Tactics Daily (doing business as “Tactics” and “Tactics Daily”) (“Tactics Daily,” “we,” “our,” or “us”) operates the Tactics Daily services, which include our newsletters, websites, the Tactics Daily Store, podcasts and related social media pages (collectively, the “Services”). Our principal address is 8 The Green, Dover, DE 19901 and our website is tacticsdaily.com.
These Terms of Service form part of the overall “Agreement” between you and us, which also includes:
our Privacy Policy, which explains how we collect and use your information; and
our Shipping, Returns and Refunds Policy, which applies to orders you make at the Tactics Daily Store.
By using the Services, you agree to be bound by this Agreement.We may modify this Agreement from time to time and such modification will be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.
Please note that Section 9 contains an arbitration clause and class action waiver. By agreeing to these Terms of Service, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration as explained in Section 9.
1.) CONTENT
Proprietary Rights
With the exception of content posted by users of the Services (“User Content”), all materials contained on the Services, including all content, and the sound, audio, software, graphics, text and look and feel of the Services, and all trademarks, copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Tactics Daily, our subsidiaries or affiliated companies, contributors, our third-party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited license, subject to the limitations herein, to access and use the Services and Proprietary Materials solely for your own non-commercial personal purposes consistent with the intended purpose of the Services. You agree not to use the Services for any other purpose.
You may be able to post, upload, or submit content to be made available through the Services (“Your Content”). As a condition of your use of the Services, you grant us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative works (either alone or as part of a collective work) from Your Content. This license continues even if you stop using the Services or terminate your account. You also agree that (a) other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services, and (b) we have the right to make any of Your Content available to third parties, so that those third parties can distribute, make derivative works of, comment on and/or analyze Your Content on other media and services (either alone or as part of a collective work). By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
Third-Party Content & User Content
You acknowledge that the Services may include content provided by users. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including content posted by our contributors or User Content, are those of the respective authors and not of Tactics Daily or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review such content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violates any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Services by anyone other than Tactics Daily.
Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Services retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.
2.) CONDUCT
You agree to use the Services only for lawful purposes. Without limiting anything else above, specific prohibited activities include, but are not limited to:
depicting, encouraging or partaking in criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, stalking, spamming, spimming, sending of viruses or other harmful files;
depicting, encouraging or partaking in dangerous activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
posting, uploading or sharing content that violates any of the prohibitions herein or that constitutes copyright infringement, patent infringement, or theft of trade secrets;
attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials;
using or attempting to use any automated device, software, process, or means (including, but not limited to, spiders, robots, crawlers, scrapers, or data mining tools) to access, retrieve, index, or extract any content or Proprietary Materials from the Services, or otherwise systematically collect or store Services content or Proprietary Materials, without our express prior written consent;
using any Proprietary Materials, User Content, or any other content or data from the Services for the development, training, or improvement of any artificial intelligence or machine learning models, algorithms, or related technologies, without our express prior written consent;
interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
attempting to impersonate another user or person;soliciting personal information from anyone under 18;
collecting, harvesting, soliciting or posting personally identifiable information about anyone other than yourself;
using information obtained from the Services in order to harass, abuse, or harm another person, whether a user or a contributor;
using the Services in a commercial manner not expressly permitted by this Agreement.
You represent and warrant that neither your actions on the Services nor Your Content will violate any of the prohibited conduct described above.
3.) LINKS
The Services may contain links or otherwise direct you to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site.
We reserve the right to disable links to third-party sites.
4.) CERTAIN SERVICES
Tactics Daily Store
If you order physical or digital products or services through the Services (“Offerings”) from the Tactics Daily Store, the following terms apply:
Products. We have made every effort to display as accurately as possible the colors and images of Offerings that appear at the store. We cannot guarantee that your device’s display of any color will be accurate. We reserve the right to limit the quantities of any Offerings. All descriptions of Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Offering at any time. Any offer for any Offering made on this site is void where prohibited.
Orders. We may use third-party partners to facilitate the Tactics Daily Store, particularly with respect to inventory, order and payment management.
Acceptance. Once we receive your order for an Offering, we will provide you with an order confirmation via email. However, neither our receipt of an order for an Offering, nor an order confirmation, indicates our acceptance of your order; we reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount.
Order Processing. Processing times may differ by item. Estimated shipping times displayed at checkout do not include processing time. Orders received after 2 pm Eastern Time will begin processing the next business day. Saturday and Sunday orders begin processing on the following Monday, excluding federal holidays. Once your order ships, you’ll receive tracking details by email.
Order Changes. If your order has not started processing, we will do our best to accommodate update requests (e.g., address changes or cancellations). Once your order has entered a processing queue, we cannot make changes outside of an address update or cancellation.
