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Terms of Use


Welcome to the TommyBahama.com website (the "Website"), which is owned and operated by Tommy Bahama R&R Holdings, Inc. ("Tommy Bahama"). Please review the following terms of use that govern your use of the Website (the "Terms"). Please note that your use of the Website constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, please leave this Website immediately. Tommy Bahama may revise these Terms from time to time, without prior notice, so you should visit this page periodically to review them.


The Terms govern your use of the Customer Ratings and Review service (the "CRR Service") offered by Tommy Bahama. To the extent there is any conflict between Tommy Bahama's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.


By submitting any content to Tommy Bahama, you represent and warrant that:

  • you are the sole author and owner of all intellectual property rights thereto;
  • you waive all "moral rights" that you may have in such content;
  • all content that you post is accurate;
  • you are at least 18 years old
  • your content does not violate these Terms of Use;
  • your content will not cause injury to any other party;
  • your content is not false, inaccurate or misleading;
  • your content does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • your content does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • your content will not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • you were not compensated or granted any consideration by any third party for submitting your content;
  • your content does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • your content is not subject to any confidentiality obligations, nor will Tommy Bahama be subject to any confidentiality obligations on account of your content;
  • your content does not contain any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Tommy Bahama (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, your use of this Website, or your violation of any law or the rights of a third party.


For any content that you submit, you grant to Tommy Bahama a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell or distribute such content and to incorporate such content into any form, medium or technology throughout the world without compensation to you.


All content that you submit may be reviewed, revised, posted, or otherwise used by Tommy Bahama at Tommy Bahama's sole discretion. Tommy Bahama reserves the right to change, condense or delete any content on Tommy Bahama's website. Tommy Bahama does not guarantee that you will have any recourse through Tommy Bahama to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. Tommy Bahama reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Tommy Bahama, are responsible for the contents of your submission.


By submitting your email address in connection with your rating and review, you agree that Tommy Bahama and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.



Shipping and Returns


If you have any questions about the shipping and return of Tommy Bahama products that you have purchased, click here.


Website Content and Orders


Please understand that we have made every effort to display the products featured on our Website as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, will affect the colors you actually see on the screen. Tommy Bahama is not responsible for the limitations of your monitor and cannot guarantee that your monitor's display of any color, texture, or detail of merchandise will be accurate. If you are unhappy with your purchase for any reason, you may simply return the item. Click here for our Return Policy.


By placing an order on our Website, you authorize your wireless carrier and/or telecommunications service provider to use or disclose information about your account and your wireless device, if applicable, to Tommy Bahama or its service providers for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.


We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. For example, in the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. We apologize for any inconvenience this may cause you.


We reserve the right, at our sole discretion, to limit the quantity of items purchased and to prohibit sales to dealers. The prices displayed on this Website are quoted in U.S. currency and as such are valid only in the United States. Prices are subject to change at any time.


Intellectual Proprietary Rights


This Website is expressly owned and operated by Tommy Bahama. Unless otherwise noted, all content on this Website, such as text, graphics, logos, trademarks, service marks and trade names, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of Tommy Bahama. This Website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.


Links To Other Websites And Services


This Website may contain links to other websites that are not under the control of Tommy Bahama. Tommy Bahama has no responsibility for the linked websites nor does it necessarily endorse them. Tommy Bahama provides the links solely for the convenience and information of its Website users.


Disclaimer; Limitations of Liability


Tommy Bahama provides the materials on this Website "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Tommy Bahama expressly disclaims any duty to update or revise the materials on this Website. Tommy Bahama may modify the materials at any time without notice. By your use of this Website, you assume all risk for your use of the Website and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website.


IN NO EVENT SHALL TOMMY BAHAMA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF TOMMY BAHAMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.


Governing Law


These Terms shall be construed in accordance with the laws of the State of Washington, USA, without regard to any conflict of law provisions. Any dispute arising under these Terms or in connection with your use of this Website shall be resolved exclusively by the state and/or federal courts of the State of Washington, King County and/or the Western District of Washington.


Confidentiality of Passwords and Other Account Identifiers


If you create an account on the Website you are responsible for: (i) maintaining the confidentiality of passwords and other account identifiers you choose, and (ii) all activities that occur under or in connection with such passwords and account identifiers. You agree to notify Tommy Bahama immediately in the event of: (i) any loss of your password or other account identifiers or (ii) any unauthorized use of your password or other account identifiers. Tommy Bahama will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms.


User Comments and Submissions


We welcome your comments and input about our Website and products. However, any comments, ideas, questions, feedback, notes, messages, suggestions or other communications (collectively "Comments") sent to our Website shall be and remain the exclusive property of Tommy Bahama. If you submit any Comments to us, such submission shall constitute an assignment to Tommy Bahama of all worldwide rights, titles and interests in all copyrights, patent rights, and other intellectual property rights in the Comments. Tommy Bahama will be entitled to use, modify, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, you should not send us any Comments that you do not wish to assign to us, including without limitation any confidential information or any original creative materials such as product ideas, designs, inventions, computer code, stories or original artwork.


Mobile Messaging Terms of Service


The Tommy Bahama Group, Inc. mobile message service (the "Service") is operated by Tommy Bahama Group, Inc. (“Tommy Bahama Group, Inc.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.


By consenting to Tommy Bahama Group, Inc.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Tommy Bahama Group, Inc. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).


You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Tommy Bahama Group, Inc. Your participation in this program is completely voluntary.


We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.


You may opt-out of the Service at any time. Text the single keyword command STOP to +18333666607 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Tommy Bahama Group, Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.


For Service support or assistance, text HELP to +18333666607 or email email.updates@tommybahama.com.


We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.


The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.


To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.


In the event that there is a dispute, claim, or controversy between you and us, or between you and any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Service, arising out of or relating to federal or state statutory claims, common law claims, these Mobile Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Seattle, WA before one arbitrator.


The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Tommy Bahama Group, Inc.’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in the Service.


You may not use or engage with the Service if you are under eighteen (18) years of age. By using or engaging with the Service, you acknowledge and agree that you are not under the age of eighteen (18) years, or are of adult age in your jurisdiction. By using or engaging with the Service, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Service.


We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.