Terms and Conditions

Agreement between User and www.tgogear.com

Welcome to www.tgogear.com. The www.tgogear.com website (the "Site") is comprised of various web pages operated by TGO Gear America Inc ("TGO Gear"). www.tgogear.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.tgogear.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.tgogear.com is an E-Commerce Site.

TGO Gear has built a solid reputation as the premium manufacturer of high rain guards (window deflectors), quality rear spoilers, and stylish truck cab sun visors. On top of designing new products, we’re energizing our presence and augmenting our already significant presence on platforms like Amazon, Walmart, and Ebay, where there has been a 30-year-old community of TGO Gear enthusiasts continuing to enjoy quality TGO Gear products. We look forward to serving you and your customers with the best service and products that you’ve come to appreciate.

Electronic Communications

Visiting www.tgogear.com or sending emails to TGO Gear constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

TGO Gear does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.tgogear.com only with permission of a parent or guardian.

Cancellation/Refund Policy

RETURN & REFUND POLICY

Last updated February 16, 2023

Thank you for your purchase. We hope you are happy with your purchase. However, if you not completely satisfied with your purchase for any reason, you may return it to us for a full refund or an exchange. Please see below for information on our return policy.

RETURNS

All returns must be postmarked within thirty (30) days of the purchase date. All returned items must be in new and unused condition, with all original tags and labels attached.

RETURN PROCESS

To return an item, please email customer service at tgogear@gmail.com to obtain a Return Merchandise Authorization (RMA) number. After receiving a RMA number, place the item securely in its original packaging, and mail your return to the following address:

The Great Outdoor Gears

Attn: Returns

RMA:

4336 Bailey Ave,

Buffalo, NY 14226

United States

Please note, return shipping charges will be paid or reimbursed by us.

REFUNDS

After receiving your return and inspecting the condition of your item, we will process your return or exchange. Please allow at least five (5) business days from the receipt of your item to process your return or exchange. We will notify you by email when your return has been processed.

EXCEPTIONS

For defective or damaged products, please contact us at the contact details below to arrange a refund or exchange.

IMPORTANT

Sale items are FINAL SALE and cannot be returned.

You can return our product within 30 days after the order is delivered.

We pay the return shipping for the following reasons only -

Received incorrect item

Doesn’t fit

Arrived damaged

Not as described

The customers provide return shipping -

Changed mind

Ordered by mistake

No longer needed

Please contact us to place a return request.

We send you a Return Authorization with an RMA#.

Please return the item in NEW condition in its original packaging.

Use a cushion to secure both ends to prevent damage.

Stick the return shipping label on top of the original shipping label to avoid any confusion.

QUESTIONS

If you have any quest

Links to Third Party Sites/Third Party Services

www.tgogear.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TGO Gear, and TGO Gear is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TGO Gear is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TGO Gear of the site or any association with its operators.

Certain services made available via www.tgogear.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.tgogear.com domain, you hereby acknowledge and consent that TGO Gear may share such information and data with any third party with whom TGO Gear has a contractual relationship to provide the requested product, service or functionality on behalf of www.tgogear.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.tgogear.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to TGO Gear that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TGO Gear or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TGO Gear content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TGO Gear and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TGO Gear or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

TGO Gear has no obligation to monitor the Communication Services. However, TGO Gear reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TGO Gear reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

TGO Gear reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TGO Gear's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TGO Gear does not control or endorse the content, messages or information found in any Communication Service, and, therefore, TGO Gear specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TGO Gear spokespersons, and their views do not necessarily reflect those of TGO Gear.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.tgogear.com or Posted on Any TGO Gear Web Page

TGO Gear does not claim ownership of the materials you provide to www.tgogear.com (including feedback and suggestions) or post, upload, input, or submit to any TGO Gear Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting TGO Gear, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission as provided herein. TGO Gear is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at TGO Gear's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third-Party Accounts

You will be able to connect your TGO Gear account to third-party accounts. By connecting your TGO Gear account to your third-party account, you acknowledge and agree to continuously release information about you to others (per your privacy settings on those third-party sites). Do not use this feature if you do not want information about yourself to be shared this way.

International Users

The Service is controlled, operated, and administered by TGO Gear from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TGO Gear Content accessed through www.tgogear.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless TGO Gear, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TGO Gear reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with TGO Gear in asserting any available defenses.

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims resulting from these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will occur individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TGO Gear agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TGO Gear AMERICA INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TGO Gear AMERICA INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TGO Gear AMERICA INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TGO Gear AMERICA INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TGO Gear AMERICA INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

TGO Gear reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York. You hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TGO Gear due to this agreement or use of the Site. TGO Gear's performance of this agreement is subject to existing laws and legal processes. Nothing contained in this agreement is in derogation of TGO Gear's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TGO Gear with respect to such use. Suppose any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above. In that case, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TGO Gear concerning the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TGO Gear with respect to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

TGO Gear reserves the right, in its sole discretion, to change the Terms under which www.tgogear.com is offered. The most current version of the Terms will supersede all previous versions. TGO Gear encourages you to review the Terms periodically to stay informed of our updates.

Contact Us

TGO Gear welcomes your questions or comments regarding the Terms:

The Great Outdoors Gear

4336 Bailey Ave

Buffalo, New York 14226

Email Address:

info@tgogear.com

Telephone number:

716-871-0262

Effective as of March 08, 2023