To the T! Boutique MOD Squad Terms and Conditions
The following terms and conditions (" Terms") apply to your participation in the To the T! MOD Squad program. These Terms are between you and To the T! Boutique and/or its affiliates (“To the T!” or “us”) and govern our respective rights and obligations. The Terms, together with any additional applicable terms and conditions related to any promotional offers provided to you for use with the MOD Squad program, constitute the entire agreement between you and To the T! Boutique related to your MOD Squad program membership. Please note that your use of the To the T! Boutique website and membership in the MOD Squad program are also governed by other terms and conditions for use of the rocktothet.com website, including To the T! Terms of Use and our Privacy Policy as well as any other applicable terms, conditions, limitations, and requirements on the rocktothet.com website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a MOD Squad membership, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.
Shipping Benefits
Membership in the MOD Squad program entitles members to two-day shipping and other discounted shipping benefits on select ship options, such as one-day shipping. Availability of discounted shipping benefits depends on inventory availability, order deadlines, and in some cases the shipping address. The Flash program uses the terms one-day and two-day shipping. These terms are defined as follows:
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One-day and two-day shipping refer to your estimated delivery date after our estimated shipping date.
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Product availability will affect when the product is shipped and thus affect the timing of delivery.
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One-day and two-day shipping apply to business days and not to weekends or holidays. Saturday and Sunday delivery may be available for certain locations.
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We may ship the products by ground or air at our discretion.
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Delivery of products within the estimated transit time or by the estimated delivery date are not guaranteed.
Eligible Purchases
MOD Squad membership shipping benefits are limited to certain products sold by To the T! Boutique on the rocktothet.com/shoptothet.com US website. The MOD Squad program does not affect special product, order, handling fees, and/or taxes that may apply. Changing or combining orders, or changing your shipping address, speed, or preferences might affect eligibility of the shipment for inclusion in the MOD Squad program. Certain products may not be entitled to MOD Squad program shipping benefits because of their size, weight, and other shipping requirements.
The MOD Squad FAQs provide additional information about eligible items, shipping cost, shipping speed, and shipping destinations.
Other Limitations
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To the T! Boutique may accept, refuse or terminate membership in the MOD Squad program at our discretion.
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You may not transfer or assign your MOD Squad membership or any MOD Squad program benefits.
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MOD Squad program benefits cannot be used to ship products purchased for the purpose of resale to others.
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To the T! Boutique may in its sole discretion add or remove MOD Squad membership benefits from paid or free promotions.
Fees
The annual membership fee for the MOD Squad program is $25. To the T! Boutique may offer different membership terms, and the fees for membership may vary. The MOD Squad membership fee is non-refundable except as expressly set forth below. Taxes may apply on either or both of the membership fee and the reduced shipping charges for MOD Squad program shipments. Please notify us immediately if you want to cancel your MOD Squad membership.
Membership Cancellation or Termination
The MOD Squad membership fee is to be paid in full on an annual basis and is non-refundable once paid. There is no pro-rata refund if the membership is cancelled prior to the end of the term. Your membership will automatically terminate after one year. If you wish to continue your MOD Squad membership beyond the term, you will be required to affirmatively re-enroll for the following year.
Agreement Changes
We may in our discretion change these Terms, rocktothet.com Terms of Use and Privacy Policy, or any aspect of the MOD Squad program that is found invalid, void, or for any reason unenforceable. Any such change to these Terms will be posted on the rocktothet.com website in the MOD Squad FAQs and is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Termination By Us
We may terminate your MOD Squad membership at our discretion without notice. We will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the MOD Squad program, or is harmful to our interests or to another user. Our failure to insist upon or enforce strict compliance with these Terms will not constitute a waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN To the T! Boutique’s Terms of Use WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, JOINT VENTURES, THIRD-PARTY SERVICE PROVIDERS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE MOD SQUAD PROGRAM OR YOUR MOD SQUAD MEMBERSHIP. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MOD SQUAD MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.