- Terms and Conditions
Terms and Conditions
The following Terms and Conditions apply to the use of this Website as well as all transactions conducted through the site. This website – Batwing-Fairing.com (the "Site") is being made available to you free-of-charge by TowBlazer, Inc. d/b/a Batwing-Fairing.com. The terms “buyer”, “customer”, “consumer”, “purchaser”, "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms “TowBlazer”, “Batwing-Fairing.com”, “seller”, "we", "us", and "our" refer to TowBlazer, Inc., its affiliates, associates, and subsidiaries. The terms “affiliates” and “associates” refer to advertisers, third-party content providers, merchants, sponsors, licensors and the like. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
All notices from TowBlazer, Inc. to you may be posted on our Website and will be deemed delivered within thirty (30) days after posting. Notices from you to TowBlazer, Inc. shall be made by certified mail to 1434 Poinsett Highway, Greenville, SC 29609.
This Site is operated by TowBlazer, Inc. Our primary place of business is located at 1434 Poinsett Highway, Greenville, SC 29609, USA.
We do not discriminate on the basis of age, color, gender, disability, race, national origin, sexual orientation or religion.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, homophobic or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you (e.g., through an author chat, online review, Facebook, or other social media), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Site. We may disclose any User Content or electronic communication of any kind (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate the Site; or (c) to protect the rights or property of TowBlazer, Inc., its associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of TowBlazer, Inc. or any third party. Notwithstanding the foregoing, neither TowBlazer, Inc. nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither TowBlazer, Inc., nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
USER CONTENT POSTED TO THE SITE
For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "User Content"), sent, transmitted, or uploaded by you on the Site, you agree to grant (a) us and our respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (b)subject to the restrictions set forth in these Terms and Conditions, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user's personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (a) violates these Terms and Conditions, (b) is offensive or illegal, or (c) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
COPYRIGHT AND INTELLECTUAL PROPERTY
All Content appearing on this Website is the property of TowBlazer, Inc. Copyright © 2011 TowBlazer, Inc. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Website so long as (a) the document is used for informational purposes only, and (b) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2011 TowBlazer, Inc. All rights reserved. You may not upload, post, modify, reproduce, remove, delete, augment, add to, publish, transmit, distribute, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content protected by copyright, or other proprietary right, in whole or in part, without obtaining permission of the owner of the copyright or other propriety right except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third-party that may own the trademark or copyright of information displayed on the Site.
Sometimes, we depend on Associates to contribute to the Site. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site or items advertised on the Site, please immediately contact us. We will investigate the claim and, if necessary, block or remove the infringing Content and/or advertisements. If you desire this course of action, please provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Site; Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
Please provide the above information to us through one of the following:
1434 Poinsett Highway
Greenville, SC 29609
All brand, product, service, and process names appearing on this Website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by TowBlazer, Inc. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of TowBlazer, Inc. or any third-party, except as expressly granted herein.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with the Site or us. These links are provided for your convenience only, and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. Furthermore, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third-party or third-party product or service be construed as our approval or endorsement of that third-party or of any product or service provided by a third-party.
USE OF SITE
Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. TowBlazer, Inc., its subsidiaries, and its associates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to the interests of TowBlazer, Inc., its subsidiaries, or its associates.
Our SSL Certificate verifies that a secure webpage (such as a checkout page) is properly encrypted, ensuring that all information passed between a user and the internet browser is private, safe, and secure.
All transactions on this website are in the currency of US Dollars. For online transactions, we accept American Express, Discover, MasterCard, Visa, and PayPal. If you wish to pay by check or money order please contact us directly. In the event of fraudulent orders or software malfunction we reserve the right to cancel an order. We will credit your account for any charges billed by us, and attempt to contact you.
You may purchase merchandise from this Web site by using any one of the payment options listed. However, TowBlazer, Inc. reserves the right to change its payment procedures at any time without prior notice to you.
