Terms and Conditions

Last Modified Date: March 26, 2021
These terms of use are entered into by and between You (“you,” “your,” or “End User”) and Tarpstop, LLC (“Tarpstop,” “we,” “us,” or “our”).  The following terms and conditions, our Privacy Policy, Terms and Conditions of Sale, and Shipping and Return Policies, which are expressly incorporated by reference herein (collectively, “Terms of Use”), govern your access to and use of www.tarpstop.com (the “Website”). 

1.) Acceptance

Please read these Terms of Use carefully prior to your use of the Website.  By using the Website, you accept and agree to be bound and to abide by these Terms of Use.  If you do not wish to agree to these Terms of Use or any of the documents that comprise the Terms of Use, you must not access or use the Website.  

This Website is made available to End Users who are at least eighteen (18) years of age and reside in the United States and its territories.  By using this Website, you represent and warrant to Tarpstop that you are of legal age to form a binding legal contract with Tarpstop and you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, then you must not access or otherwise use the Website.  

2.) Website Accessibility, Features, Functionality, and Security

Tarpstop reserves the right to amend, withdraw, or change the Website and any service, material, content, or products provided on or through the Website at any time.  Tarpstop will not be liable if for any reason the entire Website or any part of the Website is unavailable at any time for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to all users, including you.  In accessing our Website, you are exclusively responsible for: (a) making all necessary arrangements for you to have access to the Website; and (b) ensuring that all persons having access to the Website through your internet connection are aware of these Terms of Use and comply with them.  

In order to access certain resources on the Website, you may be asked to provide certain account registration or other information including in connection with leaving a testimonial, reviewing a product, or completing a sales transaction.  You hereby acknowledge and agree that it is a condition of your use of the Website that all the information that you provide to us on or through the Website is correct, current, and complete.  You agree that all information that you provide to us in connection with completing a sales transaction or through the use of any interactive features on the Website, is governed by our Privacy Policy, and you hereby consent to all actions that we take with respect to your information that is consistent with our Privacy Policy.  

If you choose to create a customer account in connection with completing a sales transaction on our Website, you must treat the information as confidential and you must not disclose the account credentials to any other person or entity.  You acknowledge and agree that your account is personal to you and you agree not to provide any other person with access to this Website or any portions of it using your username, password, or other security information.  You agree to notify us immediately in the event you learn of any unauthorized access to or use of your username, password or any other breach of security.  Further, you agree that to the extent you utilize a public computer to log into your account and access the Website that you will ensure that you log out of your account at the end of each session.  Please use particular caution when accessing your account from a public or shared computer so that others are not able to view, record, or otherwise steal your password and other personal information.  Tarpstop reserves the right to disable any user name, password, or other account identifier, at any time, in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use.  

3.) Changes to these Terms of Use

Tarpstop reserves the right to revise and update these Terms of Use from time to time in our sole discretion.  Changes to these Terms of Use shall be effective immediately upon their posting and will apply to all access and use of the Website after such posting.  Any changes to the dispute resolution provisions in the Governing Law and Jurisdiction section (Section 22) will not apply to any dispute for which the parties have actual notice of prior to the date a change to that section is posted on the Website.  Your continued use of the Website after a revised Terms of Use has been posted shall constitute your acceptance to and agreement with the changes.  It is your responsibility to check this page from time to time so that you are aware of any changes as such changes are legally binding upon you.  

4.) Intellectual Property 

The Website, including its entire contents, features, functionality, information, software, images, video, audio, and the design, selection, and arrangement of the Website are owned by Tarpstop, its licensors and other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are permitted under these Terms of Use to use the Website for your personal, non-commercial use only.  You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except that: (1) you may temporarily store copies of such materials in your computing device’s RAM that is incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your internet web browser in connection with displaying such files; (3) you may print one copy of a reasonable number of pages of the Website for your personal, non-commercial use and not for further reproduction, publication or distribution; and (4) wherever we provide social media features on our Website, you may take such actions that are enabled by such features.  

You are strictly prohibited under these Terms of Use from (1) modifying copies of any materials from the Website; (2) using any illustrations, photographs, video or audio sequences, or any graphics from the Website; or (3) deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.  You must not access or use any portion of the Website or any services or materials available through the Website for a commercial purpose. 

