1) Acceptance of these Terms
These Terms & Conditions (“Terms”) govern your access to and use of TackTack’s website, apps, and related services (collectively, the “Platform”). By creating an account, accessing, or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
If you are using the Platform on behalf of a business or other entity, you represent and warrant that you have authority to bind that entity to these Terms.
2) TackTack is a marketplace (we do not carry inventory)
TackTack is a marketplace that helps connect buyers and sellers of equestrian-related products. TackTack does not own, store, manufacture, inspect, or ship items listed on the Platform.
Any purchase is a transaction directly between the buyer and the seller. TackTack is not a party to the sales contract, does not transfer title, and does not provide guarantees about items listed by users.
3) Accounts and eligibility
You are responsible for all activity on your account and for maintaining the confidentiality of your login credentials. You agree to provide accurate, current, and complete information and keep it up to date.
You may not use the Platform if you are prohibited from doing so by applicable U.S. law. If you are under the age of majority in your state, you may use the Platform only with the involvement of a parent or legal guardian and only where permitted by law and our payment providers.
4) Listings, seller responsibilities, and prohibited items
Sellers are solely responsible for their listings and for ensuring that listings are accurate, lawful, and not misleading, including item condition, authenticity, compatibility, sizing, pricing, taxes, and any required disclosures.
You may not list illegal items, stolen goods, or items that violate third-party rights (including intellectual property). TackTack may remove listings and/or suspend accounts in its sole discretion.
Sellers must also comply with our posted marketplace policies, including policies covering prohibited items, seller disclosures, shipping obligations, and off-platform transactions.
5) Payments, fees, and third-party providers
The Platform may use third-party payment processors and service providers. Your use of those services is subject to their terms and policies. TackTack does not control and is not responsible for third-party services, outages, errors, or fees.
TackTack may charge fees for certain services (e.g., marketplace fees). Fees are generally non-refundable except where required by law or expressly stated by TackTack.
We may authorize a buyer's payment method when an order is placed and capture funds at or after shipment, subject to our payment flow, fraud controls, and processor requirements.
You may not circumvent Platform fees by completing transactions outside the Platform after a buyer and seller are introduced through TackTack.
6) Shipping, delivery, and carrier responsibility
Sellers are solely responsible for packaging, labeling, and shipping items. Sellers must ship within the time shown on the Platform or otherwise communicated by TackTack, and we may cancel orders that are not timely accepted or shipped.
Once a package is accepted by the carrier, the carrier is responsible for delivery. TackTack is not liable for lost, delayed, misdelivered, damaged, or stolen packages. Any claims must be filed directly with the carrier and/or handled between buyer and seller.
7) Returns, refunds, and user disputes
Returns and refunds are determined by sellers unless otherwise required by applicable law or expressly covered by a posted TackTack protection or refund policy. TackTack may provide tools or support to help users resolve disputes, but does not guarantee any outcome and is not obligated to intervene.
You agree that disputes about item condition, authenticity, performance, fit, or satisfaction are between the buyer and seller.
To qualify for any on-platform buyer or seller protection, the order and related communications must remain on TackTack. Disputes generally must be opened within the window stated on the applicable order flow or policy page.
8) User content and platform immunity (Section 230)
Users may post content such as listings, photos, descriptions, reviews, and messages (“User Content”). You retain ownership of your User Content, but you grant TackTack a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting), display, and distribute User Content in connection with operating and promoting the Platform.
TackTack does not control, endorse, or assume responsibility for User Content. To the fullest extent permitted by law, TackTack is protected by Section 230 of the Communications Decency Act and shall not be treated as the publisher or speaker of User Content.
9) Prohibited conduct
- Violating any applicable law or regulation.
- Fraud, misrepresentation, or posting false or misleading listings.
- Harassment, abuse, or interference with other users.
- Attempting to bypass Platform fees or protections.
- Reverse engineering, scraping, or disrupting Platform security or operations.
- Uploading malware or using the Platform to harm others.
- Infringing intellectual property or other rights.
10) Suspension and termination
TackTack may suspend or terminate your access to the Platform at any time, with or without notice, if we believe you violated these Terms, pose a risk to the Platform or users, or as otherwise necessary to protect TackTack.
11) Disclaimers
The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, TackTack disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
TackTack does not warrant that the Platform will be uninterrupted, error-free, or secure, or that defects will be corrected.
California Consumer Rights. Nothing in these Terms is intended to exclude or limit any rights or remedies that cannot be excluded or limited under California law, including rights under the California Consumer Legal Remedies Act (CLRA).
12) Limitation of liability
To the maximum extent permitted by law, TackTack shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses.
To the maximum extent permitted by law, TackTack’s total liability for any claim arising out of or relating to these Terms or the Platform will not exceed the total fees paid to TackTack by you in the twelve (12) months preceding the event giving rise to the claim.
13) Indemnification
You agree to defend, indemnify, and hold harmless TackTack and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Platform, your transactions, your User Content, or your violation of these Terms.
14) Arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY. It affects your rights. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration on an individual basis, and not in a class, consolidated, or representative action, to the maximum extent permitted by law.
The arbitration will be administered by a recognized arbitration provider under its applicable rules. Judgment on the award may be entered in any court of competent jurisdiction.
Opt-Out Right. You may opt out of arbitration by sending written notice to legal@tacktack.co within thirty (30) days of first accepting these Terms. Your notice must include your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration.
15) Governing law and venue
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. If arbitration does not apply to a claim, the exclusive venue for any action shall be the state or federal courts located in California, and you consent to personal jurisdiction in those courts.
16) Changes to these Terms
We may modify these Terms at any time. If we make material changes, we may provide notice by posting updated Terms on the Platform or through other reasonable means. Your continued use of the Platform after changes become effective constitutes acceptance of the updated Terms.
17) Miscellaneous
- Severability: If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
- Assignment: You may not assign these Terms without TackTack’s written consent. TackTack may assign these Terms at any time.
- Entire Agreement: These Terms constitute the entire agreement between you and TackTack regarding the Platform.
- Survival: Sections relating to disclaimers, limitation of liability, indemnification, arbitration, and this section survive termination.