OVERVIEW

Welcome to Tow Forge! The terms “we”, “us” and “our” refer to Tow Forge. Tow Forge operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Tow Forge is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. Furthermore, Tow Forge is not liable for issues arising from the improper selection, sizing, or installation of heavy-duty towing and suspension components.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Tow Forge reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Tow Forge confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Tow Forge may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our documented Return and Refund Policy. Eligible products may be returned within 90 days of delivery in accordance with our Return & Refund Policy.

Heavy-duty trailer, axle, suspension, and towing components must be properly installed and used within manufacturer-rated specifications. Tow Forge is not responsible for damages, injuries, or failures caused by improper installation, overloading, misuse, or unauthorized modifications.

You represent and warrant that your purchases are for your own personal or commercial use and not for unauthorized export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions 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 set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes. Standard shipping within the United States is provided free of charge.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services 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.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:
(i) the credit card information you provide is true, correct, and complete,
(ii) you are duly authorized to use such credit card for the 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 and all applicable taxes, if any. Standard shipping charges within the United States are included at no additional cost.

SECTION 5 – SHIPPING AND DELIVERY

Tow Forge ships to all 50 United States, including Alaska and Hawaii. We currently do not ship internationally or to APO/FPO addresses.

All orders include free standard shipping unless otherwise stated on the product page.

All delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, freight networks, weather conditions, natural disasters, customs processing, or events outside our reasonable control.

Oversized or freight shipments may require additional handling time and delivery scheduling.

Risk of loss and title for products pass to you upon delivery to the shipping carrier.

Customers are responsible for inspecting freight shipments upon delivery and reporting any visible damage before signing the delivery receipt.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Tow Forge, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Tow Forge, Shopify or any third party.

Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Tow Forge.

Tow Forge’s names, logos, product and service names, designs, and slogans are trademarks of Tow Forge or its affiliates or licensors. You must not use such trademarks without the prior written permission of Tow Forge.

Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH WOOCOMMERCE

Tow Forge operates its online store using WooCommerce, a WordPress eCommerce platform that helps us provide our Services to you. However, all sales, transactions, and purchases made through our Store are conducted directly with Tow Forge.

By using the Services, you acknowledge and agree that WooCommerce and WordPress are not responsible for any aspect of any sales between you and Tow Forge, including any injury, damage, loss, dispute, or issue resulting from purchased products or services.

You hereby expressly release WooCommerce, WordPress, and their affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Tow Forge.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.

Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You also represent and warrant that:
(i) you own or have all necessary rights to all Feedback;
(ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and
(iii) your Feedback will comply with these Terms.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable.

You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping information, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services:

  • For any unlawful purpose
  • To violate laws or regulations
  • To infringe intellectual property rights
  • To upload malicious code or viruses
  • To spam, scrape, phish, or collect personal information
  • To interfere with security features
  • To impersonate another person or entity

We reserve the right to suspend or terminate access to the Services if these Terms are violated.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services at any time without notice if we believe you have violated these Terms.

You remain liable for all amounts due up to and including the date of termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes.

EXCEPT AS EXPRESSLY PROVIDED IN OUR LIMITED WARRANTY POLICY, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Some jurisdictions do not allow limitations on implied warranties, so certain limitations may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, Tow Forge, ITS AFFILIATES, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS INCLUDES, WITHOUT LIMITATION:

  • LOST PROFITS
  • LOST REVENUE
  • VEHICLE DAMAGE
  • TRAILER DAMAGE
  • CARGO LOSS
  • PERSONAL INJURY
  • DATA LOSS

Tow Forge is not liable for damages caused by improper installation, misuse, overloading, neglect, unauthorized modifications, or failure to follow manufacturer guidelines.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tow Forge, WooCommerce, WordPress, and our affiliates, employees, agents, contractors, licensors, and service providers from any claims, damages, liabilities, costs, or expenses arising from:

  • Your violation of these Terms
  • Your misuse of the Services
  • Your violation of any law or third-party rights

SECTION 18 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

These Terms of Service and any policies posted by Tow Forge constitute the entire agreement between you and Tow Forge regarding the Services.

Any failure by us to enforce any provision shall not constitute a waiver of that provision.

SECTION 20 – ASSIGNMENT

You may not assign or transfer your rights under these Terms without our prior written consent.

We may assign or transfer these Terms without restriction.

SECTION 21 – GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict of law principles.

Any disputes arising under these Terms shall be resolved in the courts located in Utah.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and shall not affect the interpretation of these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

We reserve the right to update, modify, or replace any part of these Terms of Service at any time by posting updates to our website.

Your continued use of the Services following any changes constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to:

Tow Forge
685 W Center St
Provo, UT 84601

Email: sales@towforged.com
Phone: +1 (385) 417-1607