Conditions of Use

Last updated: June 7, 2019

Welcome to Tactical Business Initiatives LLC (“TBI”). We provide website features and services to you when you use our Services. Tactical Business Initiatives LLC provides Services subject to the following conditions.

1. By using our Services, you agree to these conditions. Please read them carefully.

With our Services, you are subject to the guidelines, terms and agreements applicable to our Service.

2. PRIVACY

Please review our Privacy Policy, which governs your use of our Services, to understand our practices.

3. ELECTRONIC COMMUNICATIONS

When you use our Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with TBI electronically. You consent to receive communications from TBI electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. 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.

4. COPYRIGHT

All content included in or made available through any TBI Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of TBI or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any TBI Service is the exclusive property of TBI and protected by U.S. and international copyright laws.

5. TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any TBI Service are trademarks or trade dress of TBI in the U.S. and other countries. TBI’s trademarks and trade dress may not be used in connection with any product or service that is not TBI’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TBI. All other trademarks not owned by TBI that appear in any TBI Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TBI.

6. LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, TBI or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the TBI Services. This license does not include any resale or commercial use of any TBI Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any TBI Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by TBI or its licensors, suppliers, publishers, rightsholders, or other content providers. No TBI Service, nor any part of any TBI Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TBI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TBI without express written consent. You may not use any meta tags or any other “hidden text” utilizing TBI’s name or trademarks without the express written consent of TBI. You may not misuse the TBI Services. You may use the TBI Services only as permitted by law. The licenses granted by TBI terminate if you do not comply with these Conditions of Use or any Service Terms in the sole discretion of TBI.

7. PARTIES TO THESE TERMS OF SERVICE.

There are both direct and indirect parties to this Conditions of Use. The direct parties include TBI and the Stores that form our Subscriber Base. The Bridal Couples, Registry Contributors and Vendors (manufacturers of Registry Items sold by our Stores) are indirect parties to these Conditions of Use but each are subject to and electronically confirmed at appropriate points in their interaction with the site.

8. TERMS OF SERVICE FOR STORES

Tactical Business Initiatives LLC is Not the Seller of Products. All products sold through TBI sites are done so as transactions between the Store, its Customers and Registry Contributors- TBI functions only as a Marketing Facilitator. All responsibility for but not limited to the following items is maintained by the Stores: Collection of Payments from Registry Contributors, Warranties, Product Service, Disclosures for prohibited or potentially harmful material, Authenticity of Product, representation of Retail Pricing and Warranty Administration. At no time is TBI in title to or in possession of any product sold; TBI does not handle or ship products; TBI does not take Returns and all Disputes regarding Products purchased from Stores through our sites is the direct and exclusive responsibility of the Store’s executing those sales. Final Delivery of all items purchased by Bridal Couples and Registry Contributors is the sole and exclusive responsibility of the Store. TBI is not involved in choosing the Products displayed for sale or in the selection of goods to be sold.

Use and Authorization of Information Supplied by Vendors. The execution of Acceptance of these Conditions of Use represents electronic signature and agreement by our Store’s Authorizing TBI to contact all Vendors (manufacturers or distributors of product for which they are an Authorized Retailer) to facilitate the upload of standard information for product lines including but not limited to: Model Numbers, Manufacturer’s Suggested Retail Prices (MSRP), Product Descriptions and Images (either url locations on the Vendors’ servers or upload to TBI Servers) for availability to be placed in TBI Bridal Registry Postings, alternative TBI Custom Event Postings, Recognition Product Marketing or TBI’s Social Media Generator. Additionally, Vendors may include a Discount Factor from their MSRP representing their Minimum Authorized Pricing (MAP) so that Jewelers are notified whenever their Program Discounts exceed MAP Guidelines.

Confirmation of Authorized Retailer Status. The incorporation of a Vendor by a Store in the “Add Product Line” function during Sign-up or subsequent Update, is the representation by the Store that they are an Authorized Retailer for all Vendors added. TBI does not audit or confirm this information separately.

Minimum Advertised Pricing Guidelines from Vendors. As a service to our Stores and the Vendors that provide TBI the service of updating their product information and images, TBI incorporates Vendor’s Minimum Advertised Pricing structures in our Vendor Database, to the extent they are provided by Vendors, on our Bridal Registry Postings. All Stores agree to this pricing regimen as a general rule (exceptions are expected for discontinued and close-out items) voluntarily in order to maintain potential access to special pricing opportunities, cooperative advertising funds, rebates or other benefits that may be provided by Vendors; the availability of which could be compromised by failure to adhere to Vendor’s Minimum Advertised Pricing Guidelines.

Notifications Provided by TBI’s Bridal Jewelry Program. TBI provides automated Notifications to Stores related to its Bridal Jewelry Program of the following: incomplete field entries live on site, successful page Updates live on site, deficiencies in Bridal Posting Selection Entries live in postings and in available Listing Reports, publications of Live Postings once published by TBI by email and in available Listing Reports, and ongoing Registry Contributions in available Listing Reports. Vendors are notified each time an item of their manufacture is manually entered by a store and therefore missing from their Vendor Database. Couples are notified and provided the Active Link to their Bridal Jewelry page when their page is Published or Updated. Registry Contributions are confirmed to TBI through live Transaction ID’s returned from PayPal to TBI but should be confirmed by Stores through their own information obtained from PayPal prior to release of product to Couples.

Negligence of Others. TBI shall not be held responsible or liable for issues resulting from the errors or negligence of others including but not limited to: updates to changes in Store Information, Vendors proper upload of product information, Store’s proper input of information in the Bridal Registry Control Panel, failure of Bridal Couples to complete the final Posting of their Bridal Jewelry link to their Global Bridal Registry, inputs and selections of Registry Contributors, verification of receipt of all payments due to Stores prior to release of product, or the Store’s failure to properly market or implement the Bridal Jewelry Program or any other components of Tactical Initiatives for Jewelers.

9. TERMS OF SERVICE FOR COUPLES

Tactical Business Initiatives LLC is Not the Seller of Products. All products sold through TBI sites are done so as transactions between the Store, its Customers and Registry Contributors- TBI functions only as a Marketing Facilitator. All responsibility for but not limited to the following items is maintained by the Stores: Collection of Payments from Registry Contributors, Warranties, Product Service, Disclosures for prohibited or potentially harmful material, Authenticity of Product, representation of Retail Pricing, Warranty Administration and Refunds. At no time is TBI in title to or in possession of any product sold; TBI does not handle or ship products; TBI does not take Returns and all Disputes regarding Products purchased from Stores through our sites is the direct and exclusive responsibility of the Store’s executing those sales. Final Delivery of all items purchased by Bridal Couples and Registry Contributors is the sole and exclusive responsibility of the Store. TBI is not involved in choosing the Products displayed for sale or in the selection of goods to be sold.

Notifications Provided by TBI: Bridal Jewelry Program. TBI provides automated Notifications to Stores related to its Bridal Jewelry Program of the following: incomplete field entries live on site, successful page Updates live on site, deficiencies in Bridal Posting Selection Entries live in postings and in available Listing Reports, publications of Live Postings once published by TBI by email and in available Listing Reports, and ongoing Registry Contributions in available Listing Reports. Vendors are notified each time an item of their manufacture is manually entered by a store and therefore missing from their Vendor Database. Bridal Couples are notified and provided the Active Link to their Bridal Jewelry page when their page is Published or Updated. Registry Contributions are confirmed to TBI through live Transaction ID’s returned from PayPal to TBI but should be confirmed by Stores through their own information obtained from PayPal prior to release of product to Bridal Couples.

10. TERMS OF SERVICE FOR REGISTRY CONTRIBUTORS

Tactical Business Initiatives LLC is Not the Seller of Products. All products sold through TBI sites are done so as transactions between the Store, its Customers and Registry Contributors- TBI functions only as a Marketing Facilitator. All responsibility for but not limited to the following items is maintained by the Stores: Collection of Payments from Registry Contributors, Warranties, Product Service, Disclosures for prohibited or potentially harmful material, Authenticity of Product, representation of Retail Pricing, Warranty Administration and Refunds. At no time is TBI in title to or in possession of any product sold; TBI does not handle or ship products; TBI does not take Returns and all Disputes regarding Products purchased from Stores through our sites is the direct and exclusive responsibility of the Store’s executing those sales. Final Delivery of all items purchased by Bridal Couples and Registry Contributors is the sole and exclusive responsibility of the Store. TBI is not involved in choosing the Products displayed for sale or in the selection of goods to be sold.

Final Application of Registry Contributions. Per the notice included with the Couple’s Registry Posting, the final distribution of Registry Contributions may be “Consolidated”: altered by the Couple for affordability or Product Selection.

11. TERMS OF SERVICE FOR VENDORS

Minimum Advertised Pricing Guidelines from Vendors. As a service to our Stores and the Vendors that provide TBI the service of updating their product information and images, TBI incorporates Vendor’s Minimum Advertised Pricing structures in our Vendor Database, to the extent they are provided by Vendors, on our Bridal Registry Postings. All Stores agree to this pricing regimen as a general rule (exceptions are expected for discontinued and close-out items) voluntarily in order to maintain potential access to special pricing opportunities, cooperative advertising funds, rebates or other benefits that may be provided by Vendors; the availability of which could be compromised by failure to adhere to Vendor’s Minimum Advertised Pricing Guidelines.

Confirmation of Authorized Retailer Status. The incorporation of a Vendor by a Store in the “Add Product Line” function during Sign-up or subsequent Update, is the representation by the Store that they are an Authorized Retailer for all Vendors added. TBI does not audit or confirm this information separately.

Tactical Business Initiatives LLC is Not the Seller of Products. All products sold through TBI sites are done so as transactions between the Store, its Customers and Registry Contributors- TBI functions only as a Marketing Facilitator. All responsibility for but not limited to the following items is maintained by the Stores: Collection of Payments from Registry Contributors, Warranties, Product Service, Disclosures for prohibited or potentially harmful material, Authenticity of Product, representation of Retail Pricing, Warranty Administration and Refunds. At no time is TBI in title to or in possession of any product sold; TBI does not handle or ship products; TBI does not take Returns and all Disputes regarding Products purchased from Stores through our sites is the direct and exclusive responsibility of the Store’s executing those sales. Final Delivery of all items purchased by Bridal Couples and Registry Contributors is the sole and exclusive responsibility of the Store. TBI is not involved in choosing the Products displayed for sale or in the selection of goods to be sold.

Notifications Provided by TBI: Bridal Jewelry Program. TBI provides automated Notifications to Stores related to its Bridal Jewelry Program of the following: incomplete field entries live on site, successful page Updates live on site, deficiencies in Bridal Posting Selection Entries live in postings and in available Listing Reports, publications of Live Postings once published by TBI by email and in available Listing Reports, and ongoing Registry Contributions in available Listing Reports. Vendors are notified each time an item of their manufacture is manually entered by a store and therefore missing from their Vendor Database. Bridal Couples are notified and provided the Active Link to their Bridal Jewelry page when their page is Published or Updated. Registry Contributions are confirmed to TBI through live Transaction ID’s returned from PayPal to TBI but should be confirmed by Stores through their own information obtained from PayPal prior to release of product to Bridal Couples.

12. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TBI reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant TBI a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TBI and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TBI for all claims resulting from content you supply. TBI has the right but not the obligation to monitor and edit or remove any activity or content. TBI takes no responsibility and assumes no liability for any content posted by you or any third party.

13. PRODUCT DESCRIPTIONS

TBI attempts to be as accurate as possible. However, TBI does not warrant that product descriptions or other content of any TBI Service is accurate, complete, reliable, current, or error-free. If a product offered by TBI itself is not as described, your sole remedy is to cancel your subscription.

14. SANCTIONS AND EXPORT POLICY

You may not use any TBI Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using TBI Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, technology, and services.

15. OTHER BUSINESSES

In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from TBI. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). TBI does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE TBI SERVICES AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TBI SERVICES ARE PROVIDED BY TBI ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TBI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TBI SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TBI SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TBI SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, TBI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TBI DOES NOT WARRANT THAT THE TBI SERVICES, INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TBI SERVICES, TBI’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TBI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, TBI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TBI SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TBI SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

17. DISPUTES

Any dispute or claim relating in any way to your use of any TBI Service, or to any products or services sold or distributed by TBI or through TBI.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to _____________. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

18. ACCEPTABLE USE POLICY

By using our Service, you agree to comply with PayPal’s Acceptable Use Policy.

19. APPLICABLE LAW

By using our Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and TBI.

20. SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your use of TBI’s Services. We reserve the right to make changes to our site, policies and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

21. OUR ADDRESS FOR NOTIFICATIONS

Tactical Business Initiatives LLC

5933 Bren Circle

Minnetonka, MN 55343

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request.

22. HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Subpoenas or other legal process may be served by sending them to TBI at the following address:

5933 Bren Circle

Minnetonka, MN 55343

23. INTELLECTUAL PROPERTY COMPLAINTS

TBI respects the intellectual property of others.

24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, including, but not limited to, copyright, trademark, and patent claims, please submit your complaint to us.

Please include the following in your written complaint:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.