In the event that you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your rights to use the Website will automatically cease and you must, at our option, return or destroy any copies of the materials that you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted under these Terms of Use are reserved by Tarpstop.  Any use of the Website that is not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also violate copyright, trademark, or other laws.  

5.) Trademarks

Tarpstop’s name, the terms Fastrak, Fastrak Evolution, Fastrak RTS, Fastrak Direct, Overflow, Transformer, Exaloy, Excalibur, Trucking for the Cure, Pulling for the Cure, Truckers Spring Break, Tarpstop’s logo and all related names, logos, product and service names, designs, and slogans are trademarks of Tarpstop or its affiliates or licensors.  You shall not use any such marks without the prior written permission of Tarpstop.  All other names, logos, product and service names, designs, and slogans that are on the Website are trademarks of their respective owners.  

6.) Copyright Infringement

In the event that you believe that any User Contribution (defined in Section 8) violates your copyright, please contact us at infmgr@tarpstop.com and include “Notice of Copyright Infringement” in the subject line.  It is our policy to terminate the user accounts of and block access to the Website for repeat infringers.  

7.) Prohibited Uses

Our Website is available for your use only for lawful purposes and in accordance with these Terms of Use.  You hereby agree that you will not use the Website: (i) in a manner that violates any applicable international, federal, state, or local law or regulation, including any export laws; (ii) to exploit, harm, or attempt to exploit or harm minors in any way; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards detailed in these Terms of Use; (iv) to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, spam, chain letter, or any other similar solicitation; (v) to impersonate or attempt to impersonate Tarpstop, a Tarpstop employee, another customer or user, or any other person or entity; or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Tarpstop or uses of the Website, or expose them to liability.  

In addition to the foregoing restrictions, you shall not engage in or attempt to engage in any of the following, which are also violations of the Terms of Use: 

• Use the Website in any manner that could have the effect to disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities thought the Website.
• Deploy or use any robot, spider, script, program, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on or from the Website.   
• Use any manual process to monitor or copy any of the material on the Website, or for any other purposes that are not expressly authorized by these Terms of Use, without Tarpstop’s prior written consent.  
• Use any device, software, script, code, or routine that interferes with the proper working of the Website.  
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Gain or attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected with the Website. 
• Launch or otherwise participate in any attack on the Website via a denial-of-service attack or a distributed denial-of-service attack. 
• Otherwise attempt to interfere with the proper working of the Website.  

8.) User Contributions 

The Website contains functionality that enables you to provide a customer testimonial about your experience with Tarpstop and its products and to leave a review regarding a particular item that we sell on or through the Website (collectively, the “Interactive Services”).  In connection with these Interactive Services, the functionality on our Website enables you to post, submit, publish, display, or transmit your feedback and opinions on products to other persons (“User Contributions”) on the Website.  All User Contributions must adhere with Tarpstop’s Content Standards as detailed in Section 10 of these Terms of Use.  

All User Contributions that you choose to post to the Website will be considered non-confidential and non-proprietary.  Whenever you provide any User Contribution on the Website, you grant us and our affiliates and services providers and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purposes (the “License”).  For each User Contribution, you hereby represent and warrant to Tarpstop that: (a) you own and control all rights in and to the User Contribution and have the right to grant the License set forth hereunder to Tarpstop, our affiliates, and service providers and each of their and our respective licensees, successors, and assigns; and (b) each User Contribution complies with these Terms of Use.  

You further acknowledge and agree that you are exclusively responsible for any User Contribution that you submit or contribute on or through the Website, including its legality, reliability, accuracy, and appropriateness.  Tarpstop shall not be responsible or liable to any third party for the content or accuracy of any User Contribution posted by you or any other user of the Website.    

9.) Monitoring and Enforcement; Termination

Tarpstop cannot undertake to review all materials, including User Contributions before they are posted to the Website, but we do monitor activity on our Website from time to time.  In connection with our monitoring and enforcement efforts, we reserve the right to take any of the following actions:  

• Removal or refusal to post any User Contributions, for any or no reason, in our sole discretion.
• Disclosure of your identity or other information about you to any third party who claims that material posted by you violates that third party’s rights.  
• Taking all other appropriate action in our sole and absolute discretion for any User Contribution that violates the Terms of Use, infringes on any rights of any other person or entity, threatens the safety of users of the Website, public, or could create liability for Tarpstop. 
• Pursuing legal action, such as reporting the matter to law enforcement or initiating legal process for any illegal or unauthorized use of the Website. 
• Terminating or suspending your access to all or part of the Website for any violation of these Terms of Use.  

