Tinker Built, LLC
All Sites are owned and operated by Tinker Built, LLC, which may be referred to as "Company," "we," "us," "our," or other alternate names. Tinker Built, LLC, includes its members, employees, agents, contractors, representatives, third-party providers, and licensors.
License and Site Use
Our Sites are provided solely for the use of our current and future Users to provide products or services, provide information about our Company, permit you to place orders for or purchase our products or services, allow you to view content, enable you to contact us with any questions or comments, and other uses. You agree to comply at all times with any instructions for use of the Sites. In our sole discretion, we may modify or update the Sites; suspend access to the Sites; close the Sites indefinitely; immediately restrict, suspend, block, withdraw, or terminate any User's access to the Sites; or terminate the license or this Agreement in any way we deem necessary, at any time for any reason, with or without notice, even if these actions impact your use of the Sites. Your rights are limited to those outlined in this Agreement; any other use of our Sites is prohibited. As a User, you are granted a single-use, non-exclusive, non-transferable, revocable limited license to access and use the Sites and Company Content on devices that you own or have permission to use in compliance with these Terms and the conditions stated in the "Your Information" section below. You cannot lease, sub-license, rent, loan, sell, assign, or otherwise transfer the license or this Agreement; and you cannot reproduce, duplicate, copy, distribute, transmit, host, outsource, commercially exploit, or resell the Sites or make the Sites available to a third party in whole or in part. You do not have the right to use, incorporate into other products, share, copy, modify, translate, merge, sell, or transfer to any other document, system, or platform any part of the Company Content. Rather, the Company Content on these Sites is for your use only in compliance with these Terms and cannot be used for any unauthorized or illegal purpose or activity. If you breach these Terms, the Agreement will automatically terminate. If we take action that impacts your use of the Sites, you must not attempt to install, download, access, or use the Sites under any other name or via any other electronic device. To use our Sites, you must obtain necessary equipment and services, such as Internet connectivity or a mobile device. But we are not responsible for obtaining necessary equipment or services or paying any cost associated with the necessary equipment or services.
Unauthorized or Illegal Activities
You cannot use our services, products, or Sites for any activities that are unauthorized, illegal, or interfere or have the potential to interfere with our possessory interest in our Sites, including any use or activity that may be (A) a violation or noncompliance with any laws, statutes, regulations, bylaws, codes, licenses, ordinances, registrations, permits, or authorizations of any applicable jurisdiction; (B) fraudulent, criminal, or unlawful; (C) obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, or untrue according to our subjective definition of these terms; (D) considered impersonation of an individual, company, or body or misrepresentation of a relationship; (E) infringement or breach of copyright, trademark, service mark, patent, trade secret, or any other intellectual property, privacy, or use right of our Company or third party; (F) contrary to our interests; (G) harmful or destructive in nature, such as your use, delivery, or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, flood attacks, time bombs, cancelbots, or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate our Sites or Company Content; (H) breach or attempted breach of security of any computer network, including the Sites themselves; (I) unauthorized relays through any third party systems; (J) interfering with or denying service to any user or any host on the Internet; (K) engaging in unsolicited commercial email or adding or attempting to add addresses to any mailing list (yours or a third party’s); (L) false or inaccurate; or (M) making the Sites or any portion available as part of a co-branded or private label web site, web service, or Internet access service, or as part of a channel through a software or Internet service, or similar arrangements or relationships that offer or provide access to the Sites from or through other web sites, web services, or Internet access services. It's possible that some downloads from the Sites could be subject to government export controls or other restrictions, so if you download anything from or use the Sites, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible, or available for use outside the United States. You are prohibited from using the Sites from territories in which such use or the information available from such use is illegal, restricted, or not permitted. If you choose to access or use the Sites from or in locations outside the United States, you do so on your own initiative and are responsible to both ensure that what you're doing in that country is legal and comply with all applicable laws, statutes, regulations, bylaws, codes, licenses, ordinances, registrations, permits, or authorizations (including any laws that relate to businesses providing services).
