Terms of service

Terms and Conditions

Last updated: November 21, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Colorado, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to True Focus Fabrication, 5739 Observation Ct, Ste 120, Colorado Springs, CO 80916.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to True Focus Fabrication, accessible from truefocusfab.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

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True Focus Fabrication LLC Terms of Sale

Effective 12/01/2022. By placing an order with True Focus Fabrication LLC ("TFF"), you ("Buyer") agree to these terms.

1. Off Road and Competition Use Only

All TFF products are sold for off road and closed course competition use only. They are not designed, tested, or certified to meet any Federal Motor Vehicle Safety Standard (FMVSS), DOT, or state vehicle code requirement. TFF products are not safety devices and are not designed or tested to protect vehicle occupants in a collision. Any use on public roads is at Buyer's sole risk and may violate state or local law.

2. Effect on Your Vehicle

Replacing or modifying factory bumper reinforcements or other structural parts can change how a vehicle handles and how it behaves in a collision, including crush zones and airbag deployment. Modifications may void the vehicle manufacturer's warranty and may affect your insurance coverage.

3. Professional Installation and Inspection

TFF products must be installed by a trained professional, following TFF's instructions and the vehicle manufacturer's specifications, with proper hardware and torque. TFF does not install products and is not responsible for installation done by Buyer or anyone else. Inspect the product and its mounts before each use and after any impact. Stop using any product that is bent, cracked, or has damaged welds or mounts. Never work under a vehicle supported only by a jack or by a TFF product. Always use rated jack stands.

4. Assumption of Risk

Motorsports, off road driving, and aggressive driving are inherently dangerous and can cause property damage, serious injury, or death. Buyer understands these risks and voluntarily assumes all risks of installing, modifying, and using TFF products, including risks created by Buyer or by any installer, driver, or passenger.

5. Release

To the fullest extent permitted by law, Buyer releases True Focus Fabrication LLC and its owners, employees, and agents from, and agrees not to sue them for, any claim, loss, or damage arising out of the installation, modification, or use of TFF products, including claims based on TFF's ordinary negligence. This release does not apply to any claim that cannot be waived under applicable law.

6. Limited Warranty

TFF warrants its products against defects in weld workmanship under normal use for two (2) years from the ship date. This warranty does not cover damage from impact, racing or off road incidents, improper installation, modification, misuse, abuse, corrosion, coating, or normal wear. To make a claim, email contact@truefocusfab.com before returning any product. TFF's only obligation under this warranty, at TFF's option, is to repair or replace the product or refund the purchase price.

ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE TWO (2) YEAR DURATION OF THIS WRITTEN WARRANTY. TFF IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Some states do not allow limits on how long an implied warranty lasts or the exclusion of incidental or consequential damages, so these limits may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

7. Limitation of Liability

To the fullest extent permitted by law, TFF's total liability for any claim relating to a product will not exceed the price Buyer paid for that product.

8. Indemnity

Buyer will defend, indemnify, and hold harmless TFF from any third party claim arising from Buyer's installation, modification, or misuse of a TFF product, its use on public roads, or any use in violation of these terms.

9. Resale and Transfer

If Buyer sells or gives away a TFF product, or installs it on someone else's vehicle, Buyer will give the new owner or user a copy of these terms and all TFF warnings.

10. Returns

Returns are accepted up to 30 days after the ship date and are subject to a 40% restocking fee. Products must be new, uninstalled, and uncoated; painted or powder coated products cannot be returned. Buyer pays return shipping. Email contact@truefocusfab.com before returning any product, and check fitment before coating.

11. Governing Law and Venue

These terms are governed by Colorado law. To the extent permitted by law, any dispute will be brought in the state or federal courts located in El Paso County, Colorado.

12. Entire Agreement and Severability

These terms are the entire agreement between Buyer and TFF about TFF products. If any part is found unenforceable, the rest stays in effect.