Nothing contained in this Section 9 shall be construed to limit any right of Tarpstop to cooperate fully with law enforcement or regulatory authorities or to restrict Tarpstop from disclosing your identity or any other information about you in response to a subpoena, court order, or other legal process.  YOU HEREBY WAIVE AND HOLD TARPSTOP HARMLESS, INCLUDING ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY TARPSTOP OR ANY OF THE FOREGOING PARTIES AS A CONSEQUENCE OF INVESTIGATIONS UNDERTAKEN BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.  Tarpstop assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  Tarpstop shall have no liability or responsibility to anyone for the performance or nonperformance of the activities set forth in this Section 9.

10.) Content Standards

The content standards detailed in this Section 10 apply to all User Contributions and Interactive Services on the Website.  All User Contributions must comply with all applicable international, federal, state and local laws and regulations.  User Contributions shall not: (i) contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material; (ii) contain or promote any sexually explicit or pornographic material, violence, or discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity; (iv) violate the legal rights of others; (v) contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise be in conflict with these Terms of Use or our Privacy Policy; (vi) be likely to deceive any other person; (vii) promote any illegal activity, or advocate, promote, or assist any unlawful act; (viii) cause annoyance, inconvenience, or be likely to upset, embarrass, alarm, or annoy any other person; (ix) impersonate any person, or misrepresent your identity, or affiliation with any person or organization, or misrepresent your ownership of any product or past purchases on the Website; (x) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, or advertising; or (xi) give the impression that such User Contributions are from or endorsed by Tarpstop or any other person or entity, if this is not indeed the case.  

11.) Reliance on Information Posted on Website

The information and content posted to the Website is made available for general informational purposes only.  Tarpstop makes no warranties or representations regarding the accuracy, completeness, or usefulness of the information and content contained on the Website.  Any reliance you choose to place on such information and content on the Website is entirely at your own risk.  Tarpstop disclaims all liability and responsibility arising from any reliance by you or any other visitor to the Website on such content or information or any other person or entity who may be informed of any of its contents.   

12.) Third Party Materials

This Website includes content provided by third parties, including materials provided by other users and third parties.  All statements and opinions expressed in such third party content, other than content provided by Tarpstop, are solely the opinion and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinions of Tarpstop.  We are not responsible, or liable to you or any other third party for the content or accuracy of any materials provided by any third parties.  

13.) Changes to the Website

From time to time in our sole discretion, we may choose to update the content and information on the Website and to add and remove products, services, or other offerings.  While we make every reasonable effort to ensure that the content and information contained on the Website are up-to-date, there may be times where any information, material or content on the Website is out of date at any given time.  Please be advised that we are under no obligation to update such material and will not be liable for any inaccurate or incomplete content, information or materials on the Website. 

14.) Information Collection and Use in Connection with Your Visits to the Website

All information that we collect about you while you use our Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by Tarpstop in accordance with such Privacy Policy.  

15.) Online Purchases and Other Terms and Conditions

All purchases that you make through our Website or other transactions for the sales of goods, or services are governed by the Terms and Conditions of Sale, which are hereby incorporated by reference into these Terms of Use.  

16.) Links from the Website 

The Website contains hyperlinks that redirect the user to other websites and resources provided by third parties.  We provide these hyperlinks to third party websites and resources for your convenience, including hyperlinks contained in advertisements.  We have no control over the contents of any third party websites 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 websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such Websites.  

17.) Social Media Features

The Website contains certain social media features that enable you click on hyperlinks to follow Tarpstop on various social media accounts, including YouTube, Facebook, Twitter and LinkedIN. You may use any social media features solely as we have provided them through the Website.  Please note that your use of any social media network will be governed by their terms of use, service, and privacy policy and that we have no responsibility for the practices or policies of such social media networks.  

18.) Geographic Restrictions

Tarpstop is based on the State of Ohio within the United States of America.  The Website is provided for use only be persons located in the United States of America. Tarpstop makes no claims that the Website or any of its content is accessible or appropriate for viewing or use outside of the United States.  Access to the Website may not be legal by certain persons in certain countries.  To the extent that you choose to access the Website from outside the United States, you do so entirely at your own risk.  You hereby acknowledge and agree that you are solely responsible for compliance with your local laws.   