We only collect personal information when you choose to provide it. The Sites may offer publicly accessible blogs, comment sections, or other ways for you to submit ideas, photographs, User profiles, writings, music, video, audio, graphics, pictures, data, questions, comments, suggestions, or other content, including personal information (User Content). User Content excludes any information that you disclose publicly, share with others, or otherwise upload, whether through the Sites or otherwise. You should be aware that any User Content you provide may be read, collected, and used by others, so please share information carefully. Our Company and third parties may reproduce, publish, distribute, or use in any way and in any media or form this User Content, whether online or offline. Third parties may have access to this User Content and may have the ability to share it with other third parties across the Internet. We are not responsible for the accuracy, use, or misuse of any Company Content, User Content, or information that you disclose or receive through the Sites. You agree that we may access, preserve, and disclose your account information if required to do so by law or based on a good faith belief that it's reasonably necessary in the sole opinion of the Company to (A) comply with a legal process or request for cooperation by a government entity; (B) enforce the Terms or Agreement; (C) respond to claims that Company Content or our Sites violate the rights of third parties; (D) respond to your requests for customer service; (E) defend our legal rights; (F) protect the safety and security of our Users; (G) protect the safety, rights, property, or security of our Company or any third party; (H) prevent or stop activity that we consider to be illegal, unethical, or legally actionable; or (I) detect, prevent, or address fraud, security, or technical issues. In our sole discretion, we may choose to disclose personal information or User Content to third parties as well as use IP addresses or other device identifiers to identify Users in cooperation with third parties like copyright owners, internet service providers, wireless service providers, law enforcement agencies, or others. To access your personal information or correct or update your personal information, contact us at the email address listed on our website.
Our Company is based in the United States and, regardless of where you use our Sites, the information collected as part of that use will be transferred to, processed, and stored on servers located in the United States in accordance with United States' privacy laws, regulations, and standards that may not be equivalent to the laws in your country of residence or place of business. Our systems and the systems of these and other third parties could be compromised by parties seeking unauthorized access, technological malfunction, or an employee, vendor, or contractor error. The transmission of information via the Internet or mobile data networks may not be secure and could be intercepted by third parties. As a result, any security measures taken may be unsuccessful. Therefore, any information you transmit to us or any third party is at your own risk. We cannot guarantee the security of our databases or servers, nor can we guarantee that information you provide won’t be intercepted while being transmitted to us over the Internet or wireless communication. We aren’t liable or responsible for any security breach, including breach by a third party. We aren't responsible or liable for any loss
or damage arising from or relating to any breach of our or others' security, circumvention of any privacy settings or security measures, or interception of your transmissions. Unless expressly required by law, we don't guarantee the confidentiality or security of any communication, data, or other material transmitted to or from the Sites over the Internet or other communication network.
Opening and Terminating Accounts
To access or use some of the features on the Site, you may be required to first register through our online registration process. The Site’s practices governing any resulting collection and use of your personal information that we collect as part of account registration are disclosed in these Terms and Conditions of Use. If you are under the age of 13, then you are not permitted to register as a User or otherwise use the Site or submit personal information to us. If you register for any feature that requires a password or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that (i) you will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive; we may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for all activities that occur under your account, password, and username, whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password protected portion of the Site using your name, username, or password; (v) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) you will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of these obligations. We may suspend or terminate your account if any information that you provide (or if we have reasonable grounds to suspect that any information that you provide) is false, inaccurate, outdated, incomplete, or violates these Terms, any additional Terms, or any applicable law. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits in our sole discretion, for any reason, and without advance notice or liability. If you would like to close your Site account, please contact us at the email address listed on our website.
