Terms & Conditions
REVISED: Jan. 2023
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Site.
Products may be available exclusively through the Site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. We make every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.
We are always striving to improve our products to provide the consumer more value. As such, the products you receive may not be exactly as depicted in the images and/or descriptions on this site. We reserve the right to update or otherwise change a product or its options, in anyway seen fit, at any time without notice.
We do not warrant that the Site or the services, content, functions, or materials provided through the Site will be timely, secure, uninterrupted, error free, or that defects will be corrected. We make no warranty that the Site or the provided services will me the User(s)’ requirements. No advice, results, or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein.
We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to, us of, or browsing in the Site or your downloading of any materials, data, text, images, video content, or audio content from the Site.
If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. We try to ensure that the information posted on the Site is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the Site at any time without any prior warning. We neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the Site, no for any offensive, defamatory, obscene, indecent, unlawful, or infringing posting made thereon by anyone other than authorized DuraPro employee spokespersons while acting in their official capacities (including, without limitation, other users of the Site).
It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content, including but not limited to financial, health, or lifestyle information, opinion, advice, or other content. Without limitation of the above in this section, our affiliates, suppliers, and licensors make no warranties or representations regarding any products or services ordered or provided via the Site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions, documents and otherwise on the Site or in correspondence with us or our agents. Any products and/or services ordered or provided via the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Site. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law, and in no event, shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms and Conditions or your use of the Site or our products, exceed in the aggregate, the amount, if any, paid by you to us for your use of the Site or purchase of products via the Site.
Modification of vehicles, such as snowmobiles, as through the proper use or misuse of our products can lead to vehicle malfunctions causing serious risk. Risks include but are not limited to vehicle damage, serious physical injury, disability, dismemberment, and/or death. You are responsible for any modifications on your or anyone else’s vehicle using our products. We are not responsible and will not be held liable for any modifications done to vehicles, such as snowmobiles, through the use or misuse of its product, even if the modifications include but are not limited to, bypassing or eliminating vehicle safety features, installing parts that go against the vehicle manufacturer safety regulation and standards, and/or improper installation and adjustment of our products.
We reserve the right to refuse service to anyone for any reason at any time. The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Colorado, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Colorado, Clear Creek County, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Clear Creek County in the State of Colorado. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
We will not use or share your information with anyone except as described in this Privacy Policy. By accessing or using the Site, you signify that you have read, understood, and agree to the collection, storage, use, and disclosure of your information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
We may share aggregated Non-Personal Information about our Site with our business partners, other companies and brands owned or controlled by us, other companies owned by or under common ownership as DuraPro, or the general public. For example, we may share information regarding the daily number of unique users to our Site with potential corporate partners or others.
While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and no method of transmitting or storing electronic data is impenetrable or ever completely secure. Therefore, we cannot guarantee or warrant that such events will not take place and that such information will never be accessed, used, or released in a manner that is inconsistent with this policy. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations. Opting-Out You may opt out of receiving unsolicited information from or being contacted by us and/or our affiliated agencies by responding to emails as instructed, or by contacting us at Support@DuraProUSA.com.
NOTE: When a backorder is placed, your credit card is authorized and charged, even though your order may not be fulfilled and shipped until a later date.
Shipping laws vary in each country and it is your responsibility to check with your local authority to verify whether the country to which you are shipping permits the items in your order. We are not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
DuraPro
Attn: Return Department
406 Water Cliff Drive - BLDG 2
Somerset, KY 42503
Refunds will be returned only to the original form of payment and normally process within 3 business days once we receive the returned merchandise.
If any of our products fail due to a manufacturing or material defect, we will replace the item free of charge. However, the customer is responsible for the replacement item shipping costs.
