Tundra Restaurant Supply Terms of Use

Date of Last Revision: March 6, 2013

Welcome to the Tundra Restaurant Supply Website (the “Website”), www.etundra.com. The Terms of Use (“Terms”) for this site are mentioned below. Please read this page carefully as accessing or using this Website, mobile application or online services means that you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms, do not use our Website, mobile applications or online services.

These Terms apply exclusively to your access to, and use of the Websites, mobile applications and online services (collectively, the "Websites") of Tundra Restaurant Supply ("Tundra"). If you are using the Websites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and Tundra for its violations of these Terms.

These Terms are divided into two parts: part one applies to all visitors to our Websites and part two applies to visitors who make a purchase on our Websites.

Tundra reserves the right to change or modify these Terms at any time and in its sole discretion. If Tundra makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Websites or updating the date at the top of these Terms. Your continued use of the Websites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Websites. If you do not agree to the amended Terms, you must stop using the Websites. Any use of the Websites in violation of these Terms may result in, among other things, termination of your account.

All questions or comments about the Websites or their contents may be directed to customer service by calling 888-388-6372 or 303-440-4142 or by emailing us.

Table of Contents

Part One – Terms for All Website Visitors

  1. Privacy Policy
  2. Eligibility, Registration and Account
  3. Ownership of Website Content
  4. Repeat Infringer Policy; Copyright Complaints
  5. Trademarks
  6. Hyperlinks
  7. User Content and Interactive Features or Areas
  8. Rights in User Content and Feedback
  9. Product Reviews
  10. User Conduct
  11. No Third-Party Beneficiaries
  12. Indemnification
  13. Disclaimer
  14. Limitation of Liability
  15. Modifications to the Websites
  16. Applicable Law and Venue
  17. Termination
  18. Severability
  19. Content Disclaimer

Part Two – Terms for Users Making Purchases

Part two applies in addition to part one if you purchase a product or service through the Websites.

  1. Pricing and Availability
  2. Errors
  3. Out-of-Stock Items; Backorders
  4. Agreement to Conduct Transactions Electronically; Recording; Copies
  5. Shipping and Handling; No Export by You
  6. Payment; Credit for Refunds
  7. Return and Exchanges
  8. Complaints and Legal Notices
  9. Warranties
  10. Exclusivity of Remedy; Limitation of Liability

Part One – Terms for All Website Visitors

1. Privacy Policy

Please refer to our Privacy Policy for information on how Tundra collects, uses and shares information about its visitors.

2. Eligibility, Registration, and Account

The Websites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Websites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Websites. In addition, you may not make a purchase from our Websites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Websites; (b) do not have more than one Website account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

In order to create a profile on the Websites, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

In consideration of your use of the Websites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Tundra; and (d) promptly notify Tundra if you discover or otherwise suspect any security breaches related to the Websites.

3. Ownership of Website Content

Unless otherwise indicated on our Websites, the Websites and all content and materials therein, including but not limited to the Tundra logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, "Website Content") are the proprietary property of Tundra or its affiliates, licensors, suppliers or visitors and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sublicensable license to access and use the Websites and electronically copy (except where prohibited without a license) and print hard copy portions of the Website Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of the Websites or Website Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Website Content; (d) modifying or otherwise making any derivative uses of the Websites and the Website Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Websites, the Website Content or any information contained therein, except as expressly permitted on the Websites or pursuant to separate terms; or (g) any use of the Websites or the Website Content other than for its intended purpose. Any other use of the Websites or the Website Content, without the prior written permission of Tundra, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time.

4. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Tundra has adopted a policy of terminating, in appropriate circumstances and in Tundra's sole discretion, account holders who are deemed to be repeat infringers. Tundra may also, in its sole discretion, limit access to the Websites and/or terminate the accounts of any visitors who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Websites infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below.

Designated Agent: Kasy Allen

Address: Tundra Restaurant Supply, 3825 Walnut St, Boulder, CO 80301
Phone: 800-388-6372
Fax: 800-447-4881
Email: kallen[at]etundra[dot]com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may give notice of a claim of copyright infringement to our visitors by means of a general notice on the Websites, electronic mail to a visitor's email address in our records or by written communication sent by first-class mail to a visitor's address in our records.

