Tommy John Terms & Conditions

Last Revised: July, 2024

The following Terms and Conditions (the "Terms"), govern your use of the Tommy John website, www.tommyjohn.com, and all other online properties and applications (the "Site") operated by Tommy John, Inc., d/b/a Tommy John ("Tommy John", "we", or "us"). Our Privacy Policy and our Shipping and Returns Policy are hereby incorporated into these Terms by this reference and apply to your use of the Site and any Product purchase orders you place through the Site.

PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. We provide the Site in order to enable you to browse and purchase Tommy John apparel (collectively, the "Products"). By using the Site, including by placing an order to purchase Products via the Site, you agree to these Terms without limitation or qualification. If you do not agree to these Terms in their entirety, then you must exit the Site immediately and discontinue any use of the Site.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS SET FORTH IN THE "ARBITRATION AGREEMENT" SECTION BELOW.

Eligibility. No part of the Site is intended for use by persons under the age of 18. We do not knowingly collect or solicit personally identifiable information from children under 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.

Geographic Limitations. The Site is controlled and operated by Tommy John from the United States, and is not intended to subject Tommy John to the laws or jurisdiction of any state, country or territory other than that of the United States. Tommy John does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site or place orders for Products through the Site, you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Changes to the Site and these Terms. Tommy John reserves the right, at any time and in our sole discretion, to: (i) modify, suspend or discontinue the Site or any service, content, feature or Product offered through the Site, with or without notice; (ii) charge fees in connection with use of the Site; (iii) modify and/or waive any fees charged in connection with the Site; and/or (iv) offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or Product offered through the Site. Further, Tommy John reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site and prior to placing any orders for Products through the Site, you should review the current Terms & Conditions. You can determine when these Terms were last revised by referring to the "Last Revised" legend at the top of these Terms. Your continued use of the Site or submission of any order to purchase Products through the Site constitutes your acceptance of the current Terms.

Tommy John Content. Unless otherwise noted, the Site and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, the selection and arrangement of such content, and the copyrights, logos, trade names, trademarks, trade dress, and/or other intellectual property rights in the foregoing (collectively, the "Tommy John Content"), is the property of Tommy John or its licensors, partners or affiliates and is protected by United States and international copyright, trademark, and other intellectual property laws. Any unauthorized use of any Tommy John Content is strictly prohibited. All Tommy John Content is provided on an "as is" and "as available" basis and we expressly disclaim all warranties of any kind, whether express or implied, with respect to the Tommy John Content appearing on the Site.

License and Access. We grant you a limited license to access and use the Site for personal, noncommercial use only. You may access and use the Site solely in accordance with all applicable laws and these Terms. You may download, print and copy Tommy John Content for personal, noncommercial purposes only, provided you do not modify or alter the Tommy John Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Tommy John Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms.

You shall not:

Resell or make any commercial use of the Site or the Tommy John Content;
Copy, reproduce, distribute, publish, download, display, perform, post, or transmit any Tommy John Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as set forth in these Terms;
Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
Frame or link to the Site, except as set forth in these Terms;
Use a buying agent to conduct transactions on the Site;
Conduct fraudulent activities on the Site;
Use data mining, robots, or other data gathering devices on or through the Site;
Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity on the Site;
Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise;
Disclose personal information about another person or harass, abuse, or post objectionable material on the Site;
Use the Site in a way that is illegal or that otherwise results in fines, penalties, and other liability to Tommy John or others;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

User Account. To facilitate purchases on the Site, you may be prompted to create an account by providing an email address and password. Your account is personal to you, and you should not share your account information with, or allow access to your account by, any third party. You are solely responsible for: (i) maintaining the security and confidentiality of your account and your account username and password; (ii) using reasonable efforts to prevent unauthorized access to or use of your account; and (iii) keeping the email address associated with your account current. You are solely responsible and liable for all activities that occur under your account, including, without limitation, purchases of Products through the Site.

If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Tommy John by emailing us at support@tommyjohn.com. You will be solely responsible for the losses incurred by Tommy John and others due to any unauthorized use of your account. We reserve the right to disable any user account at any time, for any reason. You agree that we shall not be liable to you or any third party for any termination of your account or access to the Site. You represent and warrant that the information you provide to Tommy John upon creating an account on the Site, and at all other times, will be true, accurate, current, and complete.