TERMS & CONDITIONS
Please read the Terms and Conditions (the "Terms and Conditions") carefully before using the www.DuraProUSA.com website (the "Site") owned and made available by DuraPro ("us", "we", or "our"). The following Terms and Conditions govern your use of this Site, and any content made available from or through this Site, including any subdomains thereof. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. Terms. You can review the most current version of the Terms of Service at any time on this page. These Terms and Conditions apply to all users of the Site, including without limitation users who are visitors, browsers, customers, vendors, merchants, and/or contributors of content. BY accessing or using any part of the Site YOU ACCEPT AND AGREE TO be bound to THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE including those additional Terms and Conditions and policies referenced herein and/or available by hyperlink. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU DO NOT HAVE PERMISSION TO ACCESS, LINK TO, OR OTHERWISE USE THE SITE.Proprietary Rights
We own, solely and exclusively, all rights, title and interest in and to the DuraPro brand, Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design, features, functionality, and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any intellectual property, content, code, data or materials you may access on or through the Site.Trademarks
Unless otherwise specified, all trademarks on the Site are protected under both United States and foreign trademark law. This applies to all trademarks, service marks, typefaces, company designs, logos and emblems (collectively the "Trademarks"). The trademarks displayed on the Site or on content available through the Site are property of DuraPro and Others. You agree not to copy, use, or otherwise infringe upon these marks and design elements. All Trademarks not owned by us that appear on the Site or on or through the Site's services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or trade dress without the written permission of us or the third-party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the Site's services is strictly prohibited.Copyrights
We respect the intellectual property rights of others, and require that the people who use the Site, or the services or features made available on or through the Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to us, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below: Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.Limited License
You may access and view the content on the Site on your computer or other device and, unless otherwise indicated in the Terms and Conditions or on the Site, make single copies or prints of the content on the Site for your personal, internal use only. Use of the Site and the information and services offered on or through the Site, are only for your personal, non-commercial use.Prohibited Uses
Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of DuraPro or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Site. If you make other use of the Site, or the content, code, data or materials thereon or available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.Prohibited User Conduct
You warrant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third-party's advertising, branding or other promotional content into any of the Site's content, materials or services (for example, without limitation, in an RSS feed or a podcast received from us or otherwise through the Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Site. You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Site or the Site's services or features in violation of our or any third-party's intellectual property or other proprietary or legal rights; or (v) use the Site or the Site's services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
Public Forums
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from DuraPro. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.Private or Sensitive Information on Public Forums
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in your comments to our public forums.Linking to the Site
You agree that if you include a link from any other site to the Site, such link shall open in a new browser window or tab and shall link to the full version of an HTML formatted page of this Site. You agree not to link from any other site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third-party content, materials or branding. You agree to present the link to the Site in a manner that fully and independently represents the Site and our services alone, and that does not give the impression or imply that we are in any way affiliated, partnered, or related in any way to any other site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another site. You agree not to download or use images hosted on this Site on another site, for any purpose, including, without limitation, posting such images on another site, without first obtaining written permission from us. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other site, at any time upon written notice to you.Third-party Sites
You may be able to link from the Site to third-party Sites and third-party Sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Sites or the information, content, products, services, advertising, code or other materials presented on or through such Sites. The inclusion of any link to such sites on the Site does not imply our endorsement, sponsorship, or recommendation of that site. We disclaim any liability for links (1) from another Site to this Site and (2) to another Site from this Site. We cannot guarantee the standards of any Site to which links are provided on this Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party Site are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked Site. Any reliance on the contents of a third-party Site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.User Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Right to Monitor and Editorial Control
We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site's services or features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms and Conditions, our other policies, or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms and Conditions or applicable law, or for any other reason without notice or liability.User Information
In the course of your use of the Site and/or the services made available on or through the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site's Privacy Policy You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.Submitted Materials
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail, or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site's Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.Errors Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We are not responsible if information made available on this site is not accurate, complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Products
We may make certain products available to visitors of the Site. By agreeing to the Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Site may be subject to additional Terms and Conditions presented to you at the time of such purchase or download.We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Site.
