Acceptance and Scope of the Terms
By accessing or using the website located at americantonneauco.com (the “Website”), you agree to be legally bound by these Terms & Conditions. This agreement is between you (the “Visitor”) and American Tonneau. Your continued use of the Website signifies your acceptance of these terms in full. If you do not agree with any part of this agreement, you must immediately discontinue your use of the Website.
These Terms apply to all visitors, users, and others who access or use the Website. They govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. The terms create a binding legal agreement between you and American Tonneau regarding your use of the site. We may update these terms from time to time, and your continued use constitutes acceptance of any changes.
Website Purpose and Informational Nature
American Tonneau is a premier manufacturer of high-quality, durable, and stylish tonneau covers for pickup trucks. The primary purpose of this Website is to provide comprehensive information about our range of cover products, including American Tonneau Roll-Up Covers, Retractable Covers, Folding Covers, and Toolbox Covers. The Website serves as a detailed resource for pickup truck owners across America who are looking to protect their cargo and enhance the appearance and utility of their vehicles.
It is crucial to understand that this Website is for informational purposes only. It is designed to showcase our products, explain their features and benefits, and provide general guidance on selecting the right cover for various truck models from brands like Ford, Chevy, GMC, Ram, Toyota, and Nissan. The Website does not constitute an offer to sell or a solicitation of an offer to buy any products directly. All product information, specifications, and imagery are presented to help you make informed decisions when purchasing through authorized retail channels.
Visitor Eligibility and Responsibility
By using this Website, you represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction if that is greater than eighteen. You also represent that you have the legal capacity and authority to enter into these Terms. You are solely responsible for ensuring that your use of the Website complies with all applicable local, state, national, and international laws and regulations.
Your responsibility extends to the accuracy of any information you may provide if you engage with features that allow for user interaction. You agree not to use the Website for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Website. You must not attempt to gain unauthorized access to any part of the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means.
Permitted Use
American Tonneau grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial informational purposes. This license is expressly conditioned upon your compliance with these Terms. You may view, download, and print a single copy of the materials from the Website solely for your personal, non-commercial use, provided you keep all copyright and other proprietary notices intact.
This permitted use allows you to research our tonneau cover solutions, compare product types like roll-up versus folding covers, and gather information about compatibility with your specific pickup truck model. You may share links to the Website pages with others for informational purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Website is strictly prohibited without the prior written consent of American Tonneau.
Prohibited Conduct
When using the Website, you agree not to engage in any conduct that is harmful, fraudulent, or violates the rights of others. Specifically, you shall not: use any automated system, including robots, spiders, scrapers, or offline readers, to access the Website for any purpose without our express written permission; harvest or collect email addresses or other contact information from the Website for the purpose of sending unsolicited communications; circumvent, disable, or otherwise interfere with security-related features of the Website; or use the Website to transmit any worms, viruses, Trojan horses, or other code of a destructive nature.
Furthermore, you must not misrepresent your identity or affiliation with any person or entity. You agree not to use the Website to advertise or offer to sell goods or services without our express consent. Any attempt to interfere with the proper working of the Website, including an attack on its infrastructure, is considered a material breach of these Terms and may be referred to appropriate law enforcement authorities.
Accounts or Submissions
The Website is primarily an informational platform and does not currently offer user account creation or product purchasing capabilities directly. Our focus is on providing detailed product information to help you make an informed purchase decision at an authorized retailer. Should we introduce features that allow for user accounts or product submissions in the future, those features will be governed by additional terms that will be presented at the time of use.
Any current functionality that allows you to submit information, such as through a contact form, is intended solely for inquiries related to our products and services. By submitting any information through such forms, you represent that the information is accurate and that you have the right to provide it. You grant American Tonneau the right to use the submitted information to respond to your inquiry and for internal record-keeping purposes.
Product Information, Availability, and Accuracy Limitations
We strive to provide accurate and up-to-date information about our tonneau covers, including specifications, features, and compatibility. However, the product information presented on this Website, including descriptions, images, and specifications, is subject to change without notice. While we make every effort to ensure the accuracy of our content, occasional errors may occur in typographical details, pricing, or product specifications.
The availability of specific cover models and their fitment for certain truck models may vary. The Website does not represent or warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. We recommend that you verify all product details, including exact fitment for your truck year, make, and model, directly with the retailer or distributor before making a purchase. American Tonneau is not responsible for any discrepancies between the information on the Website and the actual product received from a retailer.
Third-Party Retailers, Product Links, and External Services
This Website may contain links to third-party retailer websites, service providers, or other external resources. These links are provided for your convenience and informational purposes only. American Tonneau does not control and is not responsible for the content, privacy policies, or practices of any third-party sites or services. The inclusion of any link does not imply our endorsement, recommendation, or affiliation with the linked site.