Purchases, Billing, and Payment
Terms of payment are within our sole discretion. To purchase any products or services we make available on our Sites, you must be at least 18 years of age or the applicable age of majority in your jurisdiction of residence or, if you are a minor, have a valid debit or credit card where an adult has listed you as an authorized user of their card. Payment must be received before we accept an order; orders are not binding on us until we accept them. Your receipt of an electronic or other form of order confirmation doesn’t signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Do not assume that a cancellation or order change you have placed with our Company has been affected until you receive a confirmation from us via email or the Site. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We accept your order when the products or services ordered are delivered. We reserve the right at any time after receipt of your order to supply less than the quantity you ordered of an item, without prior notice to you. You agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (i) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order), or (ii) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Before purchasing any products or services, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card or otherwise use a valid gift card. By submitting that information to us or our third-party credit card processor, you agree that you authorize us or our processor to charge your card at our convenience but within 30 business days of credit card authorization. We currently do not accept cash or check. For any product or service that you order on the Site, you agree to pay the price listed (including any sales taxes and surcharges) as of the time you submit the order. We will automatically bill your debit or credit card as part of the order process for the listed price. We don’t provide price protection or refunds in the event of a price drop or promotional offering. We reserve the right to refuse and refund any order or part of any order placed on the Sites.
Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You are responsible for paying any unauthorized amounts billed to your credit card by a third party; we have no such responsibility. You agree to pay all fees and charges incurred in connection with your purchases (including any shipping and applicable taxes) at the rates in effect when the charges were incurred. Unless you notify us of any discrepancies within 60 calendar days after they first appear on your bank or credit card statement, you agree that they will be deemed accepted by you for all purposes. If we don’t receive payment from your credit card issuer or its agent, you agree to pay all amounts due if we so demand. Sales taxes, other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products; you are responsible for paying any such taxes or charges imposed on your purchases, such as sales, use, or value-added taxes. We will automatically charge and withhold the applicable tax for orders to be delivered to addresses within any states or localities that we deem are required.
We do our best to describe every item, product, or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Site are complete, accurate, reliable, current, or error-free. In the event of any errors related to the pricing or specifications of any item, product, or service, we have the right to refuse or cancel any orders in our sole discretion. Products and services displayed on the site may not be available at all times and may be substituted or discontinued at any time. We reserve the right at any time to change our prices and billing methods for products or services sold, effective immediately when posted on the Site or by e-mail delivery to you.
Shipping and Taxes
Product is shipped FOB Shipping Point/FOB Origin, meaning you are the buyer and take responsibility for products when they leave our location(s). Separate charges for shipping and handling will be shown on the Sites if possible. You are responsible for all shipping costs, except for shipping errors and defective products under warranty. All shipping charges are nonrefundable and will be deducted from any refund. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location before we accept the order, you are responsible for sales and all other taxes associated with your order. If applicable, a separate charge for taxes will be shown on the Sites. If you’re shipping to a country outside the United States, your order may be subject to import duties and taxes, which are levied once your package reaches your country. For more information regarding customs policies, please contact your country’s local customs office.
Title and Risk of Loss
Title to products passes from us to you on shipment from our location(s). Loss or damage that occurs during shipping is your responsibility.
Returns and Refunds
If you find our product unsatisfactory for any reason, you may return the product within 14 calendar days of the purchase date on the condition that you contact us first and request a return authorization. Once we authorize the return and receive the product, we’ll notify you of receipt and inspect the product. If your return is approved, we’ll either refund the full purchase price or apply a credit toward another product purchase. If you purchased the product with a credit card, we’ll initiate a refund to your card; you’ll receive the credit within 24–48 hours, depending on your card issuer’s policies. You are responsible for the cost of shipping the product to us, and any shipping charges incurred or paid will not be deducted from your total refund.
We may ask for or require your personal information, such as your name and email address. If you download, access, or use our Sites, we may receive and store certain information about you and your devices automatically using automatic data collection technologies, such as embedded scripts, cookies, flash cookies, log files, web beacons, pixels, or dynamic tag management. This information may include the following:
- your IP address and browser information;
- the URL that referred you to our Sites;
- areas that you visit within our Sites; or
- information about the webpages you visit from our Sites or before you came to or after you leave our Sites.
- provide our Sites and their content to you;
- personalize the content and features you see when you visit our Sites;
- improve the content and functionality of our Sites;
- verify that information you submit is accurate and include you in our data analytics;
- provide customer service or contact you when requested;
- send promotions and offers;
- track our Users’ demographics; and
- track the total number of visitors to our Sites and to each page or feature of our Sites.