Products may be available exclusively through the Site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. We make every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
Product Pricing
Product prices listed on the Site are wholesale, do not include shipping, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions. We also reserve the right to change prices for promotions or for any other reason. Pricing on orders received from this website is subject to review by us before the order will be approved and shipped. We charge sales tax for products ordered on the Site based on the applicable state and county sales tax rates and the location to which the order is being shipped to.Void Where Prohibited
Although the information on the Site is accessible worldwide, not all products are available to all persons or in all geographic locations or jurisdictions. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions and prices of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made in the materials on this Site is void where prohibited.We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.
We are always striving to improve our products to provide the consumer more value. As such, the products you receive may not be exactly as depicted in the images and/or descriptions on this site. We reserve the right to update or otherwise change a product or its options, in anyway seen fit, at any time without notice.
Indemnification
You agree to defend, indemnify, and hold us and our affiliates, subsidiaries, partners, directors, officers, interns and employees, contractors, licensors, subcontractors, suppliers, service providers, and agents harmless from any and all claims, liabilities, demands, costs and expenses, including attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of the Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.Severability
If for any reason, any term, condition, or provision of the Terms and Conditions is determined by any court of competent jurisdiction to be invalid, unenforceable, and/or contrary to any existing law, the remainder of the Terms and Conditions and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of the Terms and Conditions shall not be construed against the drafting party. The headings used in the Terms and Conditions are included for convenience only and will not limit or otherwise affect the Terms.Disclaimer of Warranties
The Site, including, without limitation, all services, content, functions, and materials provided through the Site, are provided “as is,” “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, display-ability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied.We do not warrant that the Site or the services, content, functions, or materials provided through the Site will be timely, secure, uninterrupted, error free, or that defects will be corrected. We make no warranty that the Site or the provided services will me the User(s)’ requirements. No advice, results, or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein.
We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to, us of, or browsing in the Site or your downloading of any materials, data, text, images, video content, or audio content from the Site.
If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. We try to ensure that the information posted on the Site is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the Site at any time without any prior warning. We neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the Site, no for any offensive, defamatory, obscene, indecent, unlawful, or infringing posting made thereon by anyone other than authorized DuraPro employee spokespersons while acting in their official capacities (including, without limitation, other users of the Site).
It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content, including but not limited to financial, health, or lifestyle information, opinion, advice, or other content. Without limitation of the above in this section, our affiliates, suppliers, and licensors make no warranties or representations regarding any products or services ordered or provided via the Site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions, documents and otherwise on the Site or in correspondence with us or our agents. Any products and/or services ordered or provided via the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Limitation of Liability
In no event, including but not limited to negligence, shall we, or any of our affiliates, subsidiaries, partners, directors, officers, interns and employees, contractors, licensors, subcontractors, suppliers, service providers, and agents (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind arising from, or directly or indirectly related to, the use of or the inability to use the Site, or any products procured using the service, or the content, materials and functions related thereto, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, your provision of information via the Site, lost business or lost sales, loss of data, replacement costs, or any similar damages even if such protected entity has been advised of the possibility of such damages.Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Site. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law, and in no event, shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms and Conditions or your use of the Site or our products, exceed in the aggregate, the amount, if any, paid by you to us for your use of the Site or purchase of products via the Site.
Assumption of Risk
Products sold by us include equipment used in extreme sporting activities such as snowmobiling and participation in these activities are associated with a high level of risk. Risks include, but are not limited to serious physical injury, disability, dismemberment, and/or death. You participate in these activities at your own risk. Assumption of risk by buying, using, or allowing the use of our products, you understand and agree that activities are high risk activities and, to the maximum extent permitted by law, you expressly and voluntarily assume the risk of death or other personal injury sustained while participating in such activities whether or not caused by the negligence or other fault of our products, including but not limited to equipment malfunction from whatever cause, or any other fault of our products. Furthermore, you agree to indemnify, defend, and hold us harmless from any third-party claims arising from such activities.Modification of vehicles, such as snowmobiles, as through the proper use or misuse of our products can lead to vehicle malfunctions causing serious risk. Risks include but are not limited to vehicle damage, serious physical injury, disability, dismemberment, and/or death. You are responsible for any modifications on your or anyone else’s vehicle using our products. We are not responsible and will not be held liable for any modifications done to vehicles, such as snowmobiles, through the use or misuse of its product, even if the modifications include but are not limited to, bypassing or eliminating vehicle safety features, installing parts that go against the vehicle manufacturer safety regulation and standards, and/or improper installation and adjustment of our products.
