Terms and Conditions
Welcome to toughspiritunlimited.com!
These terms and conditions outline the rules and regulations for the use of Tough Spirit Unlimited’s Website, located at https://toughspiritunlimited.com.
By accessing this website, you accept these terms and conditions. Do not continue to use toughspiritunlimited.com if you do not agree to take all of the terms and conditions stated on this page. Throughout this page the customer (person buying a product or simply using our website) may be referred to as “customer”, “purchaser”, “buyer”, “you”, “your”, “user”, and other terms. The company Tough Spirit Unlimited LLC is referred to as “Tough Spirit Unlimited”, “T.S.U,” and “we.” These Terms and Conditions will be referred to as such, as well as “Agreement.”
Disclaimer:
We know this disclaimer may shine a negative light on the hat clip, but we are just trying to cover all our bases. We do our best to serve you and give you our best product in order to help our country’s veterans.
In order to ensure that the hat clip stays firmly on the brim, the hat clip is tight and could cause slight damage to the brim upon placement on or removal from a hat. Tough Spirit Unlimited (T.S.U.) does not assume damage done to hats. These hat clips are also subject to tarnishing (oxidation). T.S.U. does not reimburse for, or replace, hat clips that become tarnished; however you can easily remove tarnish from your clip. Additionally, the brass and silver colored casings may have a brass or silver colored primer; there is no way to determine which one you will receive. Furthermore, most of all these bullet casings have already been fired in a gun, and, therefore, may contain small amounts of lead and other chemicals/substances. The casings have been washed, and we do not expect any harm to come from the chemicals/substances on them, but just to be safe, please wash your hands after handling the casings and avoid touching your eyes and mouth after handling them. If you have any concerns about traces of lead, gun powder, or other substances, feel free to wash the casing again.
The hat clips are to be attached and removed from the hat while not wearing the hat. There may be potential bodily harm if someone tries to put a clip on their hat while they are wearing the hat. So please take the hat off and then put on the bullet hat clip. This goes without saying, but don’t put the hat clip near your eye. Children should be supervised when wearing or within reach of the hat clip.
These hat clips are handmade and at times may have rough areas or edges. Please take care when handling the hat clips. If you feel that one of the areas is too rough for you, you can easily file away any shavings or rough spots. Depending on the thickness of the hat brim, take a look at the “How to properly install the hat clip” video at the bottom of the photo gallery page to adjust it to your hat.
Because the hat clips are homemade and have been previously shot, some of the casings may have small dents, scratches, slight discolorations, and other imperfections. We do our best to make these hat clips for y’all and to support our veterans. As a reminder, all sales are final, we do not accept returns. If there are any questions, concerns that you didn’t receive the hat clip, or something of the kind, please send us an email, and we will get back to you as fast as we can.
Thank you so much for your purchase! You are helping the heroes we call veterans to continue to write their courageous legacies!
T.S.U. does not assume any damage done through the misuse of the product as stated in the above paragraphs in this disclaimer or from any other misuse.
Delivery and Shipping
We will be shipping through the USPS to the address that the customer provides. It is the customer’s responsibility to provide correct address, credit card information, and other information required during checkout. You should expect the package to arrive within 1-2 weeks. If it hasn’t arrived within 2 weeks, please send us an email, and we do our best to resolve the issue. We will also email you a receipt for your purchase, which includes a package tracking number that you can track through the USPS website.
Customer expectations
We expect our customers to provide accurate payment information, and not engage in illegal or fraudulent activities.
Indemnification
Purchaser agrees to defend, indemnify, and hold harmless Tough Spirit Unlimited (T.S.U.), its directors, officers, employees, agents and affiliates, from and against any and all claims, suits, proceedings (actual or threatened), liabilities, losses, costs, damages or expenses, of whatever nature, including attorneys’ fees and litigation costs, that are asserted against or incurred by T.S.U. or any such director, officer, employee, agent or affiliate, by reason of or arising out of a claim from a third party alleged to have resulted from the gross negligence, willful misconduct, conduct or bad faith of Purchaser in connection with Purchaser’s purchase, practices, the performance of any obligation required by law, or Purchaser’s or T.S.U.’s violation of any applicable laws to which Purchaser or T.S.U. is subject by virtue of T.S.U.’s actions or service on behalf of Purchaser.
This provision shall survive the termination of this Agreement.