Electronic Communication. By registering for an account or otherwise providing us your email address and/or phone number, you consent to receive communications from us electronically by email and/or phone (including Text Messages), respectively. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

You may be presented with the option to receive SMS, MMS, or other text message notifications from us and on our behalf, including, but not limited to, notifications made using an automatic telephone dialing system (each, a "Text Message"). By consenting to receive Text Messages sent directly to your mobile phone, the following terms apply:

Message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence, according to your individual rate plan provided by your wireless carrier. Please consult your wireless carrier's pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will Tommy John or its affiliates be responsible for any Text Messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt-out of receiving any further Text Messages from us by replying "STOP" to any Text Message you receive from us.

We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an "as is" and "as available" basis. Data obtained from you in connection with Text Message services may include your cell phone number, your wireless carrier's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. You also agree to notify us if your telephone number changes. Your receipt of Text Messages is subject to termination in the event that your mobile telephone service terminates or lapses. For more information on how we use telephone numbers, please view our Privacy Policy.

Product Orders. All orders of our Products must be for personal use only. By purchasing our Products, you agree not to resell or distribute such Products for any commercial purposes. Tommy John reserves the right, in our sole discretion, to take steps to verify your identity to process your order.

We reserve the right, in our sole discretion, to refuse to accept, choose not to process, or to cancel any order you place with us for any reason, including when we have reason to suspect a violation of these Terms. We also reserve the right, in our sole discretion, to limit quantities of Products purchased per account, per payment card, or per order. This may occur, for example, when the Product you wish to purchase is out of stock or has been mispriced, when we have reason to suspect that your order is not for personal use, or in other circumstances we deem appropriate in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was placed or associated with your user account.

The Site describes and provides pricing for Products available for purchase, and may provide information regarding the availability of merchandise. The Product prices displayed do not include taxes and shipping costs. Any applicable taxes and shipping costs will be displayed on the checkout page before you place an order. Product price and availability information is subject to change without notice. We cannot guarantee that a Product listed as in stock when you place an order will actually be in stock when we attempt to process the order. If Tommy John determines that a product you ordered is no longer available, the item will be cancelled from your order and Tommy John will attempt to notify you by contacting the email address provided at the time the order was placed or associated with your user account.

We may offer certain "quick shop" and "add to cart" features for various Products. These features allow you to view price information about the Product and add the product to your cart without opening the Product page. The "quick shop" feature and "add to cart" feature are offered for your convenience only. The Product page is where you will find more detailed information about a Product, including its features and pricing.

Tommy John attempts to provide accurate descriptions of Products on the Site. Tommy John does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product offered on the Site is not as described, your sole remedy is to return the Product, as specified in the Shipping and Returns Policy.

Without limiting the foregoing, Tommy John reserves the right, in our sole discretion, to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, Tommy John Content, promotion offers, Product descriptions or specifications, or other information on the Site or with respect to Products without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by applicable law).

Payments. We currently use third parties to process payments. Our third-party payment processors ("Payment Processors") accept payments through various payment cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also use PayPal as a payment option on our Site. By placing orders on the Site, you agree to comply with the relevant terms and conditions of our Payment Processors.

You must provide current, complete, and accurate payment information in order to complete a purchase. By providing payment information, you consent to the processing of such information as described in our Privacy Policy. You must promptly notify us or the applicable Payment Processor if your payment information is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. You represent and warrant that you have the legal right to use any payment card(s) or other payment method(s) utilized in connection with any transaction on the Site.

United States Dollars. All prices on the Site are stated in U.S. dollars, and any monetary transactions related to the Site and Products will take place in U.S. dollars. You are solely responsible for any fees or charges you may incur with respect to currency conversion.

Shipping. The shipping for all Products shall be governed by our Shipping & Returns Policy. From time to time, the Site may display certain shipping-related promotions or offers, such as free shipping and/or returns. Please note that such promotions and offers are subject to the terms and conditions set forth in the "Promotions" and/or "Offer Codes" sections of these Terms, in addition to any other terms and conditions that are provided when such promotions and/or offers are available on the Site. In all instances, any shipping promotions and offers are valid only within the continental United States.

