Terms and Conditions

Tighties, Inc. (“Tighties”, “we”, “our”, “us”) owns and operates the website, www.tighties.com, the mobile version, all underlying software, and any sites we have now or in the future that reference these Terms & Conditions (collectively the “Website”). These Terms and Conditions (“Terms”) govern your access to and use of the Website. By accessing or using the Website (including all content and functionality), you signify your agreement to these Terms and any additional terms applicable to certain programs in which you may elect to participate. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR ACCESS THE WEBSITE.

  1. General Terms of Use
  2. Acceptance of Terms

PLEASE READ THESE TERMS AND THE TIGHTIES PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE USING THE WEBSITE. BY USING OR ACCESSING THE WEBSITE ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE WEBSITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE WEBSITE AND ANY CONTENT CONTAINED THEREIN. YOUR USE OF THE WEBSITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

TIGHTIES MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE WEBSITE AND/OR BY SENDING REGISTERED USERS AN EMAIL NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE WEBSITE. BY CONTINUING TO USE OR ACCESS THE WEBSITE, YOU ARE AGREEING TO THE REVISED TERMS. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Tighties or its affiliates for other products or services.

Our Privacy Policy, available at [insert URL for privacy policy], describes the collection, use, and further processing of personal information on the Website. Notwithstanding anything else to the contrary contained in these Terms, Tighties’ use of any personal information (e.g., name, address, etc.) you provide via the Website shall be governed by our Privacy Policy. By accessing or using the Website, you agree to the data practices described in the Privacy Policy with respect to personal information that may be collected, used, and disclosed in connection with you use of the Website.

You are expected to check this page from time to time to take notice of any changes Tighties has made, as those changes are binding on you.

  1. Use and Restrictions

The Website is intended for personal, non-commercial use only and may be accessed and used only by individuals who are 18 years of age or older and can form legally binding contracts under applicable laws and who are not otherwise barred from using the Website under applicable laws.

You may access and use the Website only in accordance with all applicable laws and regulations and with these Terms. You acknowledge and agree that Tighties, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Website.

You agree not to:

  • resell for commercial purposes products purchased through the Website;
  • commercially sell, resell, distribute, or frame the Website or content therein;
  • modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any content;
  • use, frame, or utilize framing techniques to enclose any Tighties trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a page) without Tighties’ express written consent;
  • collect or use any product listings or descriptions; or
  • use any meta tags or any other “hidden text” utilizing a Tighties name, trademark, or product name without Tighties’ express written consent.

When using the Website, you may not:

  • breach, attempt to breach, or otherwise bypass any security or authentication measures of the Website, the server on which Website is stored, or any server, computer, or database connected to the Website;
  • transmit into or submit to the Website any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Website, including the systems or servers which host the Website;
  • use any data mining, robots, or similar data gathering and extraction methods on the Website;
  • access or attempt to access any systems or servers on which the Website is hosted or modify or alter the Website in any way, other than for your use of the Website as expressly permitted in these Terms;
  • attack the Website via a denial or service attack or distributed denial or service attack; or
  • forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content or other information transmitted to or via the Website.

Any unauthorized use of the Website will terminate the permission or license granted by these Terms, will result in you being barred from using the Website, and may violate applicable law, including but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

  1. Copyright

The Website and its contents are the sole property of Tighties and/or its licensors and are protected by patent, copyright, trademark, and other intellectual property laws and may not be used except in accordance with these Terms or with Tighties’ express written consent. Other than as necessary for your use of the Website in accordance with these Terms, Tighties grants no other privileges or rights in the Website and its contents to you, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Website. Any content owned by Tighties’ licensors may be subject to additional restrictions. Except as expressly provided in these Terms, no part of the Website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smart phone, tablet, or other medium for publication or distribution or for any commercial enterprise, without Tighties’ express prior written consent.

If you print, copy, or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at Tighties’ option, return or destroy any copies of the materials you have made. You may print one copy and may download extracts of any page(s) from the Website for your own personal, non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

  1. Trademark

All trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively, the “Marks”) that appear on the Website are proprietary to Tighties or the respective owners and licensors of such Marks. You may not display or reproduce the Marks other than with the prior written consent of Tighties or its licensors, and you may not remove or otherwise modify any trademark notices from any content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names, and/or trade dress of Tighties or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Tighties or its licensors.