When you click on a link to a third-party retailer, you leave our Website and enter a site operated by another entity. You should review the terms and conditions and privacy policies of all third-party sites you visit. American Tonneau has no liability for any loss or damage that may arise from your use of or reliance on any content, goods, or services available on or through any third-party websites or services linked from our Website.
Intellectual Property Ownership and Limited Permission to Use the Site
All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, is the property of American Tonneau or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The American Tonneau name, logo, and all related product and service names, design marks, and slogans are trademarks of American Tonneau.
You are granted a limited permission to use the Website and its content solely as described in the Permitted Use section above. This means you may view the content for personal information. You may not use any content from the Website for commercial purposes, such as on another website or in any other medium, without obtaining a license to do so from American Tonneau. Any unauthorized use of our intellectual property may violate copyright laws, trademark laws, privacy and publicity laws, and various statutes and regulations.
User Feedback or Submissions
If you choose to provide feedback, suggestions, ideas, or other submissions to American Tonneau through any channel, you acknowledge that such submissions are not confidential. By submitting any feedback or ideas, you grant American Tonneau an unrestricted, irrevocable, perpetual, worldwide, and royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such submissions in any form, media, or technology now known or later developed.
You agree that you will not submit any information or materials that are protected by copyright, trade secret, or any other proprietary rights, unless you own or control all such rights. We are under no obligation to respond to any feedback you provide. Any feedback you provide may be used by American Tonneau for any purpose, including developing new products, improving the Website, and marketing our range of tonneau covers, without compensation to you.
Disclaimers
The Website and all content, materials, and information provided on or through the Website are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. American Tonneau disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. The content is provided for general information only and should not be relied upon for any purpose. American Tonneau makes no representations or warranties about the accuracy, completeness, reliability, or suitability of the information, products, services, or related graphics contained on the Website for any purpose. Your use of the Website and reliance on any information is solely at your own risk.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall American Tonneau, its affiliates, directors, officers, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; or (iv) unauthorized access, use, or alteration of your transmissions or content.
In no event shall our aggregate liability exceed the amount you paid American Tonneau, if any, in the past six months for the services giving rise to the claim, or one hundred U.S. dollars ($100). The limitations of liability apply even if the remedy provided herein fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
Indemnity
Where legally permitted, you agree to defend, indemnify, and hold harmless American Tonneau, its officers, directors, employees, contractors, agents, licensors, and suppliers 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 Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms.
This indemnification obligation will survive the termination of these Terms and your use of the Website. American Tonneau reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of American Tonneau.
Suspension and Termination
American Tonneau reserves the right to suspend or terminate your access to all or any part of the Website at any time, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party, or us. This includes conduct that we believe violates these Terms.
Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. American Tonneau shall not be liable to you or any third party for any suspension or termination of your access to the Website.
Changes to the Website or Terms
American Tonneau reserves the right, at its sole discretion, to modify, suspend, or discontinue the Website (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website. This includes the right to modify product information, features, or any aspect of the user experience without prior notice.
We also reserve the right to update or modify these Terms at any time. If we make material changes, we will make reasonable efforts to notify you by posting a prominent notice on the Website or by sending you an email notification if you have provided one. However, it is your responsibility to review these Terms periodically. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.
Governing Law
These Terms and any action related thereto will be governed by and construed in accordance with the laws of the state in which American Tonneau is established, without regard to its conflict of laws provisions. Any legal proceeding arising out of or relating to these Terms or the Website must be brought exclusively in the state or federal courts located in that jurisdiction.
You consent to the personal jurisdiction of and exclusive venue in such courts. This choice of law provision applies regardless of your location or where you access the Website from. If you are located outside the United States, you are responsible for compliance with local laws if and to the extent that local laws are applicable.
Severability, Waiver, and Entire Agreement
If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or a waiver of any other term. American Tonneau’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, together with the Privacy Policy and any other legal notices published by American Tonneau on the Website, constitute the entire agreement between you and American Tonneau regarding the use of the Website.
How to Raise a Terms Enquiry
If you have any questions, concerns, or comments about these Terms & Conditions, please direct them to American Tonneau through the official channels provided on the Website. While specific contact details are not provided here, you will find the most current method for reaching our customer support team on the Website’s contact or support page.
We are committed to addressing any legitimate inquiries regarding the interpretation or application of these terms. When submitting your enquiry, please provide as much detail as possible, including the specific section of the terms your question pertains to. This will allow us to respond to your inquiry accurately and efficiently. Please understand that response times may vary based on the nature and volume of inquiries received.
