TERMS OF SERVICE
By visiting this site and/or purchasing something from us, you and agree to be bound by the following terms and conditions including additional Terms, Conditions, Policies, Notices, and Instructions referenced here and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.
Please review these Terms of Service carefully before accessing or using the WinchBarFootBox website. These Terms of Service constitute an offer and your acceptance is expressly subject to these Terms of Service. By accessing or using any part of the website you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. You must indicate your acceptance by checking the box below before proceeding.
In order to access some features of the WinchBarFootBox Site, you may be required to register and to select a password and user name (“User ID”). If you register, you agree to provide WinchBarFootBox with accurate and complete registration information, and to inform WinchBarFootBox immediately of any updates or other changes to such information. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms and Conditions, which may result in immediate termination of your account. WinchBarFootBox reserves the discretionary right to refuse registration of or cancel a User ID. You are responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password.
Any User ID and password for your access to the WinchBarFootBox Site shall be for your use only. You agree to (a) immediately notify WinchBarFootBox of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session. You also agree not to create user accounts by automated means or under false or fraudulent pretenses.
These Terms and Conditions constitute the entire agreement among you, WinchBarFootBox, and All Star Fabricating, Inc. regarding use of the WinchBarFootBox or the WinchBarFootBox website. Any failure by WinchbarFootBox to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of the enforcement of such right or provision. These Terms and Conditions cannot be assigned, transferred, or sub-licensed by you, except with the prior written consent of WinchBarFootBox and All Star Fabricating, Inc.
WinchBarFootBox reserves the right to update; change or replace any part of these Terms of Service by posting any updates or changes to our website. Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
You can view the most current version of the terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
Please contact WinchBarFootBox with any questions regarding these Terms and Conditions. Please report any violations of the Terms and Conditions to [email protected]
Your personal information is not used in any way other than a record of sales. No information will be shared with or sold to any other company or website for any reason.
ORDER CANCELLATION POLICY
Any full or partial cancellation request will only be processed if the order has not already shipped. Submit any requests for full or partial order cancellation to [email protected] If the order has already been shipped, then proceed under the return policy.
In the event of a pricing error on the WinchBarFootBox site, WinchBarFootBox reserves the right to cancel any orders resulting from such pricing errors.
FOOTBOX RETURN POLICY –
Winchbars are not returnable or refundable.
All returns must be shipped within ten ( 10 ) calendar days of receipt of the product. To be eligible for a refund the footbox must be returned in the same condition in which it was received and in the original packaging to All Star Fabricating, Inc., 1583 N. Main St. Washington, PA 15301, with all customer information. Use a prepaid shipping label with a tracking number.
Once your return is received and inspected, you will receive an email to notify you that your returned footbox has been received. Your refund – minus the original shipping and handling costs — will be processed and a credit will automatically be applied to your credit card or original method of payment within ten (10) business days. Please understand that it may take as much as six weeks for your bank or credit card to process the credit. If you have tracked your return shipment and your refund has not been posted to the original method of payment within sixty (60) business days, please contact [email protected]
If you are alleging a defect in materials and/ or workmanship as the reason for your return, at the discretion of WinchBarFootBox, you will receive a new or repaired footbox at no cost to you and reimbursement for your return shipping. There will be no refund.
TERMS REGARDING PRODUCT LIABIITY AND DISCLAIMER
The WinchBarFootBox is sold “as-is” and THERE IS NO WARRANTY of safety, reliability, durability, or performance of the WinchBarFootBox, including the associated winch bar. Furthermore, in no event shall WinchBarFootBox, All Star Fabricating, Inc., or their affiliates, or the shareholders, directors, officers, members, managers, employees, agents or representatives of any of the foregoing, be liable to you or any third party for damages of any kind (including, but not limited to, any direct, indirect, special, punitive, incidental, or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data) arising out of the use of, access to, reliance on, unavailability of, inability to use or improper use of the WinchBarFootBox.
You expressly agree that your use of the WinchBarFootBox is entirely at your own risk.
TERMS REGARDINGS DISPUTES AND INTERPRETATION
By visiting the WinchBarFootBox site, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise. Any dispute of any sort that might arise shall be resolved by submission of the dispute to a single arbitrator for arbitration pursuant to the general rules of the American Arbitration Association.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.
NOTICE: PRE-OPERATION INSPECTION IS REQUIRED
1. Check winch and winch bar for defects and proper operation prior to tensioning or releasing tie-downs. Do not use if any component is or appears to be damaged.
2. Do not alter or increase the length of the winch bar.
3. Confirm latch and sprocket are in proper working order and proper engagement position.
4. Make sure tie-down is properly anchored before tensioning.
It is important that you read, understand and comply with the following Instructions and Notices. Failure to do so could lead to serious injury and/or death.
The winch bar is designed to be used only in a position angled downward from the pivot point. Use of the winch bar in any other position could cause the bar to roll.