  1. Your Account

If you purchase products using the Website, you may be prompted to establish an account with Tighties, and at your discretion choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your device and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products through the use of the Website that occur under your account or your account password.

You agree to immediately notify Tighties of any unauthorized use of your password or account or any other breach of security by contacting us at the contact information provided in these Terms. We have the right to disable any account or password at any time, for any reason.

You acknowledge and agree that Tighties may, in alignment with the Privacy Policy, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Website, and all information relating to the use of the Website under your account or account password if Tighties is required to do so by law or legal process or if Tighties determines, in its sole discretion, that such action is necessary to protect the rights of Tighties, third parties, and other users of the Website or for purposes of responding to your request for customer service.

  1. Electronic Communications

You consent to receive electronic communications from Tighties either in the form of email sent to you at the email address listed on your account or by communications posted on the Website for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Website shall satisfy any legal requirement that such communication be in writing. You agree that Tighties may use and/or disclose information consistent with the Privacy Policy.

  1. Submissions

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, product or services feedback or ideas, and any other content or material that you submit, upload, post, or otherwise make available on or through the Website (each, a “Submission”), and that you, and not Tighties, have full responsibility for each Submission you make, including its legality, reliability, appropriateness, and trademark, copyright, and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to Tighties.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Website is provided on a non-proprietary and non-confidential basis.

You agree that Tighties is free to use a Submission for the purpose of providing you and others with use of the Website, its functionality, and associated products, and, unless the rights in such Submission are assigned to Tighties under these Terms, you grant Tighties a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license (“License”) to link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify, and prepare derivative works of the Submission (in any media, whether now known or not currently known or invented).

In addition, to the extent any Submission contains your or any other person’s name, likeness, voice, or biographical information (“Personal Rights”), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to Tighties a License to exploit or use such Personal Rights for any advertising or marketing of Tighties products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential, and Tighties is under no obligation to treat such Submissions as proprietary information except pursuant to the Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

You represent and warrant that: (i) you own all Submissions posted by you on or through the Website or otherwise have the right to grant the Licenses to Tighties set forth in this section; (ii) your Submission is accurate and not misleading; and (iii) the posting of your Submissions on or through the Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, or any other rights of any person or entity or violate any applicable law, rule, regulation, or order. You agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any Submissions posted by you to or through the Website.

When submitting Submissions, you agree not to, without limitation:

  • use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the Submission;
  • encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • attempt to damage, disable, overburden, or impair Tighties servers or networks;
  • violate applicable third-party terms;
  • defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • use racially, ethnically, or otherwise offensive language;
  • discuss or incite illegal activity;
  • use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
  • post anything that exploits children or minors or that depicts cruelty to animals;
  • post any copyrighted, trade-secret, proprietary, patented proprietary, or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice, or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
  • disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation; or
  • alter the opinions, goals, profiles, or comments posted by others on the Website.

This list of prohibitions provides examples and is not exhaustive. Tighties reserves the right in its sole discretion to (i) terminate access to your account; (ii) terminate your ability to post to the Website; and (iii) refuse, delete, modify, edit, or remove any Submission, with or without cause and with or without notice, for any reason or no reason, or for any action that Tighties determines is inappropriate or disruptive to the Website or to any other user of the Website. Tighties may report to law enforcement authorities any actions that may be, or Tighties reasonably suspects to be, illegal, and any reports it receives of such conduct. When legally required, or at Tighties’ discretion, Tighties will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website or on the Internet.

Tighties takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, Website is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.

These prohibitions do not require Tighties to monitor, police, or remove any Submissions or other information submitted by you or any other user.

Tighties’ policy is to not accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions, and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Tighties does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted. If, despite this policy, you choose to send us content, information, ideas, suggestions, or other materials (collectively “Feedback”), you further agree that Tighties is free to use such Feedback for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

  1. Modifications to the Website

Any content offered or posted on the Website is subject to modification or discontinuation at any time and from time to time without notice or obligation to you and in Tighties’ sole discretion.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Tighties, its affiliates, and their respective directors, officers, employees, and agents against any losses, liabilities, claims, and expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Website; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss or damage we suffer as a result of your breach of these Terms.

