Mobile Terms & Conditions
TacticalGear.com offers its customers mobile marketing alerts regarding promotions, sales, offers, and cart reminders by SMS message (the "Service") on short code 58963. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. TacticalGear.com reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
Once you affirm your choice to opt in to the Service on short code 58963, your message frequency may vary. You may receive alerts about:
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred as a result of using the Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. TacticalGear.com may add or remove any wireless carrier from the Service at any time without notice. TacticalGear.com and mobile carriers are not responsible for delays, delivery failures, or errors in messages.
To stop receiving text messages from TacticalGear.com, text STOP to 58963 at any time or reply STOP to any text message you have received from TacticalGear.com. After texting STOP to 58963, you will receive one additional message confirming that your request has been processed.
You can text HELP to 58963 at any time or contact us here.
These mobile terms and conditions are subject to change at any time without notice.
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of TacticalGear.com will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and TacticalGear.com agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration. The arbitrator or arbitrators must honor the terms and limitations in this Agreement and can award damages and relief authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TACTICALGEAR.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. UNLESS YOU AND TACTICALGEAR.COM AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and TacticalGear.com are each responsible for our respective costs relating to counsel, experts, witnesses, and any other costs relating to the arbitration. TacticalGear.com, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section is illegal, invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability. All other terms shall remain in full force and effect. To the extent permitted and possible, the invalid or unenforceable term shall be replaced by a valid and enforceable term that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability is not due to serious misconduct by the Party seeking such compensation.