We are the sole and exclusive owner or licensor of all intellectual property rights in the products, in the Sites, in the creation of the Sites, and in the material published on the Sites, including the "Tinker Built" and “Tink” names, all associated names, logos, taglines, slogans, service marks, trademarks, design marks, word marks, and other identifying marks or words, which are protected by local, state, national, and international laws and treaties. All such rights are reserved. You cannot use or copy any material from the Sites or frame any of the Sites onto your own or another person's Sites. Company Content on all Sites is used by permission; protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights; or copyrighted property of our Company and therefore created solely for our Users. All trademarks or service marks appearing on the Sites are the property of their respective owners, and you gain no rights in trademarks, service marks, or trade names found on the Sites. When using the Sites, you must comply with all copyright laws worldwide and prevent unauthorized copying of all Company Content. We do not grant you any express or implied right in or under our trademarks, service marks, copyrights, or trade secret information. You don't have permission to reproduce, store, transmit, display, copy, photocopy, distribute, download, reduce to any electronic medium or machine-readable form, or print the Sites or Company Content in whole or in part unless prior written permission is given by our Company. If you are granted permission, you must retain all copyright and other proprietary notices on all copies of the Company Content. Unauthorized reproduction in whole or in part is a copyright infringement, which we will actively pursue.
Some of our Sites or Site functionality may be provided, developed, or hosted by third parties. We may give third parties access to User Content or other information collected from the Sites. These third parties may (A) set and access their own cookies, web beacons, or embedded scripts on your devices; (B) collect or receive information you provide, including information about your use of the Sites; your activities over time and across devices or third-party applications; or, address or map information; or (C) collect, use, store, or transmit information according to their own terms and conditions of use, privacy policies, license or other agreements, or business practices that aren’t under our control. We aren’t responsible or liable for the actions of these or any third party that we contract or have a relationship with.
Services and Products
The products or services available on the Sites are intended for your use only. You cannot assign, transfer, re-market, resell, or otherwise dispose of our products or services. We may offer and change password-protected areas, subscriptions, tiered pricing, or tiered services and products at any time without prior notice. We have the exclusive right to define, change, set pricing for, establish rules for, or discontinue any subscription service, tiered pricing, or tiered services and products, regardless of payment received or the impact to Users. We will cancel or modify subscriptions or purchases on the Sites if it appears that they result from fraudulent, inappropriate, or illegal activity. We may revise and discontinue subscriptions, tiered pricing, or basic or tiered services or products at any time, in our sole discretion. Prices and promotions are subject to change without notice. Our products or services may utilize the map services of third parties, but we aren't responsible or liable for the accuracy or functionality of these services.
Linking to the Sites and Hyperlinks
As a convenience, we may provide links to websites operated by other entities (Linked Sites). If you use any Linked Sites, you may leave our Sites. If you decide to visit any Linked Sites or transact business on any Linked Sites, you do so at your own risk, and it is your responsibility to take protective measures to guard against viruses or other destructive elements. Regardless of the linking form, we don't maintain, control, or govern Linked Sites. We don't investigate, verify, monitor, or endorse the Linked Sites' content, accuracy, or opinions. Further, we don't endorse, make any representations about, or warrant any information, products, or services appearing or offered on any Linked Sites, other than linked information authored by our Company. The presence of links doesn't imply that we are legally authorized to use any trademark, service mark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that Linked Sites are authorized to use our trademark, service mark, trade name, logo, or copyright symbol. We may discontinue Linked Sites at any time without prior notice.