  1. Third-Party Sites

The Website may contain links to websites, widgets, trademarks, or other resources owned, controlled, operated, or otherwise provisioned by third parties other than Tighties or its affiliates (collectively “Third-Party Sites”). Access to Third-Party Sites is provided solely as a convenience to you. Tighties does not control Third-Party Sites and is not responsible for the content, products, services, or information offered or collected by any such third parties. The inclusion of Third-Party Sites on the Website does not imply Tighties’ endorsement of the content, products, services, or information offered, advertised, endorsed, or promoted by any third party or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

  1. Linking to the Website and Social Media Features

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on the Website;
  • send emails or other communications with certain content, or links to certain content, on the Website;
  • cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

We may disable all or any social media features and any links at any time without notice in our discretion.

  1. Warranties and Disclaimers

EXCEPT AS OTHERWISE DETAILED IN THE TERMS OF SALE (AS DEFINED BELOW), THE WEBSITE, SUBMISSIONS, AND ANY PRODUCTS OR CONTENT, INCLUDING LINKS, PROVIDED VIA THE WEBSITE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIGHTIES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, SUBMISSIONS, CONTENT, AND ANY PRODUCTS OR CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, TIGHTIES DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SUBMISSIONS, CONTENT, OR ANY PRODUCTS, OR ANY OTHER INFORMATION ACCESSIBLE VIA THE WEBSITE IS SECURE, ACCURATE, COMPLETE, OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY GIVEN TIME. Tighties will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

IN ADDITION, THE WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. TIGHTIES THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TIGHTIES RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, TIGHTIES MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, TIGHTIES WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE(S).

Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies, or other technical reasons. Tighties is not liable for these variants and deviations. Nothing in these Terms shall affect your legal rights under applicable consumer laws.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

  1. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, TIGHTIES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE WEBSITE ANY ERRORS, OMISSIONS, VIRUSES, OR MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGE IS CAUSED DIRECTLY BY TIGHTIES’ FRAUD OR GROSS NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR PURPOSES OF CLARITY, THE FOREGOING DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY TIGHTIES OR A MANUFACTURER OF A PHYSICAL PRODUCT.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

  1. Modification and/or Termination of Program

Patel Bros reserves the right to modify the Program, including, without limitation, the Terms and Conditions governing the Program, at any time, with or without notice. Continued participation in the PRPP after such action by Kroger constitutes acceptance of any modification to the Program, including changes to the Terms and Conditions. Patel Bros, in its sole discretion, reserves the right to shorten, extend, suspend, modify or cancel the Program at any time, and for any reason.

Further, and without limiting the generality of the preceding paragraph, Patel Bros reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Program (or to amend these Terms and Conditions) in any way, in the event of any cause beyond the reasonable control of Patel Bros that interferes with the proper conduct of this Program as contemplated by these Terms and Conditions, including, without limitation, any error(s), problem(s), computer virus(es), bug(s), tampering, unauthorized intervention, event of force majeure, fraud or failure(s) of any kind. Any attempt to undermine the legitimate operation of this Program in any way (as determined by Patel Bros in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, Patel Bros reserves the right to seek remedies and damages to the fullest extent permitted by law.

  1. Applicable Law

Any disputes arising out of or related to these Terms and/or your access or use of the Website shall be governed by the laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles.

  1. Dispute Resolution

You and Tighties agree that any cause of action arising out of or related to these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of the Program and/or these Terms and Conditions, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Participation in the Program is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation, this section. We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions. If any part of this Section 16 is ruled to be unenforceable, then the balance of this Section 16 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

  1. General

No waiver by either you or Tighties of any breach or default or failure to exercise any right allowed under these Terms is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms, and the remaining portions of these Terms shall continue in full force and effect.

  1. Terms of Sale

These Terms of Sale (“Terms of Sale”) describe the terms and conditions in which Tighties sells its products (“Products”) through the Website to you and provide the legal information applicable to the contract formed when you purchase a Product from the Website (an “Order”). Tighties General Terms of Use are incorporated herein by reference. PLEASE READ THESE TERMS OF SALE CAREFULLY. BY ACCESSING, USING, OR PURCHASING THROUGH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE.