19.) Disclaimer of Warranties

Tarpstop does not guarantee that files available for downloading from the Website will be free of viruses, malicious or other destructive code.  You are responsible for implementing sufficient procedures and data security on your computing device to satisfy your particular requirements for anti-virus protection and maintaining a means external to our Website for reconstructing any lost data.  

TARPSTOP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTING DEVICE, EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR  FOR ANY OF YOUR DOWNLOADING OF ANY OF THE MATERIAL POSTED ON THE WEBSITE OR ANY WEBSITE LINKED TO IT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE, ITS CONTENT AND INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER TARPSTOP NOR ANY PERSON OR ENTITY ASSOCIATED WITH TARPSTOP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING ANY OF THE FOREGOING, NEITHER TARPSTOP NOR ANYONE ASSOCIATED WITH TARPSTOP REPRESENTS OR WARRANTIES THAT THE WEBSITE, ITS CONTENT, INFORMATION, OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVICES ON WHICH THE WEBSITE IS MADE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TARPSTOP HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY BY STATUTE, USAGE OF TRADE OR COURSE OF PERFORMANCE AS IT CONCERNS THE WEBSITE, ITS CONTENT AND INFORMATION AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE.  THE FOREGOING LIMITATION DOES NOT AFFECT WARRANTIES THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. 

20.) Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL TARPSTOP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, IN RELATION TO, OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT OR INFORMATION ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS, BUSINESS OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, USE, GOODWILL, OR DATA, AND REGARDLESS OF WHETHER SUCH CLAIM FOR DAMAGES IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR SOME OTHER THEORY OF LIABILITY AND REGARDLESS OF WHETHER TARPSTOP WAS WARNED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. 

21.) Indemnification

You agree to fully defend, indemnify, and hold Tarpstop, is affiliates, licensors, and service providers and their respective officers, directors, employees, subcontractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, orders, awards, losses, costs, expenses, and fees (including attorneys’ fees and court costs) arising out of, in relation to, or in connection with: (i) your violation of these Terms of Use; (ii) your use of the Website, including any content, information, materials, and/or User Contributions other than as authorized under these Terms of Use.  

22.) Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, including any dispute or claim arising out of, in relation to, or in connection with the Website or Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any conflict of law provision or rule.  

Any legal cause of action, proceeding, or lawsuit arising out of, in relation to, or in connection with the Website or these Terms of Use shall be maintained exclusively in the state and federal courts in and for Wood County, Ohio, USA.  Tarpstop reserves 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 jurisdiction.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venues in such courts.  

23.) Arbitration

In Tarpstop’s sole discretion, Tarpstop may require you to submit any disputes arising out of, in relation to, or in connection with the Website or these Terms of Use to final and binding arbitration in accordance with the Rules of Arbitration for the American Arbitration Association, applying Ohio law.  In such instance, the location of arbitration will be in Perrysburg, Ohio, USA.  

24.) Limitation on Time to File Claims

IN ORDER TO BE TIMELY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, IN RELATION TO, OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR OTHERWISE SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED. 

25.) Waiver

No waiver by Tarpstop of any term or condition in these Terms of Use shall be deemed or construed as any further, continuing or future waiver of such term or condition or a waiver of any other term and condition herein.  Any failure by Tarpstop to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision in the future.  

26.) Severability

In the event that any provisions of these Terms of Use is held by a court of competent jurisdiction or an arbitrator, as the case may be, to be invalid, illegal or unenforceable for any reason, such provision shall be construed to the maximum extent permitted by applicable law to achieve the intent of the parties and any other provisions of these Terms of Use shall continue in full force and effect. 

27.) Entire Agreement

The Terms of Use, including the Privacy Policy, Terms and Conditions of Sale, and Shipping and Return Policies constitute the entire agreement between you and Tarpstop regarding the Website and supersede all prior and contemporaneous understandings, agreements, negotiations, communications, whether oral or in writing between the parties regarding the Website. 

28.) Contact Us

This Website is owned and operated by Tarpstop, LLC, 12000 Williams Road, Perrysburg, Ohio 43551

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to infmgr@tarpstop.com. 

