Terms of Use

Effective Date: January 24, 2025
These Terms of Use (“Terms”) govern your use of the US Upfitters (“us,” “our,” or “we”) website, platform, and services (collectively, the “Services”). Please carefully read these Terms and our Privacy Policy, which is incorporated into these Terms by this reference. These Terms apply to your use of the Service.

By accessing and using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, do not use the Service. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms on behalf of such entity, you must not accept this agreement and you may not use the Service.

Permitted Use of Service
The Service must be used only for lawful purposes and in accordance with these Terms. Users are solely responsible for ensuring their use of the Service complies with all applicable laws and regulations. US Upfitters disclaims any liability for misuse or unauthorized activities conducted through the Service.

To access the Service, you will be required to register an account. You agree to provide accurate and complete information during the registration process and to keep your account information updated.

Intellectual Property
All content and materials available on the Service, including but not limited to text, graphics, logos, and software, are the property of US Upfitters or its licensors and are protected by intellectual property laws. You agree not to copy, modify, distribute, or create derivative works of any content from the Service. US Upfitters may use any content to further train or fine-tune its models and to create additional content from anything generated from the use of the Service. Any data input during your use of the Service may be anonymized and used solely for training and improving the Service’s models. No personally identifiable information will be retained in connection with such use.

If you provide us with any ideas or suggestions regarding the Service or our website, you agree that those ideas and suggestions and any resulting intellectual property from those ideas or suggestions become the property of US Upfitters and you hereby assign to US Upfitters all rights to such ideas

Term and Termination
Your right to use the Service begins when you accept the Terms or first use the Service and continues until your right to use the Service expires or is terminated by either you or US Upfitters. Termination may occur for reasons such as violations of these Terms, non-payment, material breaches, legal requirements, or force majeure events. Users may terminate the Agreement by ceasing use of the Service and providing written notice, but they remain responsible for any outstanding fees. US Upfitters my terminate your right to use the Service by providing you will notice.  Upon termination, access to the Service will cease, and US Upfitters may retain or delete data in accordance with the Privacy Policy. All provisions related to confidentiality, intellectual property, liability limitations, governing law and dispute resolution, will remain in effect after termination. All termination notices must be submitted in writing, and users must appeal disputes over termination within 10 days.

Termination of your account does not affect US Upfitters’ right to retain and use data or information as outlined in these Terms and the Privacy Policy. US Upfitters reserves the right to retain data for service improvement and research purposes.

Service Availability
We acknowledge that institutions require stability and functionality. To that end, US Upfitters shall use commercially reasonable efforts to maintain the reliability and availability of the Service during the term of the Agreement. Temporary interruptions for maintenance or unavoidable circumstances (e.g., force majeure events) shall not constitute a breach of this commitment. US Upfitters will provide advance notice of planned maintenance whenever possible and will make reasonable efforts to minimize disruptions.

Disclaimer of Warranty
By its nature, our Services and our Website may contain errors, bugs, and other problems that could cause system failure, and the underlying features may not yet be complete. There is no guarantee of the continuing functionality of such features. Because of our Services and our Website are subject to change, U.S. Upfitters reserves the right to alter its Services and our Website at any time, and any reliance on the Services or our Website is at your own risk. YOU ACCEPT THE SERVICES AND THE WEBSITE “AS IS.”

U.S. UPFITTERS MAKES NO WARRANTY OF ANY KIND REGARDING THE SERVICES OR THE WEBSITE AND. U.S. UPFITTERS HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS.

The Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our users. Such Linked Sites are not under U.S. Upfitters’ control and U.S. Upfitters is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. We operate social media pages on third party networks and have social media icons on our website. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

Any warranties provided for products sold on our website are subject to separate limitations of warranty.

Privacy and Data Protection

US Upfitters values your privacy. By using the Service, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

User Conduct
You agree not to use the Service to:

  • Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Interfere with or disrupt the Service or servers or networks connected to the Service.

US Upfitters may publish acceptable use or other policies from time to time and you agree to comply with all such policies once they are posted to our website.

Indemnification
You agree to indemnify, defend, and hold harmless US Upfitters, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Service or your violation of these Terms.

This obligation includes indemnification for claims related to intellectual property violations involving content you provide, including, but not limited to, case studies or any other materials incorporated into the Service without proper authorization or legal rights to do so. You specifically agree to indemnify US Upfitters against any claims resulting from the unauthorized use of third-party case studies or proprietary content.

Modifications to Service
US Upfitters reserves the right to modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. You agree that US Upfitters shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. For paid users, US Upfitters will aim to provide at least 30 days’ notice via email or a prominent notification on the Service for material changes impacting use.

Governing Law
These Terms and this Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

Limitation of Liability
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF U.S. UPFITTERS TO YOU FOR ANY AND ALL DAMAGES OR CLAIMS RELATED TO YOUR USE OF OUR SERVICES  OR OUR WEBSITE, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO US$50.

THIS CAP ON LIABILITY INCLUDES ANY CLAIMS ARISING FROM: (I) YOUR USE OF OR INABILITY TO USE THE SERVICE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; OR (III) ANY CONTENT OBTAINED FROM THE SERVICE. US UPFITTERS’ ABILITY TO LIMIT ITS LIABILITY FOR DAMAGES MAY BE SUBJECT TO APPLICABLE LAW.

Limitation on Damages
IN NO EVENT SHALL U.S. UPFITTERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, NEGLIGENCE STRICT LIABILITY OR OTHER THEORY, FOR ANY GENERAL INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THIS PRIVACY POLICY, OR USE OF OUR SERVICES OR OUR WEBSITE, THE SUBJECT MATTER OF THIS PRIVACY POLICY OR RELATED TERMS AND CONDITIONS AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  BY USING THE SERVICES OR OUR WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

The foregoing limitations apply even if any of the events or circumstances giving rise to such damages were foreseeable and even if U.S. Upfitters was advised of or should have known of the possibility of such losses or damages.

Copyright Policy
We generally do not permit the uploading of any content or comments to our site.  If we refer to content from other sites, and you believe that the content is infringing the copyright or intellectual property rights of other parties, please let us know and we will remove any such content.  You may also wish to notify the source of the content (such as Google Reviews) that is referenced in the content.

Entire Agreement
These Terms constitute the entire agreement between you and US Upfitters with respect to the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Service.  These Terms may not be modified except through an instrument executed by an authorized officer of US Upfitters.

Terms and Conditions Related to Purchases of Products
When you order products on our website, your order is subject to acceptance by US Upfitters.  We reserve the right to accept or decline your order.  In some cases we may need to change the quantity or products ordered. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, U.S. Upfitters shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. U.S. Upfitters shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, U.S. Upfitters shall immediately issue a credit to your credit card account in the amount of the charge.

Any product warranties are those provided by the manufacturer of the products.  No additional warranties are provided to you by US Upfitters.  Requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

Items sold may be subject to sales tax in various states, which state sales tax laws require that we charge sales tax on the full amount of the order unless correct documentation can be provided showing that the transaction is exempt from sales tax. If you have a question regarding sales tax, please call us at 800-377-5652.

All sections of these Terms also apply to you as the purchaser of products, including such provisions as the disclaimers of warranties, limitations of liability and damages, and governing law.

Contact Information
If you have any questions about these Terms, please contact us at [email protected]