  1. Placing an Order

The contract for an Order made on the Website is formed through the following steps: a) you place an Order, b) we acknowledge and accept the Order, and c) we send you a shipping confirmation. To place an Order, you will be required to submit your name, address, email, phone number, and a valid Payment Method (defined below) on the “Order Summary” page. Please carefully review all Product specifications, including size, color, and price, and any shipping costs, delivery fees, or taxes that may apply to your Order, along with these Terms of Sale. By completing the Order, you accept these Terms of Sale and your obligation to pay the total price. We will acknowledge receipt of your Order by displaying an order confirmation number and/or sending an email to the email address you submitted. If your Order is accepted, we will send an email to confirm acceptance. When your Product is shipped from our warehouse, we will send an email with shipping confirmation. If any Product in your Order becomes unavailable, you will be refunded any respective amount(s) paid via the original Payment Method.

  1. Restrictions on Placing an Order

Products are offered for sale only to end consumers who are 18 years of age or older. We reserve the right to not accept Orders placed by consumers under 18 years of age or persons other than end consumers. We only supply Products for domestic and private use. You agree to not purchase any Product for commercial resale. WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

  1. Availability

All Products are subject to availability. We will inform you by email as soon as possible if a Product in your Order is not available. We make no representations or warranties that any Products displayed on the Website will be available at any time.

  1. Colors Details and Packaging

Product colors, details (e.g., logo placement), and packaging may vary slightly from Website images. Website images are for illustrative purposes only. We make every effort to display colors and logo placement as accurately as possible, but we cannot guarantee how such colors will display on your device. Additionally, logo placement is dependent on production lot and timing and may therefore differ from the Website images.

  1. Colors Details and Packaging

Product colors, details (e.g., logo placement), and packaging may vary slightly from Website images. Website images are for illustrative purposes only. We make every effort to display colors and logo placement as accurately as possible, but we cannot guarantee how such colors will display on your device. Additionally, logo placement is dependent on production lot and timing and may therefore differ from the Website images.

  1. Payment Methods

Acceptable payment methods (each, a “Payment Method”) may vary from time to time and will be shown on the “Order Summary” page. Such Payment Methods include, but are not limited to, Visa, MasterCard, American Express, and Tighties gift card (“Gift Card”). We will not charge your Payment Method until we dispatch your Order. We take every reasonable care to ensure your Order and subsequent transactions are conducted via a secure link. To protect against fraudulent use of Payment Methods, we conduct security checks on all Orders. These security checks take various forms and may involve contacting you by phone before we process your Order. When placing an Order using these methods, please be sure to review any additional terms and available documentation.

  1. Delivery

Your Order will be fulfilled by the estimated delivery date indicated in the shipping confirmation, unless an Event Outside Our Control occurs (defined below). If an Event Outside Our Control prevents us from meeting the estimated delivery date, we will contact you with a revised estimated delivery date. Delivery is completed when the Product is delivered to the address submitted in your Order, at which time the Products become your responsibility. You own the Products once we have received payment in full, including any delivery charges. DELIVERY FEES AND, IF SELECTED, ANY EXPEDITED SHIPPING FEES ARE NON-REFUNDABLE.

  1. Our Right to Reject or Cancel an Order

We expressly reserve the right, at our sole discretion, to limit, reject, restrict, refuse, or cancel any Order placed by you, wholly or partially, at any time, and without notice or liability for any damages or costs other than the repayment of any amount received from such Order, in certain situations, including, but not limited to:

  • if your Order exceeds Product purchase limits in quantity or dollar amount;
  • if your purchase history or related accounts show a high volume of exchanges or returns or suspicious volume of purchases;
  • if we believe that you ordered or purchased Products (single or cumulative transactions) for resale, tax evasion, or another fraudulent purpose;
  • if the delivery address you provide is the address of a freight forwarding entity or individual or an address flagged by our systems as potentially linked to fraudulent or suspect activities;
  • if our security systems flag your Order or account details as unusual or susceptible to fraud, discount abuse, or misuse, including fraud related to credit card payments;
  • if the Product you seek to purchase is unavailable, not in stock, incorrectly priced, or otherwise incorrectly described;
  • if there was a misspelling, mismarked pricing, or other mistake or error in connection with the Order;
  • if we are unable to obtain payment authorization;
  • if your address, form of payment, or billing information is unverifiable or incorrect;
  • if shipping restrictions may apply to a Product in your Order;
  • if we believe you are ineligible to make purchases or use a discount program code or are unauthorized to apply a discount or promotion code to your purchase;
  • if we cannot deliver to the address provided;
  • if you are involved in an ongoing legal dispute with Tighties;
  • if you have previously breached the Website Terms and Conditions, including these Terms of Sale; or
  • due to an Event Outside Our Control (see below).
  1. Limited Guarantee

We warrant that, for a period of 6 months from the date of shipment of the Products, such Products will be free from material defects in material and workmanship.