Electronic Communication and Signature
You agree to be bound by any affirmation, assent, or agreement you transmit through the Sites, including but not limited to any consent you give for agreement to contract terms; purchase of a service or product; or receiving communications from us solely through electronic transmission. You agree that, if you click on an “I agree,” “I consent,” or other similarly worded button, box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Disclaimer and Warranty
Liability and Indemnification
You agree to protect, indemnify, defend, and hold harmless Tinker Built and any members, partners, directors, officers, agents, contractors, employees, successors, or assigns from and against any damage, loss, cost, claim, injury, or expense of any kind (including reasonable attorneys' fees) arising out of or resulting from your possession or use of the Sites, violations of these Terms or this Agreement, disputes between you and any third parties, Company Content, Information Collected, facts, opinions, third-party communications, or information on the Sites, whether in tort, contract, or other action. In no event will Tinker Built be liable to you or any other person for any indirect, incidental, consequential, special, punitive, or exemplary loss or damage arising from, connected with, or relating to your use of the Sites, Company Content, products, or services or for any problems arising in any personal setting, personal injury or illness, allergic reaction or response to our products, personal decisions, computer failure or malfunction, or negligent act arising out of or in any way related to (A) the Sites, Company Content, or other information on the Sites or any products, services, or information that is offered, sold, or displayed on the Sites; (B) your use of, or inability to use, the Sites generally or in connection with this Agreement; or (C) unauthorized access to or alteration of your transmissions or data regardless of any negligence or other fault or wrongdoing (including gross negligence and fundamental breach) by Tinker Built. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one year after such claim or cause of action arises. We reserve the right to assume the exclusive defense and control of any demand, claim, or action arising hereunder or in connection with the Sites and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement, or compromise negotiations.
Content from Other Parties
Content from other parties may appear on the Sites or be accessible via links from the Sites. We are not responsible and assume no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content that appears on the Sites. We don't endorse information or opinions by other parties, and it doesn't reflect our beliefs or opinions. The views and opinions of other organizations that may be referenced in Company Content or on the Sites are solely those of the organizations and not our Company. We reserve the right to remove any postings that allegedly infringe another person’s copyright.
Changing your information and Cancelling your account
You are responsible for maintaining the accuracy of the information you provide, such as your contact information. If this information changes, you may correct, delete inaccuracies, or amend information by contacting us directly. You may also cancel or modify the communications that you have elected to receive from the Sites. We will retain information you provided for as long as your account is active or we provide services to you via the Sites. Even after your account is terminated, we will retain the information you provided for business reasons, such as to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account, investigate or prevent fraud or other inappropriate or illegal activities, or enforce our terms or this Agreement. After a period of time, we may anonymize and aggregate your data for analytic or other purposes.
You may give notice by sending an email to the email address listed on our website. Your notice is received when your email appears in this inbox.
Neither party may assign rights or delegate duties under this Agreement because the nature of the Agreement is personal and unique. If an assignment or delegation is made, this Agreement will automatically terminate.
We may revise this Agreement or Terms at any time, and you agree to be bound by the revised Agreement or Terms. Any modifications will become effective on the date they are first posted to the Sites. You are responsible to regularly review the Agreement and Terms, and we have no obligation to notify you of revisions.
Entire Agreement, Governing Law and Venue, Severability, No Waiver, Headings
This is the Parties' entire Agreement, which takes the place of all prior written or verbal communication, negotiations, arrangements, and agreements. The Agreement will be governed, construed, and enforced according to the laws of the state of Michigan, without regard to its conflict of laws rules. The exclusive venue for litigation is Kent County, Michigan, and you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan, for any disputes with us arising out of your use of the Sites. Sites and Company Content are directed at individuals who reside in the United States, and we make no claims that the materials are appropriate or available for use outside the United States. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms. This Agreement remains valid even if some of the terms of this Agreement are invalid. Non-enforcement of this Agreement will not be considered a waiver of any part of the Agreement, and no Agreement provision is waived unless the waiver is in writing and signed by the person against whom the waiver is claimed. The section headings contained in this Agreement are for reference purposes only and will not affect the meaning or interpretation of this Agreement.
Tinker Built, LLCTM offers its product with the following terms, conditions, and disclaimers (Terms) that apply to all sales and uses of Tinker Built’s product. Please carefully review this document. Purchasing Tinker Built’s product means you agree to all Terms, which become binding on purchase. Tinker Built reserves the right to change these Terms at any time, in its sole discretion.
Terms. “Tinker Built,” “we,” and “our” means the seller – Tinker Built, LLCTM – and all associated members, employees, contractors, agents, or representatives. “Product” means TinkTM , an exclusive product of Tinker Built, available for purchase through its website or other method.