Terms of Sale

Last Updated Date: June 17, 2021

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THIS DOCUMENT CAREFULLY. THESE TERMS AND CONDITIONS OF SALE REQUIRE YOU TO SUBMIT TO ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE OR THROUGH ONE OF OUR STORES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS OF SALE. TO THE EXTENT THAT YOU ARE PLACING AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MUST NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM TARPSTOP IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT (I) AT LEAST 18 YEARS OF AGE, OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH TARPSTOP, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR SITE OR ANY OF OUR GOODS OR SERVICES BY APPLICABLE LAW.

 

1.) Please read these Terms of Use carefully prior to your use of the Website.  By using the Website, you accept and agree to be bound and to abide by these Terms of Use.  If you do not wish to agree to these Terms of Use or any of the documents that comprise the Terms of Use, you must not access or use the Website.  

This Website is made available to End Users who are at least eighteen (18) years of age and reside in the United States and its territories.  By using this Website, you represent and warrant to Tarpstop that you are of legal age to form a binding legal contract with Tarpstop and you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, then you must not access or otherwise use the Website.  

2.)  Order Acceptance and Cancellation. 
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation by telephone, mail, or email, as applicable, with your order number and details of the items that you have ordered. 

3.)  Prices and Payment Terms. 
(a) Prices posted on this Site may be different than the prices offered by us at our physical store locations. All prices, discounts and promotions posted on the Site and in our stores are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be detailed in your order confirmation from us. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. For orders on our Site, all such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b) We may offer from time to time promotions on the Site or in our stores that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(c) The following terms may be used by us to communicate pricing information to you:

          i.  “Sale” refers to a reduced price for a product or service during a specific time period.

          ii.  “Clearance” refers to a reduced price for a product or service that will be discontinued.

(d) Terms of payment are within our sole discretion and payment must be received by us prior to our acceptance of an order. We accept Visa, MasterCard and Discover credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for your purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

4.)  Shipments and Delivery. 
(a) Site Sales. TarpStop will arrange for shipment of the products you purchase through the Site to be delivered to you, except as otherwise noted on the Site. Please check the individual product page for specific delivery options. You shall pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

(b) Store Sales. TarpStop will advise you of the shipping options for the products purchased through our stores. To the extent shipping is required, TarpStop will charge you for all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

5.)  Title and Risk of Loss. 
Title and risk of loss shall pass to you upon our transfer of the products to the transportation carrier for delivery. Shipping and delivery dates are estimates and cannot be guaranteed. In no event will TarpStop be liable for any delay in shipments.

6.)  Returns and Refunds. 
We are unable to accept returns of products that are customized or manufactured to customer specifications, or products that have been used or exposed to environmental conditions. We are also unable to accept returns on any products designated on our Site as “final sale” or “non-returnable.” Except as otherwise provided herein, we will accept returns and exchanges of new and original condition products within thirty (30) days of shipment, with a valid proof of purchase. For products that are eligible for a refund as set forth in this Section 6, we will refund of the purchase price, minus any applicable freight and restocking fees, as set forth herein. Customer is responsible for proper packaging of any returned product, and unless TarpStop made an error or the product is defective, you are also responsible for the return shipping or freight charges and a 10% restocking fee against the total purchase price. Prepayment is required in circumstances where TarpStop sends you a replacement product prior to receiving a returned product. Once your returned product is received in compliance with this Section, we will refund the difference to you after deducting the applicable restocking and freight charges. You shall bear the risk of loss during any returned shipment and therefore we recommend that you fully insure your return shipment against loss or damage.

7.)  TarpStop Warranty and Disclaimers.
Except as otherwise provided in this Section 7, TarpStop does not offer any warranties on any of the other products that TarpStop sells online or in its stores, including those products that are manufactured by third parties. The availability of products or services through the Site or in our stores does not indicate an affiliation with or endorsement of any product, service or manufacturer. Except as otherwise provided below, we do not provide any warranties with respect to the products or services we offer for sale.

(a) TarpStop offers a warranty for the Fastrak II Rolling Tarp System as set forth in Exhibit A, which is attached hereto.

(b) TarpStop offers a three-month warranty on tarps that are manufactured by TarpStop from defects in material and workmanship, which commences upon the earlier of: (i) your receipt of the TarpStop manufactured tarp, or (ii) the shipment date of the TarpStop manufactured tarp.

