Website Terms of Use

Effective as of May 15, 2023

These Terms of Use apply to this website and related sites and applications (the “Site”). This Site is owned and operated by Feyer Marketing, LLC d/b/a Upfit Supply (collectively, “Upfit Supply”, “we” or “us”). You should read these Terms of Use carefully. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and us. In addition, when accessing certain materials on or through this Site, you are subject to any additional posted terms, conditions, and rules applicable to the materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.

BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THE SITE OR PROVIDE US WITH YOUR INFORMATION.

Amendments to Terms of Use
We reserve the right to change these Terms of Use and any of our other terms, conditions and rules relating to the Site, at any time. We will notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Third Party Service Providers & Suppliers
Upfit Supply may use third party service providers and/or suppliers to help develop and maintain this Site and to provide specific products and services offered through this Site. You agree that the terms and conditions set forth in these Terms of Use, inure to the benefit of any third party service providers engaged by Upfit Supply. All references to Upfit Supply are deemed to include its agents, suppliers, and service providers.

Use of Site and Materials
Through this Site, Upfit Supply may make available to you certain product information and other audio and visual materials contained or displayed in or made available through the Site (collectively, “Materials”). Upfit Supply and its licensors grant to you a personal, non-exclusive, non-transferable right to access, view, download, print, use and display the Materials solely for your own informational and non-commercial use. In these Terms of Use, all references to the Site shall be deemed to include all Materials unless otherwise expressly indicated. All rights not expressly granted by Upfit Supply to you are retained by Upfit Supply, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use.

The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by law and may not be copied or imitated. The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Upfit Supply, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) “frame” or “mirror” the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other “hidden text” utilizing Upfit Supply’s name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to Upfit Supply by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Upfit Supply. Our trademarks and trade dress cannot be used without an express, written license agreement, including in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that may disparage or discredit Upfit Supply. All other trademarks not owned by Upfit Supply that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Upfit Supply.

Upfit Supply and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

Eligibility
The Site is available only to individuals who are at least 16 years old. You represent and warrant that you are of legal age to form a binding contract. We may, in our sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Site Access and Registration
As part of placing orders through the Site, you may register an account with us and select a password and user ID. You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You are solely responsible for the security of online access to this Site, including access to any user account, and you must take precautions to protect the confidentiality of your user ID and password. You should not share your password or User ID with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your account and for ensuring that you receive a confirmation for all transactions placed for your account. You should contact us immediately if you suspect unauthorized use of your user ID or password, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or user ID. We may justifiably assume that any orders or instructions received through any electronic systems and placed under your account were placed or authorized by you.

Pricing and Orders
If you wish to purchase any product made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, telephone number, business information, and payment information. You represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

Unless otherwise specified, all prices listed on our Site are in U.S. Dollars. The prices and availability of products are subject to change without notice. If we discover an error in either pricing or availability, we will seek to correct it. We reserve the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). Pricing for the products on this Site are listed without applicable sales tax, which will be calculated at the time of purchase and added based on your location. Please contact us via the contact information provided at the end of this policy if you are a sales tax-exempt entity.

Orders placed on our Site are processed by our third party service providers and suppliers. All orders are subject to our ordering and returns policy, available here.

In the event of a credit card dispute, we reserve the right to pursue all available legal remedies to recover the disputed amount, including but not limited to pursuing the matter through the credit card company and/or initiating legal proceedings against you. If a chargeback is issued, we may suspend or terminate your account, cancel any pending orders, and/or refuse future orders from you until the dispute is resolved to our satisfaction.

Shipping
Shipments may be split or combined at our discretion when fulfilling orders. Shipping dates provided at checkout, if any, are estimates and are subject to change. Shipping times will be determined after your order is processed, your payment method is validated, and at the time your order is shipped. Actual delivery dates are not guaranteed and are subject to factors beyond our control, including delays by the carrier or delivery company, supply chain issues, weather, traffic, and other factors.

