailgate Connect®, LLC. You understand and agree that Tailgate Connect®, LLC, as well as its officers, owners, agents and employees, have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We provide no warranties, express or implied, for any goods or services offered or advertised by any such third-party entities/individuals or their websites. You acknowledge and agree that Tailgate Connect®, LLC. shall not be responsible or liable, directly or indirectly, for any damages or loss, of any kind, caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Tailgate Connect®, LLC, its licensees, its licensors, and each of their respective employees, contractors, agents, officers and/or directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees, interest, compensatory damages, or punitive damages), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

Tailgate Connect®, LLC., and its directors, employees, partners, agents, suppliers, and affiliates, shall not be liable or responsible for any loss whatsoever arising from or related to your use of the Service or any website operated by us. You expressly acknowledge and agree that by using the Service, you waive any claim whatsoever, including any claim for damages, whether direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Tailgate Connect®, LLC, its owners, operators, officers, directors, employees, subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by any court, agency, or other tribunal, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

PAYMENT TERMS:

You are authorizing Tailgate Connect® to charge the credit card presented on this site for the noted amount due to us for specified date of event. This payment is for services provided to you or your company. Please contact us directly to request refunds and/or cancellations for services provided. You are certifying that you are an authorized user of this credit card and that you will not dispute the payment with your credit card company, so long as the transaction corresponds to the terms indicated in this web form. If you have any questions, concerns, or comments about our terms and conditions you may contact us directly via e-mail or by phone. We reserve the right to make changes to this policy. Any changes to this policy will be posted.

PURCHASES AND REFUNDS:

Season Pass Members:

If a Season Pass client cancels their Agreement in writing more than twenty one (14) days before the start of the season, Tailgate Connect® agrees to refund one hundred percent (100%) of the package price to client (or portion thereof that has been paid by client). In the case of a single game cancellation, a Season Pass client must give notification via e-mail or phone no more than 48 hours prior to the date of the game to be entitled to refund equal to a single game purchase ($20)

Game Day Guest:

If a Game Day Guest client wishes to cancel a selected game, client must give notification via e-mail or phone no more than 72 hours prior to the date of the game to be entitled to a full refund less the 10% processing fee.

If you have any questions about our Refunds Policy, please contact us immediately. We recommend contacting us for assistance with refunds or if you experience any issues with assigned hosts or guests.

YOUR ACCEPTANCE OF TERMS:

By using Tailgate Connect®, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our services. Your continued use of Tailgate Connect® following the posting of changes to this policy is deemed to be your acceptance of those changes.