Loyalty Program, Promotions and Discounts. Tommy John may, from time to time and in its sole discretion, host, offer, or otherwise make available (i) one or more loyalty programs (each, a "Loyalty Program") whereby you may accumulate and redeem loyalty or rewards points on an individual basis; (ii) sweepstakes, contests, raffles, or giveaways (collectively, “Promotions”); and/or (iii) discounts for certain users or on certain items, including, but not limited to, discounts for users who make successful customer referrals as part of Tommy John’s referral program (the “Referral Program”), discounts for K-12 teachers, government employees, first responders, and members of the military (“GOVX Discounts”), and/or discounts on Product multipacks and similar offers (“Sitewide Discounts”) (collectively, “Discounts”). Loyalty Programs, Promotions and Discounts may be governed by terms and conditions that are separate from these Terms, including the terms applicable to Sitewide Discounts available here and the terms applicable to GOVX Discounts available here. All such terms and conditions are incorporated into these Terms by reference and apply to your participation in or use of any Loyalty Program, Promotions and/or Discounts. To the extent the terms and conditions for a Loyalty Program, Promotion or Discount conflict with these Terms, the Loyalty Program, Promotion or Discount rules will apply.

Offer Codes. From time to time, in our sole discretion, Tommy John may make available "offer" or "discount" codes (collectively, "Offer Codes"). Offer Codes are redeemable toward purchases on the Site, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Tommy John in its sole discretion. Offer Codes may not be used toward purchases at warehouse or sample sales and cannot be applied to previously placed orders. Only valid Offer Codes posted on the Site or otherwise provided, promoted or authorized by Tommy John will be honored at checkout. Codes supplied or promoted by third parties that are not authorized by Tommy John will not be considered valid. Your actual or attempted use of any Offer Codes in a manner which violates these Terms or any other restrictions with respect to such Offer Codes as may be communicated by Tommy John may result in cancellation of orders, suspension or revocation of Site access, suspension or termination of your user account, and/or any other corrective action we deem necessary. Offer Codes are non-transferable, valid for one-time use only, and may not be combined with other offers or used in conjunction with the Referral Program. Offer Codes cannot be used toward the purchase of non-Tommy John-branded merchandise, packaging, or applicable fees or taxes. For online purchases, Offer Codes must be entered in the appropriate "offer code" field at checkout. Tommy John is not responsible for lost, stolen or corrupted Offer Codes or any unauthorized use of Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits are allowed. The dollar value of any Offer Code will not be refunded or credited back if any or all of the merchandise purchased in connection with such Offer Code is returned. Expiry dates may apply to each Offer Code. Offer Codes are void if copied, transferred, sold, exchanged or expired, or otherwise where prohibited. Requests not complying with all Offer Code requirements will not be honored. Tommy John reserves the right to modify or cancel the availability of Offer Codes at any time.

Linking to the Site. You may post links to the Site and/or Products on social media pages provided you do so in a way that, as determined in our sole discretion, does not violate these Terms, is fair and legal, and does not or is not likely to adversely affect our reputation. You must not, however, post links to the Site in such a way as to suggest any form of association, approval, or endorsement on our part without our consent. We reserve the right to withdraw permission for you to post links to the Site at any time and in our sole discretion.

Third-Party Links. From time to time, Tommy John may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services. You may be able to connect with these third parties through the Site, but this does not mean Tommy John endorses, monitors or has any control over these third parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any third-party sites, terms of use and privacy policies. Tommy John is not responsible for the content, policies, or activities of third parties and you interact with third parties at your own risk.

Spokespersons. From time to time, we may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the Tommy John brand ("Spokespersons"), including on social media channels and platforms. Although such Spokespersons may be compensated or incentivized by Tommy John, we neither endorse nor are responsible for any opinion, advice, information, or statements made by any third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who provide them and may not reflect the opinions of Tommy John. Spokespersons are required to clearly and conspicuously disclose any material connections to Tommy John in all communications concerning Tommy John Products, and we disclaim any liability with respect to any Spokesperson's failure to do so.

Gift Cards. Purchase, use or acceptance of a Tommy John gift card constitutes acceptance of the full Gift Card Terms, which can be found here. Tommy John gift cards are prepaid cards that are invalid unless activated. Gift cards are not redeemable for cash, returnable, or eligible for refunds unless required by law, and the value of a gift card will not be replaced if it is lost, stolen, altered, or destroyed. Offer Codes and other discounts or promotional offers do not apply to the purchase of gift cards. The value of any gift cards in your cart is not included in the calculations for Sitewide Discounts, and gift cards do not count as "merchandise" for purposes of the Referral Program.