  1. Returns and Refund Policy

Unless we have stated otherwise, you have 30 months from the date you receive your Order to return such Product to us. You are legally obligated to take reasonable care of the Products while they are in your possession. All returned Products must be unworn and unwashed with hang tags still attached, accompanied by proof of purchase at the time of return. If you are unable to provide a proof of purchase, we may request that additional information, such as photo ID, be provided for verification purposes. All Products are subject to inspection. You will receive a full refund of the price you paid for the Product, less any applicable expedited shipping charges or Delivery Fees, which are non-refundable. We will process the refund as soon as possible, and in any event, within 14 days of the date you gave us notice of the return. Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us. Refunds will be issued via the Payment Method upon checkout.

  1. Events Outside of Our Control

Tighties is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any contract that is caused by events outside our reasonable control (“Events Outside Our Control”). An Event Outside Our Control includes any act, event, non-happening, omission, or accident beyond our reasonable control, and particularly includes the following, without limitation: (a) strikes, lockouts, or other industrial action; (b) civil commotion, riot, invasion, terrorist attack, threat of terrorist attack, war (declared or not), or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) acts, decrees, legislation, regulations, or restrictions of any government; and (g) pandemic or epidemic. Tighties’ performance under any contract is deemed to be suspended for that period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will make reasonable efforts to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the contract may be performed despite the Event Outside Our Control.

  1. Disputes and Limitation of Liability

In addition to Section 13 (Limitation of Liability) of the General Terms of Use incorporated herein, these Terms include the entire scope of our AGREEMENT AND UNDERSTANDING CONCERNING ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, AND ACCESS OR USE OF THE WEBSITE. TO THE EXTENT PERMISSIBLE BY LAW, the maximum aggregate liability of either party to the other on all claims under these terms for any Order or claim that arise or relate to these, whether in contract, warranty, tort (including negligence), strict liability, statute, or otherwise, IS LIMITED TO THE AMOUNT PAID TO TIGHTIES FOR THE PRODUCT(S) PURCHASED IN THE RELATED TRANSACTION. In no event shall the maximum aggregate liability exceed one hundred percent (100%) of the price paid for the Product(s) in your Order. Nothing in these Terms of Sale limits or excludes our liability for any liability that cannot be limited or excluded by law. IF THESE LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF TIGHTIES TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF A PRODUCT SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR A MAXIMUM AMOUNT OF USD $100.00. Some of the above exclusions and limitations do not apply in certain jurisdictions in the United States under applicable consumer protection laws.

Any dispute relating in any way to these Terms of Sale and purchases from the Website, and the use thereof, will be resolved per Section 16 “Dispute Resolution” in the General Terms of Use. THIS SECTION MAY LIMIT CERTAIN RIGHTS. PLEASE REVIEW THE TIGHTIES GENERAL TERMS OF USE FOR FURTHER INFORMATION.

  1. Third-Party Rights

This contract is between Tighties and you. No other person shall have any right to enforce any terms herein.

  1. Waiver

If either party fails to insist that the other perform any of its obligations under these Terms of Sale, or if either party does not enforce its rights against the other party, or delays in doing so, such failure to insist or enforce will not mean that the concerned party has waived its rights against the other, nor that the other party does not have to comply with those obligations. If either party waives a default by the other, it will only do so in writing, and such waiver will not mean that the party will automatically waive any later default.

  1. Miscellaneous

If any provision of these Terms of Sale is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Sale will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. Tighties’ performance of these Terms of Sale is subject to existing laws and legal process, and nothing contained in these Terms of Sale or other terms incorporated herein is in derogation of Tighties’ to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Tighties with respect to such use.

  1. Entire Agreement

These Terms of Sale, including the terms incorporated herein, constitute the entire agreement, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Tighties with respect to the Website.

  1. Revisions

We may revise these Terms of Sale from time to time. Every time you place an Order, the Terms of Sale in force at that time will apply to your Order. Whenever we revise these Terms of Sale, we will notify you of material amendments and indicate the most recent date of updates at the top of the Terms page.

  1. Applicable Law

Any disputes arising out of or related to these Terms of Sale and/or your access or use of the Website shall be governed by the laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles.