August 15th, 2017
These Tommy John Terms and Conditions apply to the website and all other
online properties (the “Site”) operated by Tommy John,
Inc., d/b/a Tommy John (“Tommy John”,
“we”, or “us”). The use of the Site,
including the purchase of any Products (as defined below) is subject to
the following terms and conditions (the “Terms”). Please
read these Terms carefully. By using this Site, you agree to these Terms
as well as any other terms, guidelines or rules that apply to any portion
of this Site, without limitation or qualification. If you do not agree to
these Terms, then you must exit the Site immediately and discontinue any
use of the information or products obtainable or accessible through the
Site. If you have any questions about the Terms, please contact us at
We provide the Site in order to enable you to browse and purchase Tommy
John apparel (collectively, the “Products”).
We have adopted a
that you should refer to in order to
fully understand how we collect and use your information. The Privacy
Policy is hereby incorporated into these Terms by reference.
- Electronic Communication
When you visit the Site, or send us e-mails, you are communicating with us
electronically. In so doing, you consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting
notices on this Site. You agree that all agreements, notices, disclosures
and other communications that we provide to you electronically satisfy any
legal requirement that such communication be in writing.
No part of the Site is directed to persons under the age of 13. IF YOU ARE
UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR
IN ANY MANNER.
If you are using the Site on behalf of a company, entity, or organization
(collectively “Organization”), then you represent and
warrant that you (a) are an authorized representative of that
Organization; (b) have the authority to bind that Organization to these
Terms; and (c) agree to be bound by these Terms on behalf of that
Images of people, places and/or products posted on this Site are either
the property of Tommy John or our licensors. Unless otherwise noted, all
content included on this Site, including images, illustrations, designs,
icons, photographs, video clips and written and other materials (together,
with “Marks” (as defined below), “Tommy John Content”) is
the property of Tommy John or its licensors, partners or affiliates and is
protected by United States and international copyright laws. The
compilation of this Site is the exclusive property of Tommy John and is
protected by United States and international intellectual property laws.
Any unauthorized use of any content or materials on this Site is strictly
prohibited and may violate copyright and trademark laws, and/or the laws
of privacy, publicity, and/or communications regulations and statutes. You
may use the materials or content on this Site only with our prior written
and express authorization. To inquire about obtaining authorization to use
the materials or content on this Site, please contact us at
All trademarks, service marks, and trade names (collectively the
“Marks”) that appear on this Site are proprietary to
Tommy John, or the other respective owners of such Marks. You may not
display or reproduce the Marks in any manner without the prior written
consent of Tommy John, and you may not remove or otherwise modify in any
manner any trademark notices from any content offered or received through
- Limited License and Site Access
We grant you a limited license to use the Site for personal use only.
Consequently, this grant does not allow you to do any of the following:
(a) resell or make any commercial use of this Site or any of the contents
of this Site; (b) modify, adapt, translate, reverse engineer, decompile,
disassemble or convert into human readable form any of the contents of
this Site not intended to be so read. This includes using or directly
viewing the underlying HTML or other code from this Site except as
interpreted and displayed in a web browser; (c) copy, imitate, mirror,
reproduce, distribute, publish, download, display, perform, post or
transmit any of the contents of this Site (including any Marks) in any
form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording or otherwise; or (d) use any data
mining, bots, spiders, automated tools or similar data gathering and
extraction methods on the contents of the Site or to collect any
information from the Site or any other user of the Site.
- Accounts, Forms, Registrations and Passwords
You represent and warrant that the information you provide to Tommy John
upon creating an account on the Site and at all other times will be true,
accurate, current, and complete.
To facilitate future purchases on the Site, we require you to create an
account by providing an e-mail address and password. Your account is
personal to you, and you may not share your account information with, or
allow access to your account by, any third party. As you will be
responsible for all activity that occurs under your access credentials,
you agree to use reasonable efforts to prevent unauthorized access to or
use of the Site and to preserve the confidentiality of your username and
password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in
information. If you have any reason to believe that your account
information has been compromised or that your account has been accessed by
a third party, you agree to immediately notify Tommy John by e-mail to
You will be solely responsible for the losses incurred by Tommy John and
others due to any unauthorized use of your account.
All orders of our Products must be for personal use only. By purchasing
our Products, you hereby agree not to resell or distribute such products
for any commercial purposes. If we have reason to believe that your order
is not for personal use, we reserve the right to reject or cancel any
order that you place.
- Fees and Payments; Shipping
The price for Products available for purchase through the Site will be
displayed to you on the Site. The prices displayed do not include taxes.
Any applicable taxes will be communicated to you before you place an
The Site currently uses third parties to process payments. Our third-party
payment processors accept payments through various credit cards, including
Visa, MasterCard, American Express and Discover, as detailed on the
applicable payment screen. You may also use PayPal as a payment option on
United States Dollars.
All monetary transactions on the Site take place in U.S. dollars.
- Gift and Offer Codes; Referral Program
From time to time, Tommy John may offer qualified consumers “gift codes”
or “offer codes” through a variety of promotional activities and
communications (collectively referred to herein as “offer codes”) that are
redeemable towards a purchase on Tommyjohn.com, while supplies last, and
subject to certain merchandise exclusions or any other restrictions as may
be determined and communicated by Tommy John in its sole discretion. Only
valid offer codes provided or promoted by Tommy John will be honored at
checkout. Codes supplied or promoted by third parties unauthorized by
Tommy John (including any unauthorized third party websites) will not be
considered valid. Each offer code promoted by Tommy John is
non-transferable and valid for single use on an item (or items) of
merchandise as determined by Tommy John. Offer codes may not be combined
and may not be used in conjunction with the Tommy John Referral
Program–customers are limited to the use of a single offer code per order.
Offer codes cannot be used towards purchase of non-branded merchandise,
packaging or applicable taxes. For online purchases, the code must be
entered in the ‘offer code’ field at checkout. Tommy John is not
responsible for lost, stolen or corrupted codes or any unauthorized use of
codes. Offer codes cannot be redeemed for cash or any cash equivalent; no
substitutions or credits allowed. The dollar value of any offer code will
not be refunded or credited back if any or all of the merchandise is
returned. Expiry dates may apply to each offer code. Offer codes are
void if copied, transferred, sold, exchanged or expired, and where
prohibited. Requests not complying with all offer code requirements will
not be honored.
From time to time, Tommy John may also engage spokespeople, influencers,
bloggers, or other individuals or entities who have been compensated or
incentivized to speak on behalf of the brand. When you receive an offer
code via a third party source, such as a television or radio show host,
please note that such individuals may have been compensated by Tommy John
for their statements.
Tommy John offers brand advocates the opportunity to refer friends to
participate in the Tommy John Referral Program. For the terms and
conditions of the Tommy John Referral Program, please see
Offer codes may not be used in conjunction with the Tommy John Referral
- Gift Cards and Store Credit
- Gift cards can't be returned or cancelled after purchase.
- Tommy John reserves the right to invalidate gift cards which were purchased fraudulently.
- Store credits are issued on a case-by-case basis as determined by our customer service representatives.
- Store credits may be used toward the purchase of any Product sold on the Site.
- Store credits are not redeemable or exchangeable for cash.
- Store credits expire three (3) months from the date of issue.
- Refunds for orders paid for with store credit will be applied as store credit back to the same account from which the purchase was made.
- If you are granted a refund for an order purchased with multiple methods of payment, any refund is first applied to the credit or debit card or PayPal account, up to the original amount charged, and then the remainder will be applied as store credit to the tommyjohn.com account of the person who made the purchase that is being refunded.
- Promotional offers, discounts, promo codes and other offers do not apply to the purchase of gift cards.
- The value of any gift cards in your cart is not included in the calculations for Buy More Save More discounts.
- Gift cards do not count as 'merchandise' for the purposes of the ‘Refer a Friend’ program.
We appreciate hearing from our users and welcome your comments regarding
the Site. Please be advised, however, that if you send us creative ideas,
suggestions, inventions, or materials (“Creative Ideas”), we will (a) own,
exclusively, all now known or later discovered rights to the Creative
Ideas; (b) not be subject to any obligation of confidentiality and will
not be liable for any use or disclosure of any Creative Ideas; and (c) be
entitled to unrestricted use of the Creative Ideas for any purpose
whatsoever, commercial or otherwise, without compensation to you or any
Content You Submit to Tommy John
From time to time, Tommy John may allow you to post reviews, comments,
photos, or similar materials on the Site (collectively,
“Reviews”). We welcome your comments regarding our
Products and services, including our Site. However, any Reviews you submit
to Tommy John must not harass, slander, malign, libel, defame, threaten,
or otherwise violate any rights of any third-parties and must not include
any profanity, obscene, indecent, pornographic, defamatory or unlawful
By posting a Review on the Site, you hereby grant Tommy John an
unrestricted, assignable, sublicensable, perpetual royalty-free, fully
paid up license throughout the world to reproduce, distribute, publicly
display, transmit, communicate to the public, publicly perform on
a through-to-the-audience basis, create derivative works from, and
otherwise use and exploit (collectively, “Use”) all
Reviews you post to the Site, for any purpose, including promoting and
marketing Tommy John and the Products. You further grant Tommy John
a royalty-free license to use the name, image, and likeness of any person
identifiable in any Review you post to the Site. By posting a Review, you
waive any and all rights of publicity, privacy or any other rights of
a similar nature, in addition to any moral rights you may have in your
Review. Except for materials provided to you by Tommy John through the
Site, you represent, warrant, and covenant that (i) you either are the
sole and exclusive owner of Reviews that you post to the Site, or you have
all rights, licenses, consents, and releases that are necessary to grant
to Tommy John the rights in your Reviews as contemplated under the Terms,
and (ii) the Reviews you post to the Site do not (A) infringe,
misappropriate or violate the rights of any party or entity, including
a third party’s patent, copyright, trademark, trade secret, moral rights,
rights of publicity, rights of privacy or other intellectual property or
proprietary rights, (B) constitute or result in defamation, libel,
slander, or the violation of any applicable law or regulation (including,
without limitation, restrictions on obscenity, child pornography, wiretap
laws or other similar restrictions on nonconsensual recording, or
otherwise), or (C) require Tommy John to obtain any licenses from or make
any payments in any amounts to any third party throughout the world.
No Objectionable Content.
You agree not to submit Reviews that: (i) are or could be interpreted to
be infringing, defamatory, libelous, inaccurate, unlawful, harmful,
threatening, abusive, harassing, vulgar, offensive, obscene, pornographic,
objectionable, hateful, or promotes discrimination, bigotry, racism, or
hatred, as determined by Tommy John in its sole discretion; or (ii)
introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or
other harmful or malicious code.
Tommy John has no obligation to monitor this Site or any portion thereof.
However, we reserve the right to review any Reviews and remove, delete,
redact or otherwise modify such Reviews, in our sole discretion, at any
time and from time to time, without notice or further obligation to you.
Tommy John has no obligation to display or post any Reviews. Tommy John,
and from time to time, any information or posted content that it deems
necessary or appropriate, including without limitation to satisfy any
applicable, law, regulation, contractual obligation, legal, dispute
process, or governmental request.
Text Message Policy
Some of our services may allow you to receive SMS, MMS, or other text
message notifications from us (each a "Text Message"). To the extent you
voluntarily opt to have Text Messages from us sent directly to your
mobile phone, the following terms apply:
In addition to any fee of which you are notified, your mobile provider's
standard messaging rates apply to our confirmation Text Message and all
subsequent Text Message correspondence. Message and data rates may
apply, according to your individual rate plan provided by your wireless
carrier. Please consult your mobile service carrier's pricing plan to
determine the charges for browsing data and sending and receiving text
messages. Under no circumstances will Tommy John or its affiliates be
responsible for any text messaging or wireless charges incurred by you or
by a person that has access to your wireless device or telephone number.
If your carrier does not permit text alerts, you may not receive the Text
Messages from us. You can opt-out of receiving any further Text Messages
from us by replying "STOP" to any Text Message you receive from us.
We will not be liable for any delays in the receipt of any Text Messages,
as delivery is subject to effective transmission from your network
operator. SMS message services are provided on an AS IS basis. Data
obtained from you in connection with this text message service may
include your cell phone number, your provider's name, and the date, time,
and content of your messages. We may use this information to contact you
and to provide the Services you request from us. For more information on
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”)
provides recourse for copyright owners who believe that material appearing
on the Internet infringes their rights under U.S. copyright law. If you
believe in good faith that materials posted on the Site infringe your
copyright, you (or your agent) may send Tommy John a “Notification of
Claimed Infringement” requesting that the material be removed, or access
to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on
behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed
(or if multiple copyrighted works located on the Site are covered by
a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the
subject of infringing activity, and information reasonably sufficient to
allow Tommy John to locate the material on the Site;
Your name, address, telephone number, and e-mail address (if available);
A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
If you believe in good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send Tommy John
Notices and counter-notices must meet the then-current statutory
requirements imposed by the DMCA; see
for details. Notices and counter-notices with respect to the Site should
be sent to 100 Broadway, 11th Floor, New York, NY 10005 or
Consult your legal advisor and see 17 U.S.C.
§ 512 before filing a notice or counter-notice as there are penalties for
false claims under the DMCA.
Use of The Site
You agree to use the Site only for its intended purpose. You must use the
Site in compliance with all privacy, data protection, intellectual
property, and other applicable laws. The following uses of the Site are
prohibited. You may not:
attempt to interfere with, harm, reverse engineer, steal from, or gain
unauthorized access to the Site, user accounts, or the technology and
equipment supporting the Site;
frame or link to the Site without permission;
use data mining, robots, or other data gathering devices on or through
post incomplete, false, or misleading information, impersonate another
person, or misrepresent your affiliation with a person or entity;
disclose personal information about another person or harass, abuse, or
post objectionable material;
sell, transfer, or assign any of your rights to use the Site to a third
party without our express written consent;
post advertising or marketing links or content, except as specifically
allowed by these Terms;
use the Site in an illegal way or to commit an illegal act in relation
to the Site or that otherwise results in fines, penalties, and other
liability to Tommy John or others; or
access the Site from a jurisdiction where it is illegal or unauthorized.
We do not represent or guarantee the truthfulness, accuracy, or
reliability of content, posted by third parties. You accept that any
reliance on material posted by third-party service providers will be at
your own risk. By using the Site you accept the risk that you might be
exposed to content that is objectionable or otherwise inappropriate. We
may change, suspend, or discontinue any aspect of the Site at any time,
including hours of operation or availability of the Site or any feature,
without notice or liability.
We are not responsible for any disputes or disagreements between you and
any third party you interact with using the Site. You assume all risk
associated with dealing with third parties. You agree to resolve disputes
directly with the other party. You release Tommy John of all claims,
demands, and damages in disputes among users of the Site. You also agree
not to involve us in such disputes. Use caution and common sense when
using the Site.
We make no representations about accuracy, reliability, completeness, or
timeliness of any contents of the Site. Similarly, we make no
representations about accuracy, reliability, completeness, or timeliness
of any data from a third-party service provider or the quality or nature
of third-party products or services obtained through the Services. Use the
Site at your own risk.
We make no promises and disclaim all liability of specific results from
the use of the Site.
Released Parties Defined.
“Released Parties” include Tommy John and its affiliates, officers,
employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS
AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i)
THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v)
ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY
Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF TOMMY JOHN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE
SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE;
(v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER
MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT
POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR
IN CONNECTION WITH THE SITE OR YOUR USE OF TOMMY JOHN CONTENT, REGARDLESS
OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR
OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties
from and against any claims, actions, or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting
from (i) your use of or reliance on any third-party content, (ii) your use
of or reliance on any Tommy John Content, or (iii) your breach of these
Terms. We will provide notice to you promptly of any such claim, suit, or
These Terms and the relationship between you and Tommy John will be
governed by the laws of the State of New York without regard to its
conflict of law provisions. You and Tommy John agree to submit to the
personal and exclusive arbitration of any disputes relating to your use of
the Site under the rules of the American Arbitration Association. Any such
arbitration, to the extent necessary, will be conducted in New York County
in the State of New York. You covenant not to sue Tommy John in any other
You also acknowledge and understand that, with respect to any dispute with
the Released Parties arising out of or relating to your use of the Site,
purchase of Products, or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO
PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT
INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT
IS FOREVER BARRED.
Notwithstanding any of these Terms, we reserve the right, without notice
or attendant liability, and in our sole discretion, to terminate your
license to use this Site, and to block or prevent future access to and use
of this Site for any reason or no reason. Upon termination, these Terms
will still apply.
We Reserve the Right to Update and Revise These Terms at Any Time
From time to time we review these Terms to ensure that they comply with
applicable law. Consequently, we reserve the right to update and revise
these Terms at any time. You will know if these Terms have been revised
since your last visit to the website by referring to the “Effective Date
of Current Policy” date at the top of this page; provided, however, that
we will endeavor to provide you with prior notice of any material changes.
Your use of our website constitutes your acceptance of the terms of these
Terms as amended or revised by us from time to time, and you should
therefore review these Terms regularly to ensure that you are aware of its
Our failure to partially or fully exercise any rights or our waiver of any
breach of these Terms by user shall not prevent our subsequent exercise of
such right or be deemed a waiver by us of any subsequent breach by you of
the same or any other term of these Terms. Our rights and remedies under
these Terms and any other applicable agreement between you and us shall be
cumulative, and the exercise of any such right or remedy shall not limit
our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason
unenforceable, that term will be severed and will not affect the validity
and enforceability of any remaining term or condition.
These Terms constitute the entire agreement between the user and Tommy
John with respect to this Site and supersede all prior or contemporaneous
communications and proposals, whether electronic, oral or written with
respect to this Site. A printed version of these Terms and of any notice
given in electronic form will be admissible in judicial or administrative
proceedings based upon or relating to these Terms to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. Any rights not
expressly granted herein are reserved.