5. Trademarks

"Tundra," "eTundra," "The Back Burner," "The Front Burner," the Tundra logo, and other Tundra product or service names, logos, or slogans that may appear on the Websites are trademarks or registered trademarks of Tundra and its subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tundra or the applicable trademark holder. You may not use any meta-tags or any other "hidden text" utilizing "Tundra" or any other name, trademark or product or service name of Tundra without our prior written permission. In addition, the look and feel of the Websites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tundra and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Websites are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Tundra.

If you believe that anything on the Websites infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).

6. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Websites for non-commercial purposes, provided such link does not portray Tundra or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking website does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a Tundra logo or other proprietary graphic of Tundra to link to the Websites without the express written permission of Tundra. Further, you may not use, frame or utilize framing techniques to enclose any Tundra trademark, logo, or other proprietary information, including the images found on the Websites, the content of any text or the layout/design of any page or form contained on a page on the Websites without Tundra's express written consent.

Tundra makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Websites, or websites linking to the Websites. Such websites are not under the control of Tundra and Tundra is not responsible for the content of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. Tundra provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Tundra of any website or any information contained therein. When you leave our Websites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Websites.

7. Visitor Content and Interactive Features or Areas

The Websites may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other visitors create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Websites ("Visitor Content"). Visitor Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your etundra.com account information (also known as "Your Tundra Online Account" or "Your Account") or information you submit in order to make a purchase. You agree that you are solely responsible for your Visitor Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Websites any of the following:

  • Visitor Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable;
  • Visitor Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • Visitor Content that displays, describes, or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Tundra or any visitor or consumer or that is contrary to any instructions or warnings relating to the product;
  • Visitor Content that may impinge upon or violate the publicity, privacy, or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
  • Visitor Content that makes false or misleading statements, claims, or depictions about a person, company, product, or service;
  • Visitor Content that does not clearly and prominently disclose any material connections you may have to Tundra or third party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);
  • Visitor Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Visitor Content that impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity;
  • Viruses, malware of any kind, corrupted data, or other harmful, disruptive, or destructive files or code; and
  • Visitor Content that, in the sole judgment of Tundra, restricts or inhibits any other person from using or enjoying the Websites, or which may expose Tundra or its visitors to any harm or liability of any type.

Tundra takes no responsibility and assumes no liability for any Visitor Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto; nor is Tundra liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. At the same time, Tundra encourages its visitors to report Visitor Content that violates these Terms (either by using a flagging or reporting mechanism provided within the Websites or, for content that infringes copyright or trademark rights, by following the instructions in Sections 4 and 5 of these Terms). Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Websites will not contain any content that is prohibited by such Terms. Although Tundra has no obligation to screen, edit or monitor any of the Visitor Content posted on the Websites, Tundra reserves the right, and has absolute discretion, to remove, screen or edit any Visitor Content posted or stored on the Websites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any Visitor Content you post or store on the Websites at your sole cost and expense.

Any use of the Websites in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Websites. In order to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect Tundra’s systems and customers or to ensure the integrity and operation of Tundra's business and systems, Tundra may access and disclose any information it considers necessary or appropriate, including, without limitation, visitor profile information, IP addressing and traffic information, usage history, and posted Visitor Content. Tundra s right to disclose any such information shall govern over any terms of Tundra's Privacy Policy.

8. Rights in Visitor Content and Feedback

Except as otherwise provided herein, on the Websites or in a separate agreement (such as the rules of a Tundra photo contest), Tundra claims no ownership or control over any Visitor Content. However, by submitting or posting Visitor Content on the Websites, you grant Tundra and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Visitor Content on the Websites and on third-party websites. We will contact you directly to obtain permission before we use your Visitor Content for our own commercial purposes, unless you expressly grant these rights to Tundra at the time you upload your content. If you choose to remove your Visitor Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your Visitor Content and cached copies of your Visitor Content may still be available for some period of time.

By posting Visitor Content to the Websites, you represent and warrant that (a) such Visitor Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the Visitor Content or you otherwise have all necessary rights to post and use such Visitor Content to the Websites and to grant the rights to Tundra that you grant in these Terms; (c) the Visitor Content is accurate and not misleading or harmful in any manner; and (d) the Visitor Content, and your use and posting thereof in connection with the Websites, do not and will not violate these Terms, any other applicable Tundra terms, guidelines, or policies, or any applicable law, rule, or regulation.

Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials, or other information or materials regarding the Websites, Tundra or Tundra's products or services that are provided by you, whether by email, posting to the Websites or otherwise ("Feedback"), are non-confidential and shall become the sole property of Tundra. Tundra shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.

9. Product Reviews

We may provide specific opportunities for you to tell Tundra and other Tundra members or visitors what you think about our products or services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the visitor posting such reviews, and Tundra does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, we may use a third party to "power" or provide the opportunity to review products or services. In that case, you will also need to review the terms of service for that third party's website, including its privacy policy, to determine whether they are acceptable to you. If they are not, do not use its website or provide Product Reviews on Tundra’s website.

10. Visitor Conduct

You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree not to:

  • Use the Websites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Websites;
  • Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters, and pyramid schemes, or harvest or collect email addresses or other contact information of other visitors from the Websites for the purposes of sending spam;
  • Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Websites or to extract data;
  • Reverse engineer any aspect of the Websites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Websites (except as otherwise expressly permitted by law);
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Use or attempt to use another's account without authorization from Tundra;
  • Attempt to circumvent any content filtering techniques we employ or access any service or area of the Websites that you are not authorized to access;
  • Engage in any harassing, intimidating, predatory or stalking conduct;
  • Develop any third-party applications that interact with Visitor Content and our Websites; or
  • "Frame" our Websites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

Tundra is not responsible or liable for the conduct of, or your interactions with, visitors of the Websites (whether online or offline), nor is Tundra responsible or liable for any associated loss, damage, injury or harm. Although Tundra has no obligation to monitor any visitor conduct on the Websites, Tundra reserves the right and has absolute discretion to monitor any visitor conduct on the Websites at any time and for any reason without notice. Tundra does not approve or endorse any visitor-posted meetings or events referenced on the Websites and Tundra recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.

11. No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

12. Indemnification

You agree to defend, indemnify and hold harmless Tundra, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Websites; (b) any Visitor Content you post, upload, use, distribute, store, or otherwise transmit on or through the Websites; (c) any Feedback you provide; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Websites. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

13. Disclaimer

Except as expressly provided, the Websites, Website Content, Visitor Content, and services provided on or in connection with the Websites (collectively, "Complete Website") are provided on an "As Is" and "With All Faults" basis without representations, warranties, or conditions of any kind, either express or implied. Tundra disclaims all other representations, warranties, conditions, and duties, express, implied, or statutory, including but not limited to implied warranties, duties, or conditions: (a) of merchantability, fitness for a particular purpose or use, results, title, non-infringement, privacy, or security; and (b) created by trade usage, course of dealing or course of performance. Tundra does not represent or warrant that the Complete Website is accurate, complete, reliable, current or error-free. Tundra does not represent or warrant that the Websites or its servers are free of viruses or other harmful components.

In addition, Tundra disclaims all liability arising out of or related to the Websites content, including Tundra videos and "Expert Advice" or “Tech Talk” articles. The Websites Content is general in nature and must be used with an appreciation for the differing capabilities among individual visitors and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered in the restaurant, food service and plumbing industry, or any other industry that uses our products, or in commercial or home environments. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced persons.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

14. Limitation of Liability

In no event shall Tundra, its directors, members, employees, or agents be liable for any direct, special, indirect, or consequential damages or any other damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including, but not limited to, negligence), or otherwise, arising out of or in any way connected to the use of, or inability to use, the complete website, including without limitation any damages caused by or resulting from reliance by the visitor on any information obtained from Tundra, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Tundra's records, programs, or services. In no event shall the aggregate liability of Tundra, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Websites exceed any compensation you pay, if any, to Tundra for access to or use of the complete website.

Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.

15. Modifications to Website

Tundra reserves the right to modify or discontinue, temporarily or permanently, the Websites or any features or portions thereof without prior notice. You agree that Tundra will not be liable for any modification, suspension, or discontinuance of the Websites or any part thereof.

16. Applicable Law and Venue

These Terms and your use of the Websites will be governed by and construed in accordance with the laws of the State of Colorado, applicable to agreements made and to be entirely performed within the State of Colorado, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Boulder County, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

17. Termination

Either we, or you, may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, Tundra reserves the right, without notice, and in its sole discretion, to terminate your right to use the Websites, or any portion of the Websites, and to block or prevent your future access to and use of the Websites or any portion of the Websites.

18. Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

19. Content Disclaimer

Your use of this website is at your own risk.

The content, services, text, videos, graphics, links, messages and message boards, listing of professionals, or communications (collectively the “content”) provided on or through use of this website is provided for entertainment and educational purposes only, does not constitute professional advice provided by Tundra Restaurant Supply, or its owners, officers, directors, employees, agents, or affiliates (collectively “Tundra Restaurant Supply”), and is not a substitute for professional advice. Repairsave.com recommends consulting with a licensed contractor or other appropriate licensed professional of your own choosing before undertaking any home improvement or construction project. Tundra Restaurant Supply does not recommend or endorse any professionals or other individuals identified or listed on this website.

The content provided on or through the use of this website are provided on an ‘as is’ basis without any warranties of any kind. To the maximum extent permitted by law, Tundra Restaurant Supply expressly disclaims any and all warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Tundra Restaurant Supply does not warrant that the content on this website will meet your requirements or that the use of this website will be uninterrupted or error-free. Tundra Restaurant Supply makes no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the content, services, text, videos, graphics, links, or communications provided on or through use of this website (collectively the “content”), and makes no representations as to whether the information provided on this website is lawful in your jurisdiction or complies with general industry construction standards.

In no event will Tundra Restaurant Supply be liable to you or any third parties for any injuries or damages whatsoever (including, without limitation, personal injury, property damage, incidental and consequential damages, indirect damages, special or punitive damages, lost profits, or other damages) arising from your reliance on the content of this website, or your use or misuse of this website or the contents of this website , whether based on warranty, contract, tort or any other legal theory, and whether or not Tundra Restaurant Supply is advised of the possibility of such damages.

You agree to indemnify, defend at your own expense, and hold harmless Tundra Restaurant Supply from and against any liability, loss, injury, claims, including claims by third parties, costs, expenses, damages, attorney fees, court costs, litigation expenses, and related expenses which arise directly or indirectly out of or from: (1) your use of the website, (2) any content provided on or through use of this website, (3) any reliance on the content provided on or through the use of this website, (4) your actual or alleged breach of these terms, the terms of use of this website, and the privacy policy of this website, and (5) any improper use of this website.

Intermission

Part Two – Terms for Visitors Making Purchases

Part two applies in addition to part one if you purchase a product or service through the Websites.

1. Pricing and Availability

All prices are shown in U.S. dollars (except where otherwise noted); taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Additionally, many products displayed on our Websites are also available in Tundra’s retail store, while supplies last, but you should not assume that what you see on the Websites can always be seen in our stores. Prices displayed on the Websites may vary from those in the store or from store-advertised prices.

2. Errors

We attempt to be as accurate as possible and eliminate errors on the Websites; however, we do not warrant that any product, service, description, photograph, pricing, or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Websites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

3. Out-of-Stock Items; Backorders

If the color or size you want is not listed on the Product Information page, it is not then available for ordering. Please check back later. If the color or size you want has an asterisk next to it in the drop-down box, it is on backorder. Sometimes we will not know in advance that product is unavailable, so when you place items in your Shopping Cart you will be asked if you would like to backorder them. If you indicate yes, the item will be sent to you once it becomes available. Note that some items may be backordered or unavailable even if the Websites indicate that they are in-stock and adding an item to your cart does not guarantee the availability of that item. We will not charge your payment card until the item ships to the designated delivery address. If you choose to ship an item to the Tundra store for pick-up, you will be charged at the time the item is shipped from our distribution center. If the backordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail. If you have items on backorder that you would like to cancel, please contact us.

4. Agreement to Conduct Transactions Electronically; Recording; Copies

You agree that all of your transactions with or through the Websites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.

5. Shipping and Handling; No Export by You

When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Websites when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. When you ask us to ship to the Tundra store for pick-up, shipping is free (however, some exclusions may apply, and we reserve the right to add shipping and handling charges once we post them on the Websites). Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts, including orders shipped to the Tundra store for pick-up. Any shipping times shown on the Websites are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

6. Payment; Credit for Refunds

Only valid credit cards or other payment method acceptable to us may be used, and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Websites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

7. Return and Exchanges

Tundra has a 100% Satisfaction and Low Price Guarantee (see http://www.etundra.com/low-