Terms & Conditions

Welcome to truck-hero.com. Truck Hero, Inc. and/or its affiliates (“Extang”, “TruXedo”, “BedRug”, “UnderCover”, “Advantage”, “Retrax”, “BAK Industries”, “A.R.E.”, "Rugged Liner", "Husky Liner" and “N-Fab”) provide website features to you subject to the following conditions and terms of use. If you visit or shop at truck-hero.com, you accept and agree to be bound by these conditions and terms of use. Please read them carefully.

 

 

Truck Hero Terms of Use

 

Last Modified: May 25th, 2017

 

Accepting our Terms of Use  

The terms of use below establish guidelines for your access to and use of Truck-Hero.com, including any content, functionality, and services offered on or through Truck-Hero.com, whether as a guest or a registered user.

 

Please read the Terms of Use before you start to use Truck-Hero.com. By using Truck-Hero.com, you accept and agree to be bound to and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you should not access or use Truck-Hero.com. 

Truck-Hero.com is offered and available to users who are 18 years of age or older. By using Truck-Hero.com, you represent that you are 18 years of age or older, or if you are younger than 18, you are visiting the site under the supervision of a parent or guardian.

 

Changes to the Terms of Use  

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Truck-Hero.com afterwards.

 

Your continued use of Truck-Hero.com following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding once made.

 

Accessing Truck-Hero.com and Account Security  

We reserve the right to withdraw or amend Truck-Hero.com, and any service or material we provide on Truck-Hero.com, at our sole discretion without notice. We will not be liable if for any reason all if any part of Truck-Hero.com is unavailable at any time or for any period. From time to time, we may limit access to some parts of Truck-Hero.com, or the entire Truck-Hero.com site, to users, including registered users.

 

To access Truck-Hero.com or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Truck-Hero.com that all the information you provide on Truck-Hero.com is correct, current, and complete. You agree that all information you provide to register with Truck-Hero.com or otherwise, including but not limited to information provided through the use of any interactive features on Truck-Hero.com, is governed by our Privacy Policy and you consent to all actions we take with respect to your information, consistent with our Privacy Policy.

 

Any username, password, and any other piece of information that provides access to your account must be treated as confidential. You must not disclose this information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Truck-Hero.com or portions of it using your user name, password, or other security information. Any transaction performed under your user name and password is considered your responsibility. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password, or any other such breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password, or other identifier at our sole discretion for any or no reason, including if, in our opinion, you have violated any aspect of these Terms of Use.

 

Intellectual Property Rights  

Truck-Hero.com and all its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Truck-Hero, its licensors, or other providers and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These Terms of Use allow you to use Truck-Hero.com for your personal, non-commercial use only. You must not reproduce, distribute, alter, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Truck-Hero.com, except as follows:

 

  • You may print or download one copy of a reasonable number of pages of Truck-Hero.com for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

    You may not:

 

  • Alter copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 

 

Trademarks  

The Truck Hero name, the terms TRUCK HERO, the R logo design and all related names, logos, product and service names, designs, and slogans are trademarks of Truck Hero or its affiliates or licensors. You may not use such marks without the prior written permission of Truck Hero. All other names, logos, product and service names, designs, and slogans on Truck-Hero.com are the trademarks of their respective owners.

 

Prohibited Uses  

You may use Truck-Hero.com only for lawful purposes and under these Terms of Use. You agree not to use Truck-Hero.com:

 

  • In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To send, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate a Truck Hero employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Truck-Hero.com, or which, as determined by us, may harm Truck Hero or users of Truck-Hero.com or expose them to liability.

 

    Additionally, you agree not to:

 

  • Use Truck-Hero.com in any way that could disable, overburden, damage, or impair the site or interfere with anyone else’s use of Truck-Hero.com, including their ability to engage in real time activities through Truck-Hero.com.
  • Use any robot, spider, or other automatic device, process, or means to access Truck-Hero.com for any purpose, including monitoring or copying any of the material on Truck-Hero.com.
  • Use any manual process to track or copy any of the material on Truck-Hero.com or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of Truck-Hero.com.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Truck-Hero.com, the server on which Truck-Hero.com is stored, or any server, computer, or database connected to Truck-Hero.com.
  • Attack Truck-Hero.com via a denial-of-service attack or a distributed denial-of-service (DDOS) attack.
  • Otherwise attempt to interfere with the proper working of Truck-Hero.com.

User Contributions  

Truck-Hero.com may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, comment sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through Truck-Hero.com.

 

All User Contributions must follow the Content Standards set out in these Terms of Use.

 

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on Truck-Hero.com, you grant us, our affiliates, our service providers, and each of their and our respective licensees, successors, or assigns the royalty-free right to use, reproduce, alter, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

 

    You represent and warrant that:

 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All your User Contributions will follow these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Truck Hero, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of Truck-Hero.com.

 

Monitoring and Enforcement; Termination  

    We have the right to:

 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action related to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Truck-Hero.com or the public, or could create liability for Truck Hero.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Truck-Hero.com.
  • End or suspend your access to all or part of Truck-Hero.com for any violation of these Terms of Use.

 

We have the right to cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or information of anyone posting any materials on or through Truck-Hero.com. You waive and hold harmless Truck Hero and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or take as a consequence of, investigations by either Truck Hero or law enforcement.