PRICES AND AVAILABILITY OF PRODUCTS
Prices and availability of products on the Site are subject to change without notice. Mistakes in pricing sometimes happen and will be corrected when discovered. As part of our dispatch procedure, we typically verify prices. Where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
SHIPPING AND DELIVERY
UPS and USPS shipments are processed within 1 business day of receipt of payment. All other shipments are processed within 3 business days of receipt of payment. Please note that free shipping applies only to points within the contiguous US. At this time, TowBlazer, Inc. ships merchandise only to locations within the continental United States and not to international locations. Nor does TowBlazer, Inc. ship to Alaska, Hawaii, Puerto Rico, Guam or the US Virgin Islands. The risk of loss and title for all merchandise ordered on this Website pass in Greenville, SC to you when the merchandise is tendered to the shipping carrier or signed by you at pickup. Your order will be fulfilled by the delivery date set out in the shipping confirmation or, if no delivery date is specified, then within a reasonable time of the date of the shipping confirmation, which could be, in exceptional circumstances, longer than 30 days. All non-palletized orders are shipped either United Parcel Service (UPS) or United States Postal Service (USPS). Most palletized orders will ship freight line via R + L Carriers.
We reserve the right to cancel your order at any time before we have accepted it, and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our inventory.
New Defects - An inspection of your product for new defects must be completed upon receipt. In the event that a manufacturer defect is discovered, it must be reported to TowBlazer, Inc. via e-mail within three days of receipt of the shipment. The e-mail must include the order or invoice number, a detailed description and pictures of the defect, and the buyer's contact information.
TowBlazer, Inc. may charge sales tax for merchandise ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped. TowBlazer, Inc. will charge sales tax for shipments to those states in which it has a substantial presence. At this time, TowBlazer, Inc. has a presence in the states of South Carolina and California. We will charge applicable sales tax for shipments to these states. However, trailers are classified as motor vehicles; and as such, the sales tax associated with motor vehicles sales (trailers) is to be paid to the state Department of Motor Vehicles (DMV) at the time of registration and is the responsibility of the purchaser. Consult your local and state government to determine tax laws and regulations in your area.
We accept cancellations until the time the shipment information has been transmitted to the carrier. A cancellation request must be sent via email to firstname.lastname@example.org and received before shipment information is transmitted to the carrier. Orders will be deemed to have been tendered to the carrier at the time shipment information is transmitted.
Once an order has been tendered to the carrier, the customer will be responsible for freight charges incurred to ship and return any order cancelled thereafter.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Site is provided on an "AS IS," "as available" basis. Neither TowBlazer, Inc. nor its associates or subsidiaries warrant that use of the Site will be uninterrupted or error-free. Neither TowBlazer, Inc. nor its associates or subsidiaries warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Moreover, TowBlazer, Inc. makes no representation that Content provided on the Site is applicable appropriate for use in locations outside of the United States. TowBlazer, Inc. specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose.
NO ORAL ADVCICE OR WRITTEN INFORMATION GIVEN BY TOWBLAZER, INC., ITS SUBSIDIARIES, OR ASSOCIATES SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO, VIEWING OF, BROWSING, VISITING, OR USE OF THE SITE IS AT YOUR SOLE RISK.
Under no circumstances shall TowBlazer, Inc. , its subsidiaries, or its associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to TowBlazer, Inc. records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of TowBlazer, Inc. has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
The descriptions of, and references to, products, services and companies on this Website are the sole responsibility of the companies providing the information ("advertisers"), and not TowBlazer, Inc.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
If you are not completely satisfied, please return your purchase within the stated number of days as referenced in the below return policy. Product must be returned unused and in new sellable condition. You must contact us to obtain a return authorization number. Unauthorized returns will be refused. Customers are responsible for shipping both ways (Shipping is non-refundable). If the item you purchased had free shipping, then the actual shipping cost will be deducted from your refund. All returned items are subject to inspection for damage before refunding.
30 Day Return Policy - We accept returns on new products only within 30 days from the date of purchase. Product must be returned unused and in new sellable condition. You must contact us to obtain a return authorization number. Unauthorized returns will be refused. Customers are responsible for shipping both ways (Shipping is non-refundable). If the item you purchased had free shipping, then the actual shipping cost will be deducted from your refund. All returned items are subject to inspection for damage before refunding.
