You Can.
You Can.

Terms & Conditions

TUCANCLOTHING.COM TERMS OF USE

Welcome to Tucanclothing.com (the “Website”). Túcan, LLC, an Indiana Limited Liability Company (“Túcan"), provides website features and other products and services to you when you visit or shop at the Website, subject to the following Terms of Use, which may be updated from time to time without notice to you. Your access to and use of the Website is subject to these Terms of Use and all applicable laws. By accessing and using the Website, you accept, without limitation or qualification, these Terms of Use and the Website Privacy Policy, which is specifically incorporated into these Terms of Use. You are only authorized to use the Website if you agree to abide by these Terms of Use and all applicable laws. Please read these Terms of Use carefully.

• WEBSITE ACCESS

Túcan hereby grants you permission to use the Website as set forth in these Terms of Use, provided that (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Túcan’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. 

In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time. In addition, you agree to immediately notify Túcan of any unauthorized use of your password or account or any other breach of security. Túcan shall not be liable for any loss or damage arising from your failure to comply with these Terms of Use.

By registering with the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Túcan suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Website.

You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website. 

• WEBSITE PRIVACY POLICY

Túcan values its relationship with visitors and customers and therefore makes every effort to safeguard personal information while also making product and service information available to our customers. Túcan collects information in several ways from different parts of the Website. For example, personal information would be collected if you register an account, place an order, abandoned a shopping cart, were to enter a contest or promotion sponsored by Túcan and/or its partners, or when you ask a question or report a problem with the Website. If you contact Túcan, Túcan may keep a record of that session or correspondence. Túcan may also occasionally ask users to complete surveys for research purposes. Categories of information collected include name, address, e-mail address, recipient’s name and e-mail address, order information, telephone number, mobile phone number, credit card information and messages or reminders you create.
Túcan gathers navigational information during each visitor’s use of the Website.

In the process of gathering navigational information, non-personally identifiable information (i.e. domain type, browser version, service provider and IP address) may be collected. The navigational information tells Túcan about the use of the Website by visitors, including the areas of our site that are most visited or the time of a last visit to a page on our site. It also tells Túcan about the technical efficiencies of the Website and services (i.e. the time it takes a visitor to connect to our Web site or download pages).

Túcan may use "cookies" for various purposes, including to secure your transaction activities and enhance the performance of the Website. A cookie is a small amount of identifier data that is sent to your browser from a Túcan web server and stored on your computer’s hard drive. Generally, Túcan may use cookies to: (i) remind it of who you are and to access your account information (if stored on its computers) in order to deliver to you more personalized service and/or (ii) estimate its audience size. Túcan collects IP addresses for system administration to include them in outgoing mail message headers. Túcan may also research its users’ demographics, interests and behavior based on the information provided upon registration, during a promotion, from its server log files or from servers, to better understand its users.

As Túcan grows to improve user experience and its services, Túcan may share this information from time to time with a subsidiary, affiliate, third parties providing services on its behalf, sponsors of certain promotions or a partner company. Túcan may use third parties to help it provide services to you such as fulfilling orders, processing payments, monitoring site activity, conducting surveys, maintaining its database, administering and monitoring e-mails, administering and sending text messages, and administering drawings or contests. Third party service providers may also assist Túcan in offering, running and monitoring micro-sites where you will provide personal information about yourself and possibly about your friends. The micro-sites may also include a means for you to access and download information from your existing email address books through the service provider so you can more easily share our offers with your friends. Third parties also provide aggregate, comparative information on the performance of our site and our micro-sites to us and a select group.

Túcan may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of the Website or the public, or to enforce any and all of Túcan’s rights. In the event Túcan sells or transfers all or a portion of its business assets, consumer information may be one of the business assets transferred as part of the transaction.

Túcan may, from time to time, make collective customer information available to selected third parties, but only in the aggregate and never with both your password and account information included.

• LINKS TO THIRD PARTIES

The Website may contain links to third party websites that are not owned or controlled by Túcan. Túcan has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Túcan from any and all liability arising from your use of any third-party website. 

• INTELLECTUAL PROPERTY RIGHTS

The content on the Website, including without limitation, the text, graphics, and photos created by and for Túcan, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Túcan, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Túcan or as expressly provided herein. Túcan reserves all rights not expressly granted in and to the Website and the Content contained therein. 

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. 

• INDEMNITY

You agree to defend, indemnify and hold harmless Túcan, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, or owner of Túcan, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website. 

• MODIFICATIONS TO THE WEBSITE

Túcan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Túcan shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. 

• TERMINATION

Túcan, under certain circumstances and without prior notice, immediately terminate your Túcan account and access to the Website and any other Túcan services. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms of Use other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Website (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) engagement by you in fraudulent or illegal activities; and/or (viii) nonpayment of any fees owed by you in connection with the Website or any other Túcan product. Termination of your Túcan account includes: (i) removal of access to all pages within the Website; (ii) deletion of your password and all related information, files and materials; and (iii) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Túcan’s sole discretion and that Túcan shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website. 

• WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, TÚCAN, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OWNER OF TÚCAN, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TÚCAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. TÚCAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND TÚCAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TÚCAN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TÚCAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TÚCAN DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, TÚCAN’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TÚCAN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

• LIMITATION OF LIABILITY

IN NO EVENT SHALL TÚCAN, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OWNER OF TÚCAN, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

The Website is controlled and offered by Túcan from its facilities in the United States of America. Túcan makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 

• SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our shipping and return policy, posted on this site. We reserve the right to make changes to our site, policies and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

CONTACT US

Túcan
PO Box 40301
Indianapolis, IN 46240-40301