Gift cards do not expire and can be redeemed for use on the Site or at participating Tommy John Retail Stores. Each transaction made using a gift card is debited against the gift card balance. If a transaction exceeds the gift card balance, the user must pay the difference between the transaction amount and balance. Gift cards may not be resold by any unauthorized third parties, and Tommy John will not honor gift cards purchased from unauthorized third parties. We reserve the right, in our sole discretion, to invalidate any gift cards that we have a good faith reason to believe were obtained fraudulently or via other illegal or inappropriate means.

Store Credit. We may issue store credits on case-by-case basis in our sole discretion. If issued, store credits will not expire and may be used toward the purchase of any Products sold on the Site. Store credits are not redeemable for cash. Refunds for orders paid for with store credit will be applied as store credit back to the same account from which the purchase was made. If you are granted a refund for an order paid for with multiple methods of payment, any refund is first applied to the payment card or PayPal account, up to the original amount charged, and the remainder will be applied as store credit to your user account.

Feedback. We appreciate hearing from our customers and welcome your comments regarding the Site. Please be advised, however, that if you send us any ideas, suggestions, recommendations, comments, or the like ("Feedback"), you hereby assign to us all right, title and interest in and to such Feedback. We will not be subject to any obligation of confidentiality with respect to such Feedback and will not be liable for any use or disclosure thereof. We are entitled to unrestricted use of such Feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you or any other person, though we are not obligated to use such Feedback.

Reviews. From time to time, Tommy John may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, "Reviews"). By posting a Review on the Site, you hereby grant Tommy John an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid up, worldwide license to reproduce, distribute, publicly display, transmit, publish, publicly perform, create derivative works from, and otherwise use and exploit (collectively, "Use") all Reviews you post to the Site, for any purpose, including promoting and marketing Tommy John and the Products. You further grant Tommy John a royalty-free license to use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. You also hereby grant all other users of the Site an unrestricted, perpetual, royalty-free, fully paid up license to access and view your Review as permitted by the functionality of the Site. You further represent, warrant, and covenant that: (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Tommy John and other users the rights in your Reviews as contemplated under these Terms; and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate, or violate the rights of any party or entity, including a third party's patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws, or other similar restrictions on non consensual recording, or otherwise); or (C) require Tommy John to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promote discrimination, bigotry, racism, or hatred, as determined by Tommy John in its sole discretion, or (ii) introduce viruses, worms, trojan horses, or other potentially harmful or malicious code.

Tommy John has no obligation to monitor this Site or any portion thereof. However, we reserve the right to monitor Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Tommy John has no obligation to display or post any Reviews. Tommy John, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any Reviews or other posted content or information as we deem necessary or appropriate, including, without limitation, to satisfy any applicable law, regulation, contractual or legal obligation, or governmental request.

Copyrights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Tommy John a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Tommy John to locate the material on the Site;
Your name, address, telephone number, and email address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Tommy John a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to DMCA@tommyjohn.com or:

DMCA Designated Agent

Tommy John, Inc.

100 Broadway, 11th Floor

New York, NY 10005

Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

Released Parties Defined. "Released Parties" include Tommy John and its affiliates, and their respective officers, employees, agents, partners, and licensors.

Warranty Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT WITH RESPECT TO WARRANTIES THAT CANNOT BE WAIVED OR EXCLUDED UNDER APPLICABLE LAW: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (ii) THE RELEASED PARTIES MAKE NO WARRANTY THAT (A) THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SITE WILL BE CORRECTED.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR ANY ORDER FOR PRODUCTS PLACED, OR PURCHASE OF PRODUCTS, THROUGH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF TOMMY JOHN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF YOU ARE DISSATISFIED WITH ANY PRODUCT PURCHASED THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN OR EXCHANGE THE PRODUCTS SUBJECT TO AND IN ACCORDANCE WITH OUR SHIPPING AND RETURNS POLICY.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND TOMMY JOHN. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TOMMY JOHN. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT ACTUALLY PAID BY YOU TO TOMMY JOHN FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any costs, expenses, fees, losses, liabilities, damages, claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from: (i) your use of the Site, including the purchase of any Products through the Site or your use of any such Products; (ii) your use or reliance on any third-party content; (iii) your use of or reliance on any Tommy John Content; or (iv) or your violation of these Terms, any applicable laws, or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Released Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with the Site, including the purchase or use of any Products through the Site, or any violation of these Terms, any applicable laws, or the rights of any third party.

