These Terms and Conditions were last changed on August 14, 2024, last checked on August 14, 2024.
1. Introduction
This Website located at https://rigtight.com/ (the “Website”) is provided solely to assist users in viewing products offered by Rig Tight LLC (“Rig Tight”), and for no other purpose whatsoever. The Website is offered by Rig Tight.
The following General Terms and Conditions (“Terms and Conditions”), including any and all conditions stated within any additional documents referenced herein, are applicable to all users of the Website and all transactions resulting in the sale and delivery of products from Rig Tight.
The following Terms outline your obligations when using the Website and associated services. For the purposes of these Terms, the terms “we”, “us”, “our” and “Rig Tight” refer to Rig Tight doing business as Rig Tight and the terms “you,” and “user” refer to the individual users visiting and/or purchasing products from this Website.
2. Binding
By registering with, accessing, or otherwise using this Website, you hereby agree to be bound by these Terms and Conditions set forth below. The mere use of this Website implies the knowledge and acceptance of these Terms and Conditions. In some particular cases, we can also ask you to explicitly agree.
3. Electronic communication
By using this Website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our Website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Intellectual property
All text, graphics, design, selection, and arrangement of information on this Website are protected by United States and international copyright laws – © 2024 Rig Tight. All other logos and product and company names mentioned herein may be the trademarks of their respective owners.
Unless specific content dictates otherwise, you are not granted a license or any other right under copyright, trademark, patent, or other intellectual property rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this Website in any form, without our prior written permission, except and only insofar as otherwise stipulated.
5. Newsletter
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our Website.
6. Third-Party Property
Our Website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this Website. Products or services offered by other websites shall be subject to the applicable terms and conditions of those third parties. Opinions expressed or material appearing on those websites are not shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
7. Responsible Use
By visiting our Website, you agree to use it only for the purposes intended and as permitted by these Terms and Conditions, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our Website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our Website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our Website.
Engaging in any activity that causes, or may cause, damage to the Website or that interferes with the performance, availability, or accessibility of the Website is strictly prohibited.
8. Purchases and Payment
We accept the following forms of payment:
- Visa
- Mastercard
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contract you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change price at any time. All payment shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order(s). We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Website and Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
9. Review Guidelines
We may provide you areas on the Website and Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person and/or product being reviewed; (2) you reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) you reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) you reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you may not post any false or misleading statements; and (7) you may not organize a campaign to encourage other to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do no assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
10. Termination of Use
We may, in our sole and absolute discretion, at any time modify or discontinue access to, temporarily or permanently, the Website or any service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension, or discontinuance of your access to, or use of, the Website or any content that you may have shared on the Website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
11. Website Uptime
We will make best commercial efforts to ensure that the Website is online and available for your use at all times. Despite these efforts, there may be times when the Website is unavailable for your use for any number of reasons including, without limitation, downtime, updates, or forces beyond our control. We apologize in advance for any inconvenience that this inability may cause for you. Rig Tight shall not be responsible for any delays, failures or other damage resulting from such lack of access or problems it may cause.
12. Images
The images used on this Website are digital representations of actual products. Please note that due to computer monitor differences, photographic lighting variances, and other variables, individual features shown online may not match precisely with the product shipped to you. As such, the images in this Website are to be used for illustrative and reference purposes only and should not be used as the sole basis for selecting and purchasing a particular product. While these images are indicative of the quality and style of the products sold by Rig Tight, the appearance, packaging, and color of the products you receive may vary from what you see on your computer system.
13. Warranties and Liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This Website and all content on the Website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the content. We make no warranty that:
- this Website or our products or services will meet your requirements;
- this Website will be available on an uninterrupted, timely, secure, or error-free basis; and
- the quality of any product or service purchased or obtained by you through this Website will meet your expectations.
Nothing on this Website constitutes or is meant to constitute, professional advice of any kind. If you require advice, you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our Website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the Website or any products and services marketed or sold through the Website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the Website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
14. Privacy
To access our Website and/or services, you may be required to provide certain information about yourself as part of the purchasing process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Policy.
15. Export Restrictions / Legal Compliance
Access to the Website from territories or countries where the content or purchase of the products or Services sold on the Website is illegal is prohibited. You may not use this Website in violation of export laws and regulations of United States.
16. Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section will be null and void.
17. Term and Termination
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
18. Breaches of the Terms and Conditions
Without prejudice to our other rights under 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 the breach, including temporarily or permanently suspending your access to the Website, contacting your internet service provider to request that they block your access to the Website, and/or commence legal action against you.
19. Force Majeure
Except for obligations to pay money hereunder, no delay, failure, or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and Conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
20. Indemnification
You agree to indemnify, defend, and hold us harmless, from and against any and all claims, liabilities, damages, losses, and expenses, relating to your violation of these Terms and Conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs (including attorney’s fees), and expenses relating to or arising out of such claims.
21. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Greensboro, North Carolina. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Greensboro, North Carolina, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
22. Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
23. Language
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
24. Entire Agreement
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Rig Tight in relation to your use of this Website.
25. Updates to the Terms and Conditions
We may update these Terms and Conditions from time to time in our sole and absolute discretion. The date provided at the beginning of these Terms and Conditions is the latest revision date. We will provide notice of any changes or updates via email, and the revised Terms and Conditions will become effective from the date that we give you such notice. Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. To request a prior version of these Terms and Conditions, please contact the website administrator at james@rigtight.com.
26. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of North Carolina. Any disputes relating to these Terms and Conditions shall be subject to the sole and exclusive jurisdiction of the state and federal courts located in North Carolina. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
27. Contact Information
If you have any questions or comments regarding these Terms and Conditions, you may email us at james@rigtight.com or send mailing to:
Rig Tight LLC
2271 Lakeview Ter
Burlington, North Carolina
27215