(c) All other products that are manufactured by TarpStop, including TarpStop manufactured tarp systems are warranted for twelve months from defects in material and workmanship, which commences upon the earlier of: (i) your receipt of the TarpStop manufactured tarp, or (ii) the shipment date of the TarpStop manufactured tarp.

In the event of a warranty claim under subsections (a) through (c) of this Section 7, you shall promptly provide notice to TarpStop and provide reasonable evidence of the defect in material or workmanship, as applicable. TarpStop shall have no responsibility to honor any warranty where the defect is due to abuse, misuse, improper installation by an unauthorized third party, or use of a product that is not consistent with TarpStop’s documentation, as determined in TarpStop’s reasonable discretion. For a valid and eligible warranty claim, TarpStop shall have the option to either (i) repair the defective product; or (ii) refund the purchase price for the applicable TarpStop product. The foregoing TarpStop warranties cover parts and labor only for the specific defective product and only for equipment that is manufactured by and/or installed at a TarpStop facility. In the event that a warranty claim is for a defective TarpStop product that was installed at an authorized dealer facility (and not by TarpStop), then TarpStop will only be responsible for the cost of the product, but not any labor. Any warranty repairs will be performed at TarpStop company locations or an approved service center only with prior written consent from the management of TarpStop. All warranty claims are subject to inspection and approval of the management of TarpStop. No warranty claim will be paid without prior approval from TarpStop. To the extent that a product is manufactured by a third party, but installed by TarpStop, any warranty coverage for such products will be based on any manufacturer stated warranty and policy issued by such third party manufacturer.

The warranties set forth in this Section 7 are the exclusive warranty for products manufactured by TarpStop and services rendered by TarpStop and is made in lieu of all other warranties, express or implied. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 7 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TARPSTOP HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES UNDER THE LAW, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY BY VIRTUE OF USAGE OF TRADE, COURSE OF PERFORMANCE, OR COURSE OF DEALING.

8.)  Indemnification.
You agree to fully defend, indemnify and hold TarpStop, including its officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, suits, demands for damages, causes of action, and proceedings asserted by a third party (“Claims”) and pay all losses, liabilities, orders, judgements, settlements, costs and expenses (including attorneys’ fees and court costs) whatsoever incurred (“Losses”), arising out of or in connection with (a) any violation by you of these Terms; (b) your use or misuse of any product purchased from TarpStop, including without limitation combining, modifying or otherwise using the product in a manner that is not specifically approved in writing by TarpStop; and (c) any violation of applicable law by you.

9.)  Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, ENHANCED, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR ANY OTHER SIMILAR TYPE OF DAMAGES, ARISING OUT OF OR IN RELATION TO THESE TERMS OR ANY PRODUCT OR SERVICE SOLD BY TARPSTOP, INCLUDING THROUGH THE SITE. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AN AMOUNT EQUAL TO THE TOTAL PURCHASE PRICE ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION 9 SHALL APPLY REGARDLESS OF WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE DAMAGES WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE LEGAL CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR SOME OTHER THEORY OF LIABILITY.

10.)  Goods Not for Resale or Export.
You represent and warrant that you are buying the products or services from TarpStop for your own personal or industrial use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to and use in locations within the United States.

11.)  Privacy Policy.
Our Privacy Policy is located at https://www.tarpstop.com/privacy-policy, which governs the processing of all personal data collected from you in connection with your purchase or products or services through the Site.

12.)  Force Majeure.
TarpStop shall not be liable or responsible to you, nor deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage (each, a “Force Majeure Event”). If any Force Majeure Event occurs, TarpStop shall provide notice to you and if it continues for more than thirty (30) days, then you shall have the right to cancel the impacted order and receive a refund for the purchase price.

13.)  Governing Law and Jurisdiction.
This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Ohio, without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of Ohio.

14.)  Jury Trial Waiver.
YOU HEREBY ACKNOWLEDGE AND AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT THAT YOU MAY HAVE UNDER ANY APPLICABLE LAW TO MAINTAIN A LAWSUIT IN A COURT OR BEFORE A JUDGE AND JURY. TARPSTOP ALSO WAIVES THIS RIGHT.