Governing Law. All matters relating to the Site, these Terms, and the relationship between you and Tommy John, and any dispute or claim arising therefrom or related thereto, will be governed by the laws of the State of New York without regard to its conflict of law provisions.

Arbitration Agreement. Except as expressly stated below, you and Tommy John agree to submit any disputes relating to your use of the Site, including any purchase of Products through the Site, to binding and confidential arbitration to be conducted under the rules of the American Arbitration Association Rules for Arbitration of Consumer-Related Disputes ("AAA Rules") in English. Any such arbitration, to the extent necessary, will be conducted in New York County in the State of New York. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.

In addition to the AAA Rules, you and Tommy John agree that upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

You covenant not to sue Tommy John in any other forum. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site, purchase of Products, or these Terms:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Notwithstanding the foregoing, (i) to the extent that you have in any manner violated or threatened to violate our intellectual property rights, Tommy John may seek injunctive or other appropriate relief in any state or federal court in the State of New York; and (ii) you can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply within one (1) year after such claim arose, provided that it is brought and maintained as an individual claim. If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the arbitration agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration.

This arbitration agreement provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.

You can decline this agreement to arbitrate by providing written notice to Tommy John no more than 60 days following your initial acceptance of these Terms. Your written notice must be sent to cs@tommyjohnwear.com and must include: (1) your name, (2) your address, (3) the email address associated with your online account with Tommy John, if you have one, and (4) a clear statement that you do not wish to resolve disputes with Tommy John through individual arbitration.

Termination. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, including the arbitration agreement, all representations and warranties, all limitations of liability and all indemnities, shall survive such termination.

Waiver. No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought to be enforced.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Severability. If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

Entire Agreement. These Terms constitute the entire agreement between you and Tommy John with respect to the Site and the purchase of Products through the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the subject matter hereof. Any rights not expressly granted herein are reserved.

California Residents. If you are a California resident, the following state-specific terms apply to you:

You shall and hereby do waive California Civil Code Section 1542, which says, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to support@tommyjohn.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

If you have any questions about the Terms, please contact us at support@tommyjohn.com.

Shipping & Returns Policy

1. Shipping

Tommy John will make reasonable efforts to ship properly placed and accepted orders within two business days, excluding U.S. federal holidays. An order is properly placed when we have received full payment and all information needed to fulfill such order. If we anticipate that shipment for a particular order will take longer than as set forth above, we will attempt to notify you by contacting the email address provided at the time the order was placed or associated with your user account.

When you place an order, the order total reflected at checkout includes Product costs, less any discounts and credits, before shipping fees ("Order Total"). Shipping rates are calculated based on your Order Total, selected shipping method, and shipping address. Please note that certain shipping methods may be unavailable depending on your shipping address. Actual delivery times and rates are subject to change.

After your order has shipped, you will receive an email notification ("Shipment Confirmation Email"). Please allow up to 24 hours after you receive your Shipment Confirmation Email for tracking information to appear on the mail carrier website.

a. Domestic Delivery

Shipping rates and estimated delivery times for deliveries within the United States are as follows.

For domestic shipments, delivery shall occur, and risk of loss and title to Products shall pass from Tommy John to customer, at the time the Products are received by customer.

Continental US Standard (delivery 5 – 8 business days after shipping):

Order Total (Before Shipping)	Ship Rate
$0.00 - $74.99	$7.95
$75.00+	Free

Continental US Expedited (delivery 3 business days after shipping):

Order Total (Before Shipping)	Ship Rate
$0.00 - $74.99	$10.95
$75.00+	$4.95

Continental US 2-Day Express (delivery 2 business days after shipping)

$19.95

Continental US Overnight (delivery next business day after shipping)

$26.95

Hawaii & Alaska Standard (delivery 5 – 8 business days after shipping)

Order Total (Before Shipping)	Ship Rate
$0.00 - $99.99	$12.95
$100.00+	Free

International Delivery

Shipping rates for deliveries outside the United States are as follows. Please note that delivery times vary based on shipping address. We will provide a delivery estimate when you enter your shipping address at checkout.

For international shipments, delivery shall occur, and risk of loss and title to Products shall pass from Tommy John to customer, at the time Tommy John transfers the Products to the carrier or shipping agent at the facility in the United States from which customer's order is shipped.