If you provide an invalid shipping address and/or phone number, miss your delivery appointment, or if we are unable to contact you to schedule a final delivery appointment, then your shipment(s) may be returned to us. In such cases, you will be fully responsible for all shipping costs associated with the return shipment, as well as any applicable restocking fees. Additionally, we cannot ship orders to P.O. Boxes or mailbox rental services. Orders with P.O. Box or mailbox rental addresses provided in the shipping address will be cancelled.

Any returned shipments due to violation of this policy will be treated as a return and subject to our return and refund policy, available here. Shipping and restock fees will apply, and we reserve the right to deduct these fees from any refund due to you.

Feedback
If you provide Upfit Supply with any comments, suggestions or other feedback with respect to the products, the Site or any component thereof (collectively, “Feedback”), Upfit Supply, without any restrictions, has the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the products or the Site, without obligation to you. Upfit Supply will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of Upfit Supply resulting from your Feedback, including, without limitation, any modifications or enhancements to the products or the Site.

Prohibited Behaviors
Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to engage in:

1. Removing , copying or destroy any proprietary rights marks or legends on or in the Site.
2. Modifying, enhancing, adapting, translating, creating derivative works of, decompiling, disassembling, or reverse engineering the Site.
3. Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Site.
4. The unauthorized access, monitoring, collection, or use of data, systems or networks.
5. Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
6. Offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.

In addition, you must comply with all applicable laws, rules and regulations related to your use of the Site. Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce our rights.

Privacy
We have a policy that addresses privacy, available here. Your use of our Site is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Site. Keep in mind, however, that the information you voluntarily post on this Site or post about us or our products on other sites, are public and are not protected under our Privacy Policy. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use.

Third Party Sites and Information
Our Site may include access to content, products, or services offered by third parties through hyperlinks, API, or otherwise. We are not responsible for any content or linked sites owned or controlled by a third party. We provide such content and links only as a convenience to you. We have not endorsed, tested or verified any third party information, companies, or products to which it links or otherwise makes available. If you decide to access any third party sites linked to this Site, use such third party’s products or services, or provide any personally identifiable information to a third party, you do so subject to the terms and policies applicable to those third parties and entirely at your own risk.

We do not provide technical service and support for products sold. Requests for technical service and support should be made directly to the manufacturer in accordance with such manufacturer’s terms and conditions.

Territory
We operate this Site from the United States. We make no representation that content and materials on this Site are legal or appropriate for use outside the United States. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.

Disclaimer of Warranties; Limitation of Liability
EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS SITE AND ALL MATERIALS, SERVICES, PRODUCTS AND INFORMATION AVAILABLE ON OR THROUGH THIS SITE, ARE PROVIDED BY US AND OUR SUPPLIERS AND BUSINESS PARTNERS “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

YOU AGREE THAT YOUR USE OF THIS SITE AND OUR PRODUCTS IS AT YOUR SOLE RISK. BY USING THIS SITE OR PURCHASING OUR PRODUCTS, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE US AND OUR THIRD PARTY INFORMATION AND SERVICE PROVIDERS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH WE MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE.

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL WE, OUR AFFILIATES, OUR SUPPLIERS, OUR SERVICE PROVIDERS, AND/OR OUR BUSINESS PARTNERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, THE PRODUCTS PROVIDED HEREUNDER, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. IN ANY EVENT OUR LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT OF FEES YOU PAID TO US FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF OUR CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in these Terms of Use, so the above limitations may not apply to you. To the extent such warranties or liabilities cannot be disclaimed but can be limited under the laws of your state, we limit such warranties and/or liabilities to the maximum extent permitted by applicable law.

Indemnity
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, agents, suppliers, partners, and employees, from and against any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site or our products and services, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

Termination
We may terminate your access to this Site at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability and Waiver
To ensure consistency in the interpretation and enforcement of these Terms of Use and our rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and us related, in any way, to the Site, our products and services, or these Terms of Use, and any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the Circuit Court for Kent County, Michigan or the United States District Court for the Western District of Michigan, Southern Division. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

Our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms of Use.

How to Contact Us
If you have questions about these Terms of Use or our products generally, please contact us as follows:

Feyer Marketing, LLC d/b/a Upfit Supply
P.O. Box 233
Grand Ledge, MI 48837
United States of America
Email: [email protected]
Phone: 517-258-4550