15.)  Class Action Waiver.
YOU AGREE THAT ANY DISPUTES SHALL BE ASSERTED IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. IN ADDITION, WE EACH AGREE THAT ANY DISPUTES SHALL BE LITIGATED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION AND THAT A COURT OR ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING INJUNCTIVE RELIEF ONLY ON AN INDIVIDUAL BASIS.

16.)  Dispute Resolution and Binding Arbitration.
(a) YOU AND TARPSTOP ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A DISPUTE. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY DISPUTE (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules (the "Rules") then in effect, except as modified by this Section 16 A copy of the Rules can be obtained online at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The location of the arbitration will be Wood County, Ohio, U.S.A. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

(c) You agree to an arbitration on an individual basis. In any Dispute, NEITHER YOU NOR TARPSTOP WILL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's Disputes, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

17.) Assignment.
You shall not assign any of your rights or delegate any of your obligations under these Terms without TarpStop’s prior written consent. Any purported assignment or delegation in violation of this Section shall be null, void, and of no legal effect. No assignment or delegation hereunder will relieve you of your obligations under these Terms.

18.) Waiver.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

19.) No Third Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

20.) Notices.
Any notice required or permitted to be provided to the other party pursuant to these Terms shall be in writing and provided to the other party as provided herein:

(a) To You. We may provide any notice to you under these Terms by:(i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to (419)-873-0548[FAX NUMBER]; or (ii) by personal delivery, overnight courier, or registered or certified mail to TarpStop, LLC, 1200 Williams Road, Perrysburg, Ohio 43551. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

21.) Severability.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

22.) Entire Agreement.
These Terms and any other document expressly incorporated herein shall constitute the entire agreement between the parties and shall supersede any and all prior and contemporaneous discussions, negotiations, representations, and writings, regardless of form, regarding the subject matter herein. The parties represent and warrant that they have not relied on any term or condition not expressly contained in these Terms.

 

EXHIBIT A
FASTRAK II – 2-2-5 LIMITED WARRANTY

• The Fastrak II Rolling Tarp System includes a limited warranty from TarpStop from bulkhead-to-tail against manufacturer's defects for the period of two (2) years from the date the Fastrak II system is picked up by you or your representative from TarpStop’s facility or dealer (the “Date of Receipt”). All warranties listed in this Exhibit A shall commence from the Date of Receipt. The wheels and bearings of the Fastrak II system are warranted for two (2) years. The cast aluminum corners of the Fastrak II system are warranted for five (5) years.
• The 2-year system warranty specifically covers manufacturing defects with any part of the unit for a period of two (2) years.
• The 2-year wheel and bearing warranty specifically covers the wheel and bearing assemblies from failure for the period of two (2) years.
• The 5-year corner warranty specifically covers the cast aluminum corners pieces from failure for the period of five (5) years.
• Parts and labor will be covered to repair the specific product defect only. Other costs associated with the repair are the sole responsibility of the customer.
• Tarpstop makes every effort to ensure that any connection we make to your wiring system is secure and sealed to withstand the elements. We use gel-filled shrink-wrap over all connections and we grease all bullet connections prior to shrink-wrapping. We take every precaution to make your light wiring as hassle free as possible. However, in today's world with the chemicals used on the roads as melting agents for ice and snow, we cannot combat the corrosion that naturally takes place when these chemicals come in contact with the connections. Tarpstop's warranty with respect to wiring is as follows: We warrant parts and labor for 30 days from the Date of Receipt. Tarpstop will warrant only the parts that we add to the wiring system for the remainder of our Bulkhead-to-Tail warranty. Lights used or added to your trailer will be covered by the manufacturer's warranty for the part only.
• Any warranty repairs will be performed at Tarpstop, LLC’s company locations or an approved service center only with prior written consent from the management of Tarpstop, LLC.
• All warranty claims are subject to inspection and approval of the management of Tarpstop, LLC. NO WARRANTY CLAIM WILL BE PAID WITHOUT PRIOR APPROVAL FROM TARPSTOP, LLC.
• All warranty claims that are a result of Abuse, Customer Negligence, Acts Of Nature or Damage from Accident (either directly or indirectly) will be denied.
  Tarpstop, LLG reserves the right to determine the extent to which any defect may be warranted.
• EXCEPT AS EXPRESSLY SET FORTH IN THIS EXHIBIT A AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TARPSTOP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FASTRAK II SYSTEM AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.