Order Total (Before Shipping)	Ship Rate
$0.00 - $149.99	$24.95
$150.00+	Free

Customs Fees (if applicable)

Orders shipped outside the United States may be subject to customs import duties and/or taxes based on the destination country. If assessed, customs fees are the responsibility of the customer in addition to shipping cost. Tommy John is unable to predict or control customs charges as they are levied by the destination country.

FOR CANADIAN CUSTOMERS

By ordering Products from Tommy John, you authorize an agent to transact business with the Canada Border Services Agency ("CBSA") to clear merchandise, pay duties and taxes, and to handle any merchandise returns and refund claims as an agent on your behalf. At checkout, we will calculate and collect the applicable taxes and duties that the broker will pay on your behalf to the CBSA.

2. Returns & Exchanges

a. Best Pair Guarantee

If you're not satisfied for any reason with your first purchase of Tommy John underwear, undershirt, bra, or socks (each, an "Undergarment"), we'll make it right by issuing a refund or allowing you to exchange the Undergarment, subject to the terms and conditions below (the "Best Pair Guarantee"). Just Contact Us with your order number or receipt and confirm whether you'd like a refund for the Undergarment or an exchange to get something more comfortable. The following terms and conditions apply:

Limit one refund or exchange per type of Undergarment listed above, per customer, and only applies to your first order of each type of Undergarment.

For example, if you purchase underwear and socks in your first order and are dissatisfied with both, you are entitled to a refund or a free exchange for both a single pair of underwear and a single pair of socks under the Best Pair Guarantee. If you later place another order for underwear and are dissatisfied with your purchase, your only option is to return or exchange the underwear in accordance with our Standard Return Policy below.

The Best Pair Guarantee applies to individual Undergarments only.

For example, if you purchase a multipack of undershirts in your first order and are dissatisfied with the undershirts in the multipack, you are entitled to a refund or a free exchange for one of the undershirts, but your only option with respect to the other undershirts in the multipack is to return or exchange them in accordance with our Standard Return Policy below.

Requests for refunds or exchanges must be made within 30 days of delivery (for online orders) or purchase (for in store purchases).
If you choose to replace the Undergarment, we will ship the replacement item to you free of charge.
For all other returns and exchanges, please see our Standard Return Policy below.

Please note that all purchases of sleepwear, loungewear, leggings, joggers, shorts, long johns, polos, tee shirts, hoodies, blankets, and any other Products that do not fall within the description of Undergarments above are excluded from the Best Pair Guarantee and are subject to the Standard Return Policy below.

b. Our Standard Return Policy

Tommy John will gladly accept returns or exchanges of unworn Products purchased online or in-store, subject to the terms and conditions below (the "Standard Return Policy"). Returns and exchanges are free when you return to a Tommy John store or when you use a prepaid shipping label (available for online purchases only).

Click here to submit a return or exchange request.

Returns/exchanges must be made within 30 days of delivery (for online orders) or purchase (for in-store orders) unless otherwise stated by us.
To be eligible for return, all items must be in their original condition—unworn, unwashed, with all original tags attached and in their original packaging. Items not in this condition will not be accepted.
For mail-in returns or exchanges, we'll cover the return shipping for packages being shipped from the continental United States using a carrier of our choosing. You'll get a prepaid label from our Support Team by email once you submit a return or exchange request.
When packing your return or exchange, please use the original packaging and ensure that only the items listed on your return label are included in the package. Do not include other items.
Once your item(s) reach our warehouse, your eligible refund or exchange will be processed within 10 business days.
Final sale items cannot be returned or exchanged.
Gift cards are nonrefundable and cannot be exchanged or redeemed for cash.
We can only process returns and exchanges for items purchased directly from Tommy John. If you purchase our Products from another retailer, please contact them directly for a return or exchange.

c. Gift Returns

Returning a gift? We can help you exchange it for another item or a gift card. Click here to submit a return or exchange request. Please note that the Standard Return Policy terms and conditions above apply to gift returns.

d. Ineligible Returns and Worn Garments

Refunds or exchanges will not be issued for ineligible returns (i.e., returns or exchanges of Products not in their original condition, final sale Products, etc.). To avoid this, please Contact Us to confirm your return is eligible before sending anything back or attempting to return an item in-store.

If we receive a worn garment not subject to the Best Pair Guarantee above or any other ineligible return, your return/exchange will not be processed, nor will your item(s) be returned to you.

3. Have Questions?

Please just reach out to our Support Team. We're always happy to help!