Tommy’s Girl Terms & Conditions

Please read the following terms and conditions of use carefully before using this website.  The company referenced on this page is Tommy’s Girl. All users of this site must agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site.

COPYRIGHT
The entire content included on this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws. All works found on the site are the property of TOMMY’S GIRL LLC dba TOMMY’S GIRL. That includes collaborations and limited-edition items that are licensed to the site. Copyright 2022, ALL RIGHTS RESERVED. 

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with or purchasing products. Depending on the restrictions or limitations associated with specific material, you may display and download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with or to purchase products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names used in the site are trademarks or registered trademarks of TOMMY’S GIRL.
 
Warranty Disclaimer
All materials and products on this site are provided "as is" and without warranties of any kind, either express or implied. All warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed to the fullest extent allowed by applicable law. Please note that this is not a representation or warranty that the functions contained in the site will be uninterrupted or error-free, that any defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components. We do not make any statements or warranties regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise regarding their correctness, accuracy, adequacy, usefulness, timeliness, reliability or any other aspect. In some states, limitations or exclusions on warranties are not allowed, so you may not be able to apply the above limitations if you live in those states.

Limitation of Liability
As a result of the use of the products, or the inability to use the materials on this site, or the performance of the products, TOMMY’S GIRL shall not be liable for any special or consequential damages resulting from the use of the products or the inability to use the materials on this site. Even if it has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability, or incidental, and consequential damages. So, the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that an incorrect price is listed for a product, the company reserves the right to refuse or cancel orders placed for the product. Orders may also be refused or canceled by the company regardless of whether credit cards have been charged and confirmation has been received. If your credit card has already been charged for the purchase and your order is canceled, the company shall issue a refund to your credit card account in the amount of the incorrect price.

Term Termination
By accessing the site and/or completing the registration or shopping process, you agree to these terms and conditions. These terms and conditions or any part of them may be terminated without notice at any time for any reason. Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous provisions shall survive any termination.

Notice
May deliver notice to you by means of e-mail, a general notice on the site, social media, or by other reliable method to the address you have provided to us.

Miscellaneous
You acknowledge and agree that your use of this site shall be governed by all the laws of the state of Texas, U.S.A., regardless of any choice of law provisions. This is in addition to the 1980 U.N. Convention on contracts for the international sale of goods. In any legal proceeding arising directly or indirectly from or relating to this site (including but not limited to the purchase of products), the state or federal courts located in Dallas County, Texas will have jurisdiction. We hereby make it clear that any cause of action or claim that you may have with respect to the site (including, but not limited to, the purchase of products) must be commenced within one (1) year from the date the claim or cause of action arises. It is understood that failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right therein. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. May assign its rights and duties under this agreement to any party at any time without notice to you.

Use of Site
The use of obscene or abusive language or any other form of harassment on this site, including through email, chat, or through the use of obscene or abusive language, is strictly prohibited. It is prohibited to impersonate anyone on the site, including a licensed employee, host, or representative of the site, as well as other members or visitors on the site. You may not: upload to social media platforms, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense. You may not violate the rights of any party or it may otherwise turn into a liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organizations.

Participation Disclaimer
This does not and cannot review all communications and materials posted to or created by users accessing the site. The content of these communications and materials is not the responsibility of this company. By allowing you to view and distribute user-generated content on the site, it merely acts as a passive conduit for such distribution and assumes no responsibility or liability related to any content or activity on the site. In its sole discretion, we may block or remove communications or materials deemed to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of another's copyright, trademark, or other intellectual property rights, or (d) offensive or otherwise unacceptable to us.
 
Indemnification
By using this site, you agree to indemnify and defend: The Company's officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages, and costs. This also includes reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
 
Third-Party Links
Occasionally, we link to sites operated by third parties to provide enhanced value to our visitors. Although TOMMY'S GIRL may be affiliated with the third party, we have no control over these external sites. These linked sites all have their own privacy and data collection practices, independent of TOMMY'S GIRL, regardless of whether they are affiliated with TOMMY'S GIRL or not. You are accessing these linked sites at your own risk, because they are provided for your convenience only. Nevertheless, we strive to protect the integrity of the website, the links that are placed on the site, as well as the privacy of our customers. Please let us know if you have any feedback not only about the site, but also about any of the links we have included on the site (including if a specific link does not work)

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

TOMMY'S GIRL (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://tommys-girl.com/policies/privacy-policy.html (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1.   User Opt-In: The Program allows Users to subscribe to SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you choose to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 

2.   User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that TOMMY'S GIRL and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3.   Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products and services. Messages may include checkout reminders. 

4.   Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5.   Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@tommys-girl.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

6.   MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7.   Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8.   Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9.   Age Restriction: You may not access or participate with the Platform if you are under thirteen (13) years of age. If you participate in or interact with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to access or interact with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to access and/or interact with the Platform.

10.  Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
 
11.   Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Dallas, Texas before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which TOMMY'S GIRL principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

The parties agree that each may bring claims against the other only in an individual capacity via arbitration and not as a plaintiff or class member in any purported class or representative arbitration proceeding. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12.   State Law:
⦁ Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (include but not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-in to the Program is a Washington area code.

13.   Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary. This Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.