Terms of Use

Use of the Takeo Spikes Official Website (the "Website") is subject to the following terms of use:
 
1. Website Ownership
 
The Website is owned by TKO 51 Enterprises, LLC ("TKOLLC"). All materials distributed in the Website (the "Materials") are either owned by or licensed to TKOLLC. TKOLLC and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of TKOLLC. Materials must not be used in any unauthorized manner.
 
2. TKOLLC may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. TKOLLC may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

3. Orders

  1. TKOLLC and its service providers are not responsible for damage to your order. If you receive a damaged order, TKOLLC will work with you to try and rectify the situation; provided you contact store@takeospikes51.com within 48 hours of receiving your defective or damaged order. Please note that TKOLLC AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR OR SERVICE PROVIDER, THE MERCHANDISE OFFERED BY THE VENDORS OR SERVICE PROVIDERS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE OR THE SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES OR MERCHANDISE. ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. TKOLLC reserves the right to modify the price of any Merchandise or Services. Neither TKOLLC nor its service providers are responsible for any error in copy or images relating to Merchandise, Services or tickets. Remember, if for some reason, you do not receive the product as stated, contact us immediately. Thank you again for shopping at takeospikes51.com.
  2. Questions relating to the Store, merchandise and its fulfillment should be directed to TKOLLC either by: (i) e-mail to store@takeospikes51.com
 
4. Linking
 
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by TKOLLC or any of its affiliates of any third party Web site or content. TKOLLC is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.
 
5. No Resale of Product Or Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the service, without written permission from TKOLLC.
 
6. Notice

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to these terms or other matters by displaying notices or links to notices to you generally on the Service.
 
7. Limitations on Liability
 
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY TKOLLC OR ANY ACT OR FAILURE TO ACT BY TKOLLC, ITS SERVICE PROVIDERS OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
B. IN NO EVENT SHALL TKOLLC OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES OR MERCHANDISE.
C. IN NO EVENT SHALL TKOLLC, ITS SERVICE PROVIDERS, OR ITS VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, MERCHANDISE, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TKOLLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF TKOLLC AND ITS SERVICE PROVIDERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
D. IN NO EVENT SHALL TKOLLC, OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
 
8. Indemnification
 
You hereby agree to indemnify and hold TKOLLC and its service providers, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services, Merchandise and/or tickets purchased via the Website; or (B) any alleged breach of this Agreement by you.
 
9. Termination
 
TKOLLC may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. TKOLLC may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in TKOLLC's exclusive discretion, without prejudice to any legal or equitable remedies available to TKOLLC, for any reason or purpose, including, but not limited to, conduct that TKOLLC believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which TKOLLC believes is harmful to other customers, to the TKOLLC's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by TKOLLC in its sole discretion. In addition and without prejudice to any other remedy available to TKOLLC, TKOLLC may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by TKOLLC.
 
10. Choice of Law; Jurisdiction; Attorneys' Fees 
 
This Agreement will be governed by the laws of the State of Georgia applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Fulton County will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. TKOLLC will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
 
11. Miscellaneous
 
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. TKOLLC in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 7, 8, 9, 10, 11 and 12 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
 
12. Acceptance of Terms of Use
 
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. TKOLLC may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.