Photosensitive Seizures
A small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Site and consult a doctor.Applicable Laws
We control and operate the Site from our headquarters in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms and Conditions waive their respective rights to a trial by jury.Termination
We may terminate, change, suspend, or discontinue any aspect of the Site or the Site's services at any time. We may restrict, suspend, or terminate your access to the Site and/or its services if we believe you are in breach of our Terms and Conditions or applicable law, or for any other reason without notice or liability.Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at its sole discretion, to change, modify, add, or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. It is your responsibility to check the Site periodically for changes. Your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes. MiscellaneousWe reserve the right to refuse service to anyone for any reason at any time. The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Colorado, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Colorado, Clear Creek County, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Clear Creek County in the State of Colorado. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
Contact Information
If you have any questions about the Terms and Conditions, or if you wish to send us comments, please contact us at Support@DuraProUSA.com.PRIVACY POLICY
Here at DuraPro ("us", "we", or "our"), we understand the importance of and are committed to protecting your privacy. This Privacy Policy informs you of our policies regarding our knowing collection, use, and disclosure of Information when you use the Site. Pursuant to this Privacy Policy (the “Privacy Policy”), information collected via the website www.DuraProUSA.com (the “Site”) is used only in the manner and for the purposes described below. This online Privacy Policy applies only to information collected through the Site and not to information collected offline.We will not use or share your information with anyone except as described in this Privacy Policy. By accessing or using the Site, you signify that you have read, understood, and agree to the collection, storage, use, and disclosure of your information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
Definitions
The term Personal Information means information about you that is personally identifiable, such as your name, address, email address, or phone number, and that is not otherwise publicly available. The term Non-Personal Information means information that does not personally identify you and cannot be used to contact you or identify you (e.g., information about your computer configuration, Software/Site usage, etc.) The term Information means both Personal Information and Non-Personal Information. We use your information to operate, maintain, and provide to you the features and functionality of the Site, as well as to communicate directly with you and to fill orders. We may also send you Site-related emails or messages (e.g. account verification, change or updates to features of the Service, technical and security notices).Personal Information Collected
We may collect personal information, such as your name, phone number, location, payment information, and e-mail address, when you register for our Service, sign up for our mailing list, purchase a product, enter a contest or sweepstakes, post a review, or otherwise communicate or interact with us. We may retain such Personal Information for purposes of responding to your email or inquiry, informing you about updates and changes to the Site, and otherwise contacting you regarding the Site.Non-Personal Information Collected
We may collect and store non-personally identifiable information, including for example site referral information, browsing patterns, technical information (e.g., browser type and version, downloads, and operating system), and general Site use information through standard Internet protocols and logging, to make our site more interesting and useful to you. For instance, when you come to our site, we may collect your Internet Protocol ("IP") address. An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider). Standing alone, your IP address is not personally identifiable. At times, we also use IP addresses to collect information regarding the frequency with which our visitors visit various parts of our sites. We may combine this information with personally identifiable information that you have provided to us and/or with other information that is publicly available or that we receive from other reputable sources in order to make our web site and communications more targeted to your interests.Are Cookies Used on the Site?
Our Site uses cookies. Cookies are small text files that are stored on a user's computer and allow web sites to remember information about users. We use cookies for a variety of purposes in order to enhance the quality and security of our Site. For example, if a customer is logged onto the Site and the Site is unused for more than 10 minutes, we will automatically log the customer off. We use transient (also called "session ID") cookies to provide continuity from page to page. A session ID cookie expires when you close your browser.Other Tracking Methods
Our Site may use a variety of other technical methods for tracking purposes, including clear gifs (also known as web beacons). Clear gifs are small pieces of data that are embedded in images on the pages of web sites. We use these technical methods to tell us what parts of our web site you have visited or to measure the effectiveness of any searches you may do on our site. These technical methods may involve the transmission of information directly to us or to a service provider authorized by us to collect information on our behalf. We also use these technical methods in HTML emails that we send our visitors who have agreed to receive email from us, to determine whether our visitors have opened those emails and/or clicked on links in those emails. The information from use of these technical methods may be combined with information that is personally identifiable so that we can make our web site, and any emails you have agreed to receive, more interesting to you.Use of Information
We use information to better understand the use of the Site, customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email you about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Information to contact you in response to specific inquiries, provide requested information, or track product interest and/or downloads.Disclosure of non-personal Information to Third Parties
We do not sell, trade, or otherwise transfer to outside parties your Personal Information unless we provide you with advance notice, except as described below. The term "Outside Parties" does not include website hosting partners and other parties who assist us in operating the Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.We may share aggregated Non-Personal Information about our Site with our business partners, other companies and brands owned or controlled by us, other companies owned by or under common ownership as DuraPro, or the general public. For example, we may share information regarding the daily number of unique users to our Site with potential corporate partners or others.
Information Security
The security and confidentiality of your information is extremely important to us. We implement a variety of security safeguards to preserve the integrity of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place an order, or access your personal information, we offer the use of a secure server. The Site is secure and all sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and no method of transmitting or storing electronic data is impenetrable or ever completely secure. Therefore, we cannot guarantee or warrant that such events will not take place and that such information will never be accessed, used, or released in a manner that is inconsistent with this policy. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations. Opting-Out You may opt out of receiving unsolicited information from or being contacted by us and/or our affiliated agencies by responding to emails as instructed, or by contacting us at Support@DuraProUSA.com.
Linked Internet Web Sites
The Site may contain hyperlinks that take you to a third-party website, document, file, or other materials. These third-party hyperlinked materials may contain their own privacy provisions that are different from those provided herein. We encourage you to be aware when you leave our site and to read these policies at any site you visit. We are not responsible for the collection, use, or disclosure of information collected through these web sites, and we expressly disclaim any and all liability related to such collection, use, or disclosure. Once you have clicked on a hyperlink and left the Site, our Privacy Policy no longer applies and you should read the privacy policy of the third-party website to see how your personally identifiable information will be treated on its site. We seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).Sale of Assets
In the event that another company acquires all or substantially all of the assets related to the Site or other business of ours, we reserve the right to include Information among the assets transferred to the acquiring company.Children's Privacy
Only persons age 18 or older have permission to access our Site. The Site does not address anyone under the age of 13 ("Children"). We do not knowingly collect or solicit information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us immediately. If we become aware that we have inadvertently collected Personal Information from a child under age 13 without verification of parental consent, we immediately take steps to remove that information from our servers. If you believe that we might have any information from a child under 13, please contact us at Support@DuraProUSA.comChanges in this Privacy Policy
We may amend this Privacy Policy at any time. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you by either sending you an email at the last email address that you provided us, or by prominently posting notice of the changes on the Site covered by this Privacy Policy.Contact Information
If you have any questions about this Privacy Policy, or if you wish to send us comments, please contact us at Support@DuraProUSA.comTerms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.SHIPPING POLICY
Processing
We want you to get your DuraPro merchandise promptly. That’s why we make every effort to process your order as quickly as possible and generally ship within 2 business days (Monday - Friday) after receipt of payment. Orders are not shipped on weekends or holidays. Processing times may take longer due to seasonal order volume / product inventory. Both regular orders and backorders are processed in the order they are received.NOTE: When a backorder is placed, your credit card is authorized and charged, even though your order may not be fulfilled and shipped until a later date.
