PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND USING THIS SITE AND ANY SITES, PAGES OR TOOLS LINKED TO THESE TERMS AND CONDITIONS, YOU AGREE TO THESE TERMS AND CONDTIONS.
If you do not agree to these terms and conditions, please do not use this site or any sites, pages or tools linked to this site. We reserve the right to make changes to these Terms and Conditions at any time, and such changes will be effective immediately upon being posted on the site. Each time you use the site, you should review the current Terms and Conditions. Your continued use of the site will indicate your acceptance of the current Terms and Conditions; however, any material change to these Terms and Conditions after your last usage of the site will not be applied retroactively.
Limitation of Liability
Tough Hook, LLC and its officers, directors and employees shall not be liable for any lost profits, lost revenue, loss of use or any special, indirect, incidental, or consequential damages that result from the use of, or the inability to use, this site, the materials on this site or the products purchased on this site, whether in contract, tort or otherwise, even if Tough Hook, LLC has been advised of the possibility of such damages.
Orders and Errors
Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We strive to describe and display our products accurately on the Site. Despite these efforts, a small number of items on the site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If the item you order is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. Tough Hook, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Tough Hook, LLC shall issue a credit to your credit card account up to the amount of the charge of the cancelled order.
We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the site and to block or prevent future access to and use of the site (i) if you violate any of these Terms and Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the site. The provisions relating to Copyright and Intellectual Property, Limitation of Liability, Miscellaneous and Indemnification shall survive any termination.
Notice & Misc.
Tough Hook, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Tough Hook, LLC.
Your use of this site and all matters arising out of your use of this site shall be governed in all respects by the laws of the state of Montana, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that the exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Tough Hook, LLC products) shall be in the state or federal courts located in Montana. You submit to the personal jurisdiction of such courts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Tough Hook products) must be commenced within one (1) year after the claim or cause of action arises. The making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You agree that to the extent permitted by applicable law: (1) any and all disputes, claims, and causes of action arising out of or connected with the site and/or these Terms and Conditions will be resolved individually in the forum designated in this section, without resort to any form of class action; and (2) any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable. These Terms and Conditions constitute the entire agreement between you and Tough Hook with respect to the site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the site. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, the validity, legality and enforce-ability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sub-license any of your rights or obligations under these Terms and Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Tough Hook may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Tough Hook or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Tough Hook does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Tough Hook is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Tough Hook reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to us in its sole discretion.
You agree to indemnify, defend, and hold harmless Tough Hook, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Tough Hook may link to sites operated by third parties. However, even if the third party is affiliated with Tough Hook, Tough Hook has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tough Hook. These linked sites are only for your convenience and therefore you access them at your own risk.
Tough Hook Shipping Policy:
All orders will be paid for at time of order.
We will make every effort to ship your order that day providing your order is processed by 2 P.M. MST.
All orders shipping to an APO/FPO address or a PO Box will be shipped USPS Priority Mail.
International shipments: International customers are responsible for all duties, taxes, and full freight from the point of origin.
Tough Hook is not responsible for lost, stolen, or damaged packages.
Occasionally, stock is depleted and your order will go to back order status. The back order items will be fulfilled once stock becomes available unless otherwise requested to hold and ship complete.
Tough Hook-Return Policy:
Any and all return requests must be made with 14 days upon receipt of shipment. No refund will be applied to shipments that are refused at the time of delivery. There are no exceptions to this policy.
Refunds are only available for products in new and saleable condition. If your product has been used, no refund will be issued. All returns due to error by Tough Hook will have any and all fees waived.
DO NOT SEND YOUR RETURN BACK WITHOUT RECEIVING AN RA NUMBER. TO PROPERLY TRACK YOUR RETURN WE MUST ISSUE YOU AN RA NUMBER.
REQUEST AND RA NUMBER AT firstname.lastname@example.org
These Terms & Conditions were last updated on Nov 25, 2019