Limited Liability
T.S.U. shall not have any liability, based on exclusive or contributory negligence or otherwise, to the other party or any person asserting any claim on behalf of or in right of such other party in connection with or as a result of any products sold to Purchaser or any matter referred to in this Agreement. Under no circumstances will t.s.u. be liable to the other party for any special, indirect, consequential, exemplary or punitive damages, arising from any performance or failure to perform under this Agreement or otherwise, even if such party knew or should have known the possibility thereof, and purchaser hereby releases t.s.u. and waives any claims against it regarding such damages. Under no circumstances will t.s.u.’s liability under this Agreement, in connection with the purchases provided hereunder, exceed the total amount actually paid to and received by t.s.u. pursuant to this Agreement.
This provision shall survive the termination of this Agreement.
Claims Period Limitation
Purchaser will not be entitled to recover any amounts to which it is entitled by this Agreement if the Purchaser seeking such recovery or enforcement either knew or with reasonable diligence should have known of the facts or conditions giving rise to its claim and failed to notify the other party in writing within one (1) month. This provision shall survive the termination of this Agreement.
No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Cookies:
The website uses cookies to help personalize your online experience. By accessing toughspiritunlimited.com, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, Tough Spirit Unlimited and/or its licensors own the intellectual property rights for all material on toughspiritunlimited.com. All intellectual property rights are reserved. You may access this from toughspiritunlimited.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from toughspiritunlimited.com
Sell, rent, or sub-license material from toughspiritunlimited.com
Reproduce, duplicate or copy material from toughspiritunlimited.com
Redistribute content from toughspiritunlimited.com
This Agreement shall begin on the date hereof.
Parts of this website offer users an opportunity for users to share some of their veteran stories. To do this, those who want to share their story have to send the stories to T.S.U. beforehand by email, and then we will put it on the website. Tough Spirit Unlimited reserves the right to filter, edit, publish, review, or not include certain stories before their presence on the website, in case they are considered inappropriate, offensive, or causes breach of these Terms and Conditions. Comments and stories do not always reflect the views and opinions of Tough Spirit Unlimited, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Tough Spirit Unlimited shall not be liable for the Comments, stories or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the stories/comments on this website. With these stories T.S.U. will include the first name of the person who sent it, unless the sharer specifically asks not to. By accepting these Terms and conditions, the sharer/user gives T.S.U. the right to use their first name with their post/story.
You warrant and represent that:
You are entitled to post the Comments and stories on our website and have all necessary licenses and consents to do so;
The stories and comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments and stories do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments or stories will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Tough Spirit Unlimited a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments/stories in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Search engines;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Tough Spirit Unlimited; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Tough Spirit Unlimited. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 1-2 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Tough Spirit Unlimited's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
No Partnership
Nothing in this Agreement shall constitute or be construed as constituting or establishing any partnership or joint venture between the parties for any purpose whatsoever.
Invalidity
If any provision or part of a provision of this Agreement is held invalid, illegal or unenforceable, it shall be deemed to be deleted, and the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Governing Law and Choice of Forum
This Agreement and all disputes arising out of or related to this Agreement or the Services will in all respects be governed by, and construed, interpreted and enforced in accordance with, the internal laws of the State of Texas without giving effect to its principles of conflict of laws. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the federal and state courts located in the State of Texas, and any appellate court from any thereof, for any action, litigation or proceeding of any kind whatsoever arising from or relating to the Products or this Agreement, including the breach, termination or invalidity thereof, and agrees to bring such action, litigation or proceeding only in the federal and state courts located in the State of Texas, and any appellate court from any thereof.
Privacy Policy
By using toughspiritunlimited.com you acknowledge and accept the privacy policy as stated in the separate privacy policy agreement.
Entire Agreement
These terms contain the whole agreement between the parties with respect to its subject matter and supersede any prior or contemporaneous written or oral agreement or understanding between the parties with respect to such subject matter. In the event of conflict among any terms and conditions of this Agreement, the provisions contained in these Terms of Engagement shall govern. In entering into this Agreement, neither party has relied upon any statement, representation, warranty or agreement of the other party. Purchaser agrees that its only right in respect of the representations and warranties set out in this agreement shall be for breach of contract.
T.S.U. reserves the right to edit these terms and conditions at any time, and it is the user’s responsibility to be up-to-date on the changes. By continuing to use the website after changes occurred in these terms and conditions, the user automatically accepts the terms and conditions.
If have any questions please send us an email with you question or concerns at: sydneyandthomas@toughspiritunlimited.com.