Shipping
When your order is shipped, a tracking number will be provided to you via email. Unfortunately, once your package leaves our facility it is in full control of the shipping carrier (USPS, DHL, UPS, FedEx, etc.). Consequently, DuraPro is not responsible for package delays, damage, or loss. The risk of delay, loss, and title for your order pass to you when the package is given to the carrier and therefore it is your responsibility to deal directly with the shipping carrier regarding any delays, damage, or losses. Limited insurance is standard with each order, and additional insurance is available but must be requested to DuraPro in writing, BEFORE placing your order. Shipping services and rates are subject to change without prior notice.International Shipping
Customs and import duties may be applied by your local governmental authority when your package reaches its destination country. Any charges are the responsibility of you, the recipient, and vary depending on your country. Contact your local customs office for more details.Shipping laws vary in each country and it is your responsibility to check with your local authority to verify whether the country to which you are shipping permits the items in your order. We are not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
RETURN POLICY
Customer Satisfaction
If for any reason you’re not 100% satisfied with your DuraPro product, you may return the un-used merchandise within 60 calendar days of date of purchase.
We only accept returns for merchandise that was bought directly from www.DuraProUSA.com and do not accept returns for items purchased elsewhere. Merchandise that was purchased elsewhere is subject to that particular dealer's return policy and should be returned to that location only.- Proof of purchase is required.
- Original shipping and handling charges are non-refundable (this does not apply if the incorrect merchandise was shipped or if the order is cancelled prior to shipment).
- To initiate a return, package the merchandise carefully with adequate protection and use a shipper of your choice to return your items. Please include a copy of your original invoice. You are responsible for any and all return shipping costs - No CODs please. We highly recommend insuring the package as we are not liable for lost or damaged packages during transit to our facility.
DuraPro
Attn: Return Department
406 Water Cliff Drive - BLDG 2
Somerset, KY 42503
Refunds will be returned only to the original form of payment and normally process within 3 business days once we receive the returned merchandise.
WARRANTY POLICY
All DuraPro products are designed for ultimate quality, durability, and reliability. That is why we fully warrant them to the original owner against defects in materials and workmanship. No warranty card is required but proof of purchase may be.If any of our products fail due to a manufacturing or material defect, we will replace the item free of charge. However, the customer is responsible for the replacement item shipping costs.
Making a Warranty Claim
To initiate a warranty claim, please fill out the “Warranty Submission Form” below along with submitting (1) high definition photograph of EACH damaged product. A DuraPro Customer Service representative will contact you within 7 business days (Monday – Friday) with either an approval or denial of your warranty claim. If your claim is approved, they will also provide instructions on how to pay for shipping charges surrounding your claim. Once you have paid for the shipping costs, your replacement item will be shipped and a tracking number will be provided to you.Terms & Conditions
Our Warranty does NOT cover:- Normal wear and tear*
- Tether coil lanyard breakage
- Crashes
- Loss
- Misuse, abusive, or negligent use
- Unauthorized repairs or alterations & modifications
- Damage resulting from improper installation, maintenance, or care
- Any use other than the product’s intended purpose.
*Normal Wear and Tear: Regardless of how carefully you use, or how well you care for your DuraPro product, it will eventually wear out. Normal wear and tear is damage that inevitably occurs as a result of normal use. While we choose the absolute very best materials available and design our products to endure extended periods of time, all materials degrade with use and exposure to the elements.
JUST BECAUSE YOUR DURAPRO PRODUCT IS DAMAGED DOES NOT NECESSARILY MEAN THAT IT IS COVERED UNDER WARRANTY. WE DO NOT COVER PRODUCT(S) THAT NO LONGER WORK OR ARE DAMAGED DUE TO NORMAL WEAR AND TEAR.
In no event shall DuraPro be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or contingent liability relating to the purchase, use, or performance of any DuraPro product (e.g., no claim for charges incurred in the loss of use, loss of time, removal, disassembly, or re-installation of product will be allowed). This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Warranty is subject to change at any time without notice.