Terms of Use for ToughGuardGear

Welcome to toughguardgear.com (the “Site”). This Site is operated by ToughGuardGear. By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you must not use or access this Site.

Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for you; logging onto a server or account which you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network; or interfering with service to any user, host, or network. Any unauthorized use of the Site terminates the permission or license granted by ToughGuardGear.

Intellectual Property Rights

All content on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ToughGuardGear, its affiliates, or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The compilation of all content on this Site is the exclusive property of ToughGuardGear. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, or in any way exploit any of the content, in whole or in part. The “ToughGuardGear” name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ToughGuardGear or its affiliates. You must not use such marks without the prior written permission of ToughGuardGear.

Product Information and Pricing

ToughGuardGear attempts to be as accurate as possible in describing its products. However, ToughGuardGear does not warrant that product descriptions or other content on this Site are accurate, complete, reliable, current, or error-free. If a product offered by ToughGuardGear itself is not as described, your sole remedy is to return it in unused condition as outlined in our separate Return Policy. All prices for products are subject to change without notice. ToughGuardGear reserves the right to modify or discontinue any product without notice at any time. ToughGuardGear shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any product.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TOUGHGUARDGEAR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TOUGHGUARDGEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOUGHGUARDGEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOUGHGUARDGEAR DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR EMAIL SENT FROM TOUGHGUARDGEAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOUGHGUARDGEAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Indemnification

You agree to defend, indemnify, and hold harmless ToughGuardGear, 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 or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.

Governing Law and Jurisdiction

These Terms and your use of the Site are governed by and construed in accordance with the laws of the United States and the State of Michigan, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Michigan and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

Changes to Terms

ToughGuardGear reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time without prior notice. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Severability

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Contact Information

For any questions regarding these Terms of Use, please contact us through the customer support chat function available on toughguardgear.com.