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Terms Of Service

Effective Date: 7.4.2025

1. Introduction

Welcome to The Tournament House ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website located at www.thetournamenthouse.com ("Website") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

2. Eligibility

By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms.

3. Accounts and Registration

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. You agree to:

  • Provide true, accurate, current, and complete information during the registration process.
  • Maintain and promptly update your account information to keep it accurate and current.

3.2 Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account login credentials.
  • All activities that occur under your account.
  • Notifying us immediately of any unauthorized use of your account.

4. Orders and Payment

4.1 Product Availability

All products listed on the Website are subject to availability. We reserve the right to limit the quantities of any products or services that we offer.

4.2 Pricing

Prices for our products are subject to change without notice. We are not liable for any price changes, modifications, or discontinuance of products.

4.3 Payment Terms

  • Accepted Payment Methods: Visa, MasterCard, American Express, PayPal, Google Pay, Apple Pay
  • Payment Processing: Payments are processed securely through Shopify/Stripe.
  • Billing Information: You agree to provide current, complete, and accurate billing information.

4.4 Order Acceptance

We reserve the right to refuse or cancel any order for reasons including but not limited to:

  • Product or service availability
  • Errors in the description or price of the product.
  • Suspected fraudulent or unauthorized transactions.

5. Shipping and Delivery

5.1 Shipping Policy

Please refer to our Shipping Policy for information on our shipping policy.

5.2 Risk of Loss

All purchases are made pursuant to a shipment contract. Risk of loss and title for items pass to you upon our delivery to the carrier.

6. Returns and Refunds

Please refer to our Return and Refund Policy for information on returns, exchanges, and refunds.

7. Intellectual Property Rights

7.1 Ownership

All content on the Website, including text, graphics, logos, images, and software, is the property of The Tournament House or its content suppliers and is protected by intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.

7.3 Restrictions

You agree not to:

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission.
  • Use any meta tags or other hidden text using our name or trademarks without our express written consent.

8. User Content

8.1 Submissions

If you submit or post any content ("User Content") to the Services, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content.

8.2 Prohibited Content

You agree not to submit any User Content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
  • Infringes on any intellectual property or other proprietary rights of any party.

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating Laws and Rights: Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
  • Disruption: Interfere with or disrupt the Services or servers or networks connected to the Services.
  • Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services.

10. Disclaimers and Warranties

10.1 "AS IS" Basis

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, expressed or implied, regarding the Services.

10.2 No Warranty

We do not warrant that:

  • The Services will meet your specific requirements.
  • The Services will be uninterrupted, timely, secure, or error-free.
  • The results obtained from the use of the Services will be accurate or reliable.

11. Limitation of Liability

In no event shall The Tournament House, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

  • Your use or inability to use the Services.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from the Services.

12. Indemnification

You agree to indemnify, defend, and hold harmless The Tournament House and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

  • Your use of and access to the Services.
  • Your violation of any term of these Terms.
  • Your violation of any third-party right, including intellectual property or privacy rights.

13. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of Arizona, United States without regard to its conflict of law provisions.

15. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to the Terms of Service, your use of the website, or the products or services provided by The Tournament House (collectively, "Disputes"), the parties agree to first attempt to resolve the matter informally by contacting the other party. If a resolution is not reached within thirty (30) days, any Dispute shall be resolved exclusively through binding arbitration conducted in accordance with the rules of the American Arbitration Association ("AAA") in Phoenix, Arizona, unless both parties agree otherwise in writing. The arbitration shall be conducted by a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. You agree that any such arbitration will be conducted on an individual basis only, and not in a class, consolidated, or representative action. Notwithstanding the foregoing, you and The Tournament House each retain the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriations of a party's intellectual property rights. By using this website, you agree to waive your right to a jury trial or to participate in a class action related to any Dispute.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting to the Website. It is your responsibility to review these Terms periodically.

17. Miscellaneous

17.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in effect.

17.2 Entire Agreement

These Terms constitute the entire agreement between us regarding our Services and supersede any prior agreements.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Mobile Messaging Terms

The Tournament House (“we,” “us,” “our”) offers a mobile messaging program that includes informational and promotional text messages related to orders, customer support, product updates, and marketing (“SMS Program”). By providing your mobile number and opting in on our website or otherwise, you consent to receive text messages from us at the mobile number you provided. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply.

18.1 Opt-In

You may opt in by submitting your mobile number in our site forms with the applicable consent checkbox selected or by otherwise providing written consent. By opting in, you represent that you are the subscriber or customary user of the number provided and are 18 years of age or older.

18.2 Opt-Out and Help

You can opt out at any time by replying STOP to any message. You may receive a final confirmation message. For support, reply HELP or contact us at contact@thetournamenthouse.com or 888-404-2874.

18.3 Types of Messages

We may send transactional messages, including order confirmations, shipping updates, and service notices, and promotional messages, including offers, product launches, and reminders. Promotional messages are sent only if you have provided the required marketing consent.

18.4 Costs

Message and data rates may apply from your carrier. You are responsible for any such charges. Message frequency varies.

18.5 Eligibility and Responsibilities

By participating, you confirm that you are the current subscriber or customary user of the enrolled number and that you have authority to consent. If you change or deactivate your number, you must promptly update your account and consents to prevent messages intended for you from being sent to a new subscriber.

18.6 Privacy

We process your personal information in accordance with our Privacy Policy. This includes your mobile number, consent status, time stamps, message logs, and related technical data necessary to provide the SMS Program.

18.7 Carriers

Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your carrier and network operator services.

18.8 E-Sign Disclosure

By opting in electronically, you agree to receive disclosures and communications about the SMS Program electronically. To withdraw consent, reply STOP or contact us using the details above.

18.9 Disputes

Any disputes arising from or relating to the SMS Program are subject to the Dispute Resolution terms in Section 15, including individual arbitration and the class-action waiver.

18.10 Changes

We may modify or suspend the SMS Program or these Mobile Messaging Terms at any time. Updates will be posted on this page and are effective upon posting.

19. Contact Information

If you have any questions about these Terms, please contact us:

The Tournament House

5900 Balcones Dr., Suite 100, Austin, TX 78731

contact@thetournamenthouse.com

888-404-2874