Terms & Conditions
TrashTalk Brands LLC: Terms & Conditions
Acceptance of Terms
These Terms & Conditions ("Terms") govern your access to and use of the website operated by TrashTalk Brands LLC ("TrashTalk," "we," "our," or "us"), a Wyoming limited liability company, including all related functionality, services, content, and integrations (collectively, the "Site"). By accessing or using the Site, you affirm that you are legally competent to enter into these Terms and agree to be bound by them. Continued use of the Site after any updates to these Terms constitutes your reaffirmation of agreement to the most current version. If you do not agree, you must not use the Site. These Terms constitute a legally binding agreement enforceable under applicable law.
Eligibility
You must be at least 13 years old to use the Site. If under the age of majority in your jurisdiction, your parent or legal guardian must agree to these Terms on your behalf. Use of the Site is void where prohibited. We reserve the right to request proof of age at any time and to terminate accounts that violate age requirements.
Account Registration & Security
You agree to provide accurate and complete registration information and to maintain the confidentiality of your account credentials. You are solely responsible for all activities conducted through your account. TrashTalk shall not be liable for any loss or damage arising from your failure to maintain account security. We reserve the right to reject or terminate any account at our discretion.
Order Fulfillment & Shipping
All orders are subject to acceptance and availability. TrashTalk uses third-party fulfillment services for production and shipping and disclaims all liability for issues beyond our direct control, including delays, inventory discrepancies, or damage in transit. Title and risk of loss for products pass to you upon our delivery to the carrier.
Returns & Defective Products
Returns are only accepted for products with material manufacturing defects. All other sales are final. To initiate a return, contact us within 14 days of delivery and provide your order number, a description of the issue, and supporting evidence. TrashTalk reserves the right to determine, in its sole and final discretion, whether a product is defective and may, at its discretion, issue a refund or replacement.
Pricing, Availability & Order Errors
Prices are in U.S. dollars and subject to change without notice. We reserve the right to cancel orders arising from incorrect pricing or product availability. Promotional offers are void where prohibited and may be withdrawn at any time. In case of error, we may correct pricing and billing details without liability.
Intellectual Property Rights
All intellectual property on the Site is owned or licensed by TrashTalk. You may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the Site without our prior written permission. Unauthorized use will be prosecuted to the fullest extent permitted by law, including civil and criminal penalties.
User-Generated Content
While TrashTalk does not solicit or encourage user submissions, any content submitted to the Site is governed by this section. You grant TrashTalk a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display such content. You warrant that your submissions are lawful and do not infringe any third-party rights. TrashTalk disclaims all liability for content posted by users and reserves the right to remove such content at its discretion.
Acceptable Use Policy
You agree not to misuse the Site, including but not limited to engaging in illegal, fraudulent, or harmful behavior. Prohibited activities include impersonation, distribution of malware, scraping, unauthorized access, and commercial solicitation. Violations may result in suspension or termination of access, and TrashTalk reserves the right to seek legal remedies.
Third-Party Services & Marketplaces
We integrate with third-party services for transactions and fulfillment. TrashTalk disclaims all liability for issues resulting from third-party actions, including service outages, payment failures, or data breaches. You assume all risk when using third-party services, which are governed by their own terms. We are not a party to and assume no responsibility for transactions conducted on external platforms.
Payment Processing Disclaimer
All payment transactions made through the Site are processed by independent, PCI-DSS compliant third-party payment processors. TrashTalk does not collect, store, or directly process payment card information. Such data is securely transmitted to the payment processors via encrypted channels. Users are encouraged to review the applicable terms and privacy policies of these third-party processors.
Privacy Policy
Our Privacy Policy describes how we handle your personal information. By using the Site, you consent to the practices described therein. We do not sell your data and take reasonable precautions to safeguard it, but we cannot guarantee absolute security.
Disclaimer of Warranties
THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TRASHTALK DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, UNINTERRUPTED, OR ERROR-FREE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRASHTALK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR PURCHASE OF PRODUCTS. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO TRASHTALK IN THE TWELVE MONTHS PRIOR TO THE CLAIM.
Indemnification
You agree to indemnify and hold harmless TrashTalk, its affiliates, officers, agents, and employees from any claim, demand, loss, or expense (including attorneys’ fees) arising from your violation of these Terms, your use of the Site, or your infringement of any intellectual property or other right of any person or entity.
Dispute Resolution, Arbitration & Class Action Waiver
You agree to resolve any disputes with TrashTalk through binding arbitration administered by the AAA. All legal notices related to disputes or claims must be sent to TrashTalk Brands LLC at 1309 Coffeen Avenue, STE 1200, Sheridan, WY 82801 with a copy to legal@trashtalkbrands.com. Notice shall be deemed effective only upon confirmed delivery. Arbitration shall be held in Cheyenne, Wyoming. No remote or virtual proceedings shall be allowed unless agreed by TrashTalk. Class, collective, or representative actions are prohibited. All claims must be filed within one year of accrual. The arbitrator shall issue a reasoned written award. If any portion of this section is found unenforceable, the remainder shall remain in effect.
Governing Law
These Terms shall be governed by and construed under the laws of the State of Wyoming. Jurisdiction for any dispute not subject to arbitration lies exclusively in the state and federal courts of Cheyenne, Wyoming.
Termination & Suspension
TrashTalk may suspend or terminate access to the Site at its discretion, without notice, for any reason. The obligations and rights set forth in sections related to intellectual property, dispute resolution, limitation of liability, and indemnity shall survive termination.
Modification of Terms
We reserve the right to change these Terms at any time by posting the updated version on the Site. Continued use after such changes constitutes acceptance. You are responsible for reviewing the Terms periodically to ensure you are aware of any modifications. Your continued access or use of the Site following the posting of revised Terms constitutes your agreement to be bound by the revised Terms.
Miscellaneous
These Terms constitute the entire agreement between you and TrashTalk and supersede all prior agreements. If any provision is found invalid, the remaining provisions shall remain enforceable. TrashTalk’s failure to enforce any right does not constitute a waiver. These Terms do not confer third-party beneficiary rights.
Export Control Compliance
You may not use, export, or re-export the Site or its contents in violation of any applicable laws or regulations, including United States export laws. By using the Site, you represent and warrant that you are not located in any country subject to U.S. embargo or designated as a 'terrorist supporting' country and that you are not listed on any U.S. government list of prohibited or restricted parties.
Accessibility Statement
TrashTalk is committed to digital accessibility. If you have difficulty accessing any part of the Site, please contact us using the information provided in the Privacy Policy.
Electronic Communications Consent
By accessing the Site, you consent to receive communications from us electronically, including email and site notices.
Survival
The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 1, 5, 7, 8, 12 through 16, and 19 through 21.