TERMS & CONDITIONS
Agreement to Terms
This website and its services are provided by Tarp Supply Inc.® (hereinafter referred to as ‘we’, ‘us’, or ‘our’). We are subject to the following Terms and Conditions and it will govern the use of all pages on this website and any services provided by or on this website. Furthermore, by accessing and using this website, you (the user) accept and agree to be bound by the terms and conditions and provisions of this agreement. These terms and services apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT, OUR RETURN POLICY, AND OUR SHIPPING PROVIDER'S POLICY. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Definitions
The parties referred to in this Agreement shall be defined as follows:
The company, Us, We: Tarp Supply Inc.®, The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Tarp Supply Inc.®, Company, Us, We, Our, Ours, and the other first-person pronouns will refer to Tarp Supply Inc.® as well as all the employees and affiliates of the Company. You, the User: You, as the user of the website, will be referred to throughout the Agreement with second-person such as You, Your, Yours, or as User or Client. The Site, the Website: The website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto The Content: All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site. The Marks: The trademarks, service marks, and logos contained therein Privacy
License to Use Website
We grant you a limited license to access and use the Site and do not download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the site, the Content, and the Marks. Unless otherwise stated, Tarp Supply Inc.® and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You must not access or use the Site for any purpose other than that for which we make the Site available nor can you use the Site in connection with any commercial endeavors except those that are endorsed or approved by us. As a user of the Site, you must agree not to:
- Republish material from this Site, including republication on another website
- Sell, rent, sublease or sublicense material from the website
- Reproduce, duplicate, redistribute, copy, or otherwise exploit material on this website for a commercial purpose
- Edit or otherwise modify any material on the website
- Use this Website in any way that is, or maybe, damaging to this Website
- Use this Website in any way that impacts user access to this Website
- Use the Site in a manner inconsistent to any applicable laws and regulations, or in any way that causes or may cause, harm, disparage, or tarnish the Website, or to any person or business entity
- Use the Site as a part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise
- Engaging in any data mining, data harvesting, data extracting, or any similar activity in relation to this Website, or while using this Website Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you
- Upload or transmit or attempt to upload or transmit viruses, Trojan horses, any code of a destructive nature, or other material that may interfere with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Make improper use of our support services or submit false reports of abuse or misconduct
Limitations of Liability
The Company is not liable for any damages that may occur to you as a result of your use of the Website or its services to the fullest extent permitted by law. This section applies to any and all claims by you, including, but limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any sort.
By using this website, you agree that the limitations of liability set in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Furthermore, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, concerns, claims, or questions regarding third-party products should be directed to the third-party.
You accept that as a limited entity, Tarp Supply Inc.® has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Tarp Supply Inc.® officers or employees in respect of any losses you suffer in connection with the website.
If any provision of this website disclaimer is or is found to be unenforceable under applicable law that will not affect the enforceability of the other provisions of this website disclaimer.
Breaches of these terms and conditions
If you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with this breach, which includes suspension of your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, that part will be deemed to be deleted and the remainder of this Agreement shall continue in full force.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These terms, including any legal notices and disclaimers contained on this Site, constitute between you and Tarp Supply Inc.® with respect to any and all use of this Website. Furthermore, this agreement supersedes and replaces all prior agreements or understandings, written or oral, regarding the use of this Website.
Law and Jurisdiction
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 266 Eisenhower Lane North, Lombard, IL, 60148, United States. Through your use of the Website or services, you agree that the laws of the State of Illinois shall govern any matter or dispute relating to or arising out of this agreement as well as any dispute of any kind that may arise between you and the company with the exception of its conflict of law provisions. In case any litigation specifically permitted under the agreement is initiated, the parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: DuPage County, Illinois. The parties agree that this choice of law, venue, and jurisdiction is mandatory. You then hereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenient or similar doctrine.
Risk of loss
All purchased items from our Site are in accordance to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.
Tarp Supply Inc.® always try to display our products with the most accurate information on our website. The product description and images we use are provided by our raw material providers. We cannot guarantee that the product descriptions or any other content of this site is error-free. If we offer a product that is not as described or presented, your only solution is to return the item in unused condition, following our return policy on our website. We cannot guarantee the product images or image colors to be 100% accurate. You must account for the varieties of monitor screens and settings in which the color of the material is displayed. Therefore, qualities such as brightness, tone, and exact color cannot be considered a product defect and we cannot accept a return based on this reasoning.
In the tarp industry, it is custom to list products as cut size, not as finished size. Our products descriptions explain this difference, and we make sure to inform as many customers we can of this difference. We offer finished size tarps as a custom option, but not for all products. In the case that you purchase a cut size tarp, and you wanted a finished size tarp, we are not liable to provide you a finished size as a replacement. The process for this would require you to return and reorder a custom, finished size product at your own cost.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952 – 5210 or (916) 445 – 1254.
Disclaimer of Warranties
This Site is provided on an As-Is and As-Available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, this Site is provided “as is” with all faults, and Tarp Supply Inc. makes no express or implied representations or warranties of merchantability, fitness for a particular purpose, and non-infringement, or any kind related to this Website or the materials contained on this Website. We make no warranties or representations about the accuracy or completeness of the entire site’s content or the content of any websites linked to the Site. Additionally, we will assume no liability or responsibility for any personal injury or property damage, or any nature whatsoever, resulting from your access to and use of the Site, any interruption or cessation of transmission to or from the Website, and any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
In order to resolve a complaint regarding the Site or to receive questions about the Terms of Service or Conditions of Use or just for further information regarding the use of the Site, please contact us at:
Tarp Supply Inc.®
266 Eisenhower Lane North
Lombard, IL 60148
United States of America