Exclusive obligation. This Product has been designed specifically for use with a pull-up bar or in training, physical fitness, exercise, athletic activity, or demonstration (Activities). The Product was not designed or manufactured as a product for lethal or unlawful purposes – these uses are expressly prohibited.
Use limitation. You may not change, copy, create derivative works from, display, distribute, license, modify, perform, publish, reengineer, reproduce, sell, transfer, or transmit any information from Tinker Built, its website, or its Product. You are responsible for correct use, application, and any modifications you perform on the Product. We are not responsible and will not be held liable for misuse, incorrect application, or any modifications made to our Product.
Guarantees. We neither give nor imply any guarantees as to the Product’s efficiency, performance, production, or use.
Limited warranty. This Product is warranted against any manufacturing defect for 30 calendar days from the date of purchase on the condition that you notify us in writing, you receive a return authorization via email, you ship the product to us by the identified date, and we approve replacement following inspection. Other than these defects, you agree to be financially responsible for repairs, malfunctions, and damage to the Product, whether used by you or others.
Assumption of risk. By purchasing, using, or allowing others to use Tinker Built’s Product, you accept Tinker Built’s Product in its “AS IS” condition and assume sole risk and responsibility for
(A) proper installation, proper and safe use, safety checks, and ongoing preventative maintenance of the Product; and
In addition, you expressly and voluntarily assume all risks related to participation in Activities and use of the Product, including the risk of death or other personal injury sustained while participating in Activities, whether or not caused by the negligence or other fault of Tinker Built. By purchasing, using, or allowing others to use Tinker Built’s products, you understand and agree to participate in these Activities and use the Product at your own risk. You agree to follow or direct others using the Product to follow all Product instructions and use the Product only as directed. And you agree to give all users the Product instructions and any materials provided or made available to you by Tinker Built re the use or attachment of the Product.
WARRANTIES EXCLUDED. By purchasing our Product, you understand and agree that the Product is sold and purchased AS IS – WHERE IS – WITH ALL FAULTS – WITHOUT WARRANTY OF ANY KIND. We make no express or implied warranties and disclaim all express and implied warranties, including quality, design, performance, specifications, or condition. Whether arising by law, course of dealing, course of performance, usage of trade, or otherwise, we disclaim any (1) implied warranty of merchantability; (2) implied warranty of fitness for a particular purpose; and (3) warranty against infringement of intellectual property rights of a third party. You acknowledge that
(A) warranties are not implied by the sale or purchase of this Product;
(B) you examined the Product as fully as desired or you refused to examine the Product;
(C) you did not rely on Tinker Built or Tinker Built’s skill, judgment, expertise, or occupation to select or furnish suitable Products;
(D) you have not relied on any representation or warranty made by Tinker Built or its members, employees, contractors, agents, representatives, or any other person on Tinker Built’s behalf;
(E) we have no obligation to repair or replace a nonconforming Product; and
(F) we have no obligation to refund or return the Product purchase price for any reason.
Indemnification. You agree to indemnify, hold harmless, and defend Tinker Built and its members, employees, contractors, agents, successors, and assigns from and against all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, finds, costs, or expenses of any kind, including reasonable attorney fees, relating to, arising out of, or resulting from any third-party, member, customer, client, purchaser, or user claim alleging (1) breach of any representation, warranty, or covenant contained in this document; (2) your grossly negligent acts or omissions (including any recklessness, willful misconduct, failure to inform users, failure to make available to users this document, or failure to make available to users the Product instructions and any materials provided or made available to you by Tinker Built re the use or attachment of the Product), or (3) bodily injury, death, or damage to real or personal property caused by the breach of these Terms or your grossly negligent acts or omissions. Tinker Built will not be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever arising out of or connected with the use or misuse of its Product.
Inspect before each use. Before using or allowing others to use this Product for the first time, you must inspect it to ensure it has not been damaged. If damaged, do not use or allow others to use the Product and immediately return it to Tinker Built. Before every use of this Product by you or others, you must inspect it to ensure it has not been damaged. If damaged, do not use or allow others to use the Product.