Refer to local, state, and federal regulation for applicable loading and transportation procedures and requirements.
1. Make sure winch strap is properly anchored.
2. Take up the slack in the winch strap by hand, making sure that the latch and sprocket are working properly.
3. Rotate winch cap to take up tie-down slack.
4. Always use the WinchBarFootBox with your body facing the winch.
5. Insert tapered bar end through both winch cap holes.
6. Make sure that the latch is fully engaged in winch sprocket teeth before removing foot from the WinchBarFootBox or releasing the winch bar.
1. Make sure the load is stable and has not shifted during transport.
2. Always use the WinchBarFootBox with your body facing the winch.
3. Insert tapered bar end through both winch cap holes.
4. Tension the winch bar to allow latch to release from the sprocket.
5. Never remove foot from WinchBarFootBox without having one hand on the winch bar.
6. Store winch bar when not in use.
TERMS REGARDING RESTRICTION ON USE OF WEBSITE CONTENT
You agree that you will not act or allow any other individual or entity to act so as to (1) download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the WinchBarFootBox site, except and to the extent expressly permitted under these Terms and Conditions; (2) remove any copyright, trademark, patent, or other proprietary rights notice contained in or on the WinchBarFootBox site; (3) reformat or frame any portion of any Web pages that are part of the WinchBarFootBox site; (4) transmit or upload to the WinchBarFootBox site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the site, any other website, or any computer or other device or system, or the use of the site by any User; (5) use the WinchBarFootBox site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes); (6) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the WinchBarFootBox site or the IT infrastructure used to operate and make the WinchBarFoot Box site available; (7) use the WinchBarFoot Box site intentionally or unintentionally, to violate any applicable local, state, federal or international law; or (8) collect or store personal data about other Users in connection with the prohibited activities described in this paragraph
TERMS REGARDING OWNERSHIP
Nothing in these Terms and Conditions shall be deemed to grant to you or any other user any license or other right in or to any patent, copyright, trademark, or other proprietary right.
The WinchBarFootBox site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the WinchBarFootBox site, including all copyrights, trademarks, patents, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms and Conditions shall be deemed to grant to you or any other user any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the site are the proprietary property of WinchBarFootBox or its licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the WinchBarFootBox site without the express written permission of the trademark owner.
TERMS REGARDING SITE LIABIITY AND DISCLAIMER
In no event shall WinchBarFootBox, All Star Fabricating, Inc., or their affiliates, or the shareholders, directors, officers, members, managers, employees, agents or representatives of any of the foregoing, be liable to you or any third party for damages of any kind (including, but not limited to, any direct, indirect, special, punitive, incidental, or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data) arising out of the use of, access to, reliance on, unavailability of, inability to use or improper use of the WinchBarFootBox site, including but not limited to any user content, advice, services, products, and other information and materials contained in or described on the WinchBarFootBox site, or the disclosure or misuse of any user’s personal information, even if they have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise. In any event, the total maximum liability of WinchBarFootBox, including but not limited to the user content, reviews, advice, services, products, and other information and materials contained in or described on the WinchBarFootBox site, in any manner whatsoever, shall be limited to one hundred United States Dollars ($100.00). This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy provided herein.
You agree to indemnify and hold WinchBarFootBox, All Star Fabricating, Inc. and their respective licensors, directors, officers, managers, employees, agents, and representatives harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the site, (ii) your use of the site, (iii) your violation of these Terms and Conditions, (iv) any use of your User ID or password by you or any third party, or (v) the infringement or other violation by you or any third party using your account or User ID or password of any intellectual property or other right of any person or entity.
You expressly agree that your use of the WinchBarFootBox site, and of any user content, information, advice, services, products, and other materials contained in or described on the WinchBarFootBox site, is entirely at your own risk, and that all such information and materials are provided on an “as is” and “as available” basis. To the full extent permissible by applicable law, WinchBarFootBox makes no, and hereby disclaim all, representations or warranties of any kind, express or implied, as to the availability, operation and/or use of the WinchBarFootBox site, including but not limited to any user content provided via the WinchBarFootBox site, and all other content, services, products, and other information and materials contained in or described on the WinchBarFootBox site, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, and implied warranties arising from course of dealing or course of performance. In addition, WinchBarFootBox does not represent or warrant that the information and content accessible via the WinchBarFootBox site is accurate, complete or current, and WinchBarFootBox is not responsible for any errors or omissions therein or for any adverse consequences resulting from use of, inability to use, or reliance on any aspect of the WinchBarFootBox site, including but not limited to user content and all other content, services, products, and other information and materials contained in or described on the WinchBarFootBox site. Further, WinchBarFootBox makes no representations and warranties that the WinchBarFootBox site will be uninterrupted, secure, or free of errors, viruses, or other harmful components. No advice or information, whether oral or written, obtained by any user from the WinchBarFootBox site shall create any warranty not expressly stated herein.
For Init. I have reviewed the Terms of Service and agreed to be bound by them.