Payment. You represent and warrant that all payment information you provide is accurate, current and complete, and that you have the legal right to use the payment method provided to us or our payment processor. Taxes, where applicable, are calculated based on the destination and applicable law and will be added at checkout. Unless otherwise noted, all fees are in U.S. Dollars. Orders will not be processed until payment is received in full.
Promotional Codes. Promotional codes must be used lawfully, for their intended audience and purpose, and may be modified, disabled, or subject to additional conditions at any time. Codes are not redeemable for cash and may expire.
Shipping, Returns and Refunds. Please review our Shipping, Returns and Refunds Policy for terms applicable to those aspects of orders. Title and risk of loss for physical products pass to you upon delivery to the carrier. Online tracking may be available via the carrier.
Special Promotions. If you participate in drawings, contests, giveaways, or promotions (“Special Promotions”), you agree to the official rules governing the Special Promotion, which may include allowing the sponsor(s) to use your name, voice and/or likeness as permitted by law. Personal information may be disclosed to third parties or the public in connection with administration of such promotions as required by law or the official rules.
5.) THIRD-PARTY COMPANIES AND PROVIDERS
The Services may enable you to request and receive products, information and services from businesses not owned or operated by us. All matters concerning such merchandise, services, information, opinions or advice are solely between you and those businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers, or for ensuring the confidentiality of your payment information.
If the Services prompt you to establish an account with a third-party service provider, your agreement with that provider is solely between you and that provider.
6.) DISCLAIMERS AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY THIRD-PARTY PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE SERVICES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVERS, OR EMAILS SENT FROM OR ON OUR BEHALF, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TACTICS DAILY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTIONS OF ITS USERS OR THE CONTENTS OF ANY USER CONTENT.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF WE OR SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7.) LEGALITY
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. We make no representations or warranties as to your legal right to participate in any Services, contests, sweepstakes or tournaments offered through the Services.
8.) APPLICABLE LAW; JURISDICTION
The Services are created and controlled by us in the State of Delaware. As such, the laws of the State of Delaware will govern this Agreement, without giving effect to any provisions of Delaware law that would direct the choice of another state’s laws.
Subject to the Binding Arbitration section below, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Dover, Delaware for any litigation arising out of or relating to your use of, or purchases made through, the Services (and agree not to commence any litigation relating thereto except in such courts).
9.) BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Agreement, including any threshold questions of arbitrability, will be determined by binding arbitration. The arbitration proceedings will be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration will occur in Dover, Delaware, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration will be made within the applicable statute of limitations. Discovery issues will be decided by the arbitrator. Post-hearing briefs will be permitted. The arbitrator will render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator will have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator will issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator will apply the substantive law (and the law of remedies, if applicable) of Delaware or federal law, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek provisional remedies or injunctive relief from a court of competent jurisdiction without waiving any right to arbitration; the merits of any such action will be determined by arbitration under this paragraph. The arbitrator will allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
You agree to pursue any arbitration in an individual capacity and not as a class representative or class member in any purported class action proceeding.
BY AGREEING TO ARBITRATE DISPUTES, THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY ARE IRREVOCABLY WAIVING ANY AND ALL RIGHT TO TRIAL BY JURY in any legal proceeding arising out of or relating to this Agreement or the activities contemplated hereby.
Right to Opt-Out of Arbitration. You may opt out of the binding arbitration and class action waiver provisions in this Section 9 by sending written notice to Tactics Daily (dba Tactics/Tactics Daily), Attn: Legal Department – Arbitration Opt-Out, 8 The Green, Dover, DE 19901, within thirty (30) days of the date you first accept these Terms of Service (unless a longer period is required by applicable law). Your written notification must include: (1) your full name, (2) your email address associated with your account, if any, and (3) a clear statement indicating that you wish to opt out of this arbitration agreement. If you opt out, we will also not be bound by these arbitration provisions. Opting out will not affect any other terms of this Agreement.
10.) INDEMNITY
You agree to indemnify and hold Tactics Daily, our subsidiaries and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement and/or any of your representations and warranties set forth herein.
11.) SEVERABILITY
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
12.) ELECTRONIC COMMUNICATIONS
When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13.) OTHER
This Agreement is deemed accepted upon any use of any of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
14.) SUPPORT
Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please email us at [email protected]. It will expedite your request for assistance if you provide our representatives with all the information they need to solve your problem as quickly as possible.
15.) MODIFICATION
We reserve the right to make changes to the Services, posted policies and this Agreement at any time without notice other than the reposting of the modified Agreement. We will attempt to notify you of material changes by communicating them to you directly (if we have contact information for you), adding temporary banners to the Services or otherwise highlighting such changes. It is your responsibility to review this Agreement periodically for changes.
Questions? Please contact us at [email protected]