      

Content Standards  

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety follow all applicable federal, state, local, and international laws and regulations. Without limit to the foregoing, User Contributions may not:

 

  • Contain any material that is libelous, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe upon any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement  

If you believe that any User Contributions violate your copyright, send us a notice of copyright infringement to contact us. It is the policy of Truck Hero to terminate the user accounts of repeat offenders.

 

Reliance on Information Posted  

Truck-Hero.com includes content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials are solely the opinions of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Truck Hero. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

 

Changes to Truck-Hero.com

We regularly update the content on Truck-Hero.com, but there may be times when content is not fully complete or up-to-date.

 

Information About You and Your Visits to Truck-Hero.com

All information we collect on this RealTruck.com is subject to our Privacy Policy. By using Truck-Hero.com, you consent to all actions taken by us with your information in compliance with the Privacy Policy.

 

Online Purchases

All purchases through our site or other transactions for the sale of goods or services through Truck-Hero.com or resulting from visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

 

Additional terms and conditions may also apply to specific portions, services or features of Truck-Hero.com. All such terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

Linking to Truck-Hero.com and Social Media Features  

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

 

Truck-Hero.com may provide certain social media features that enable you to:

 

  • Link from your own or certain third-party websites to certain content on Truck-Hero.com.
  • Send emails or other communications with certain content, or links to certain content, on Truck-Hero.com.
  • Cause limited portions of content on this Truck-Hero.com to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided. You may not:

 

  • Establish a link from any Truck-Hero.com that is not owned by you.
  • Cause Truck-Hero.com or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of Truck-Hero.com other than the homepage.
  • Otherwise take any action with respect to the materials on this Truck-Hero.com that is inconsistent with any other provision of these Terms of Use.

 

You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice at our discretion.

 

Links from Truck-Hero.com

If Truck-Hero.com contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party links, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Warranties  

Warranty Claims for Products Sold on Truck-Hero.com

Each product on our site is backed by a manufacturer's warranty. Although the specific terms of warranties vary from product to product, many of these products are warranted for the life of the vehicle. If you want specific warranty information on a product, please contact our Customer Service Department. Truck Hero is not responsible for providing warranty or returns, but we will assist with this process with the manufacturer to help you.

 

Product and Pricing Information on Truck-Hero.com

If a product on Truck-Hero.com is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for such product. If your credit card has already been charged for the purchase and your order is cancelled, Truck Hero will issue a credit to your credit card in the amount of the incorrect price.

 

Truck Hero does not manufacture products. Therefore, Truck Hero relies upon the product manufacturers to provide accurate information about their products. As such, Truck Hero does not warrant the accuracy of product information on Truck-Hero.com.

 

Your use of Truck-Hero.com, its content, and any services or items obtained through Truck-Hero.com is at your own risk. They are all provided on an “as is” and “as available” basis, without any warranties expressed or implied. Neither Truck Hero nor anyone associated with Truck Hero makes any warranty or representation about the completeness, security, reliability, quality, accuracy, or availability of Truck-Hero.com. Neither Truck Hero nor anyone associated with Truck Hero warrants that Truck-Hero.com, its content, or any services or items obtained through Truck-Hero.com will be accurate, reliable, error-free, or uninterrupted. We do not warrant that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that Truck-Hero.com or any services or items obtained through Truck-Hero.com will otherwise meet your needs or expectations.

 

To the full extent of the law, Truck Hero hereby disclaims all warranties of kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Truck-Hero.com will be free of viruses or other destructive code. You are responsible for having your own anti-virus protection in place and for maintaining a means external to our site for restoring any lost data. To the full extent of the law, we will not be liable for any loss or damage caused by a distributed denial of service (DDOS) attack, viruses, or other material harmful to technology that may infect your computer’s hardware or software or other material you own to your use of Truck-Hero.com or any services or items obtained through Truck-Hero.com or to your downloading of any material posted on it, or any website linked to it.

 

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

 

Limitation on Liability  

In no event will Truck Hero, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, Truck-Hero.com, any websites linked to it, any content on Truck-Hero.com or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages or otherwise, even if foreseeable.

 

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

 

Indemnification  

You agree to defend, indemnify, and hold harmless Truck Hero, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Truck-Hero.com, including, but not limited to, your User Contributions, any use of Truck-Hero.com’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from Truck-Hero.com.

 

Governing Law and Jurisdiction  

All matters relating to Truck-Hero.com and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or Truck-Hero.com shall be executed exclusively in the federal courts of the United States or the state or county courts that govern the State of Michigan. We retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

 

Waiver and Severability  

No waiver by Truck Hero of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Truck Hero to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement  

This Terms of Use, our Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and Truck Hero regarding Truck-Hero.com and replace all prior and concurrent understandings, agreements, representations, and warranties, both written and oral, regarding Truck-Hero.com.

 

Your Comments and Concerns  

Truck-Hero.com is operated by Truck Hero, Inc., which is located at:

5400 S State Rd
Ann Arbor, MI, 48108

 

All notices of copyright infringement claims should be sent to contact us.

 

All other feedback, comments, requests for technical support, and other communications relating to Truck-Hero.com should be directed to: contact us.

 

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