If upon the arrival of your item you do notice damage to the freight, then please make notation of the damage when signing for the delivery. This is your responsibility, and failure to follow this policy may result in the freight carrier denying any claim. Please contact us immediately upon discovery of damage. Please note that in addition to the return policy all items sold by Batwing-Fairing.com do carry a warranty. Warranties vary by product. Should you find the need for assistance with a defective item then please feel free to contact us so that we may honor this warranty.
We offer product specific warranty periods of (90) Ninety days, (1) one year, and (5) five years. Please review the items product page to reference which warranty applies. Terms of the warranty are below.
TERMS OF WARRANTIES
Batwing-Fairing.com warrants that its product will be free of manufacturer defects for a period totaling (90) Ninety days, (1) one year, and (5) five years. Warranties are product specific, reference product page. The warranty period begins on the day of purchase by the original owner, the warranty is not transferable.
In the event that any unit proves to be defective in material and/or workmanship under normal use, and is returned to Batwing-Fairing.com's Greenville, South Carolina location, and under their inspection is determined to have been defective, the unit will be repaired without charge to the "original" purchaser. All parts removed/replaced become the property of Batwing-Fairing.com. Any freight transportation charges to or from Batwing-Fairing.com's warehouse is the responsibility of the purchaser and shall not be a part of the manufacturer’s limited warranty. (Repairs made by anyone other than Batwing-Fairing.com will not be paid)
Batwing-Fairing.com will not be responsible for incidental, indirect, or consequential damages of any kind which may be incurred as a result of any defect in material or workmanship, including, but not limited to, loss of time, inconvenience, loss of income from use of said product, or in any way manufacturer will not be responsible for any fees incurred by purchaser relating to any warranted claims against manufacturer.
The warranty shall be void where the unit has been subject to misuse, neglect, alteration, modification, accident or where repair parts or actual repairs have been supplied and/or performed without the approval of Batwing-Fairing.com. Batwing-Fairing.com makes no warranty with respect to trade accessories.
Any damage caused by or attributed to any act of Mother Nature whatsoever is not covered by manufacturer’s warranty. Paint warranty (90 days) does not cover wear, deterioration and/or damage from road elements, salt, sand, weather conditions, and/or improper wash solvents.
Upon approval, ship the item to:
Attn: WARRANTY RETURNS
1434 Poinsett Highway
Greenville, SC 29609
CREDIT AND DEBIT CARD TRANSACTIONS
By providing your credit card or debit card information:
- you are stating that you are an authorized user of the credit card or debit card and that the associated information provided (account holder name, account number, billing address, etc.) is accurate;
- you authorize TowBlazer, Inc. to charge the amount you have requested to your credit card or debit card; and
- you are consenting to receive a one-time confirmation of this payment electronically to the email address you have provided to us.
Every order is subject to all terms and conditions stated on this website. Any failed delivery attempt due to an invalid or incomplete address or failure of the customer to retrieve the parcel or where a customer rejects delivery or otherwise causes a delivery failure for any reason, the customer shall be liable for the full cost of shipping and handling.
You agree that the exclusive remedy for any claim or dispute related to any transaction which takes place through our website shall be binding arbitration in the state of South Carolina. You agree to allow TowBlazer, Inc. 60 days from the date of notice of any claim or dispute to resolve any such claim or dispute directly. In the case a resolution cannot be reached within 60 days after notice of any such claim or dispute is given to us, then the only remedy available shall be binding arbitration in South Carolina, in all cases, without exception, with all expenses to be paid by the respective parties. You agree not to file or initiate any complaint, chargeback, dispute, or any claim related to any transaction with this website and/or company. By using this website, making any purchase, or conducting any transaction with TowBlazer, Inc., you agree to all terms and conditions stated herein. Any action in breach of this agreement that causes reversal of any payment in full or in part shall result in a collections action for the full or partial order total (the amount reversed) plus an additional $50. You agree that any breach of this agreement shall also constitute liability in the amount of $200 plus any related costs directly or indirectly relating from any such breach. These costs shall be collected using a collections agency and/or civil action in South Carolina. You agree that the exclusive forum for any dispute or claim relating to any transaction conducted through our website shall be in South Carolina.
This is a legally binding contract and will be enforced where applicable.
The Terms and Conditions constitute the entire agreement between you and TowBlazer, Inc. with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and TowBlazer, Inc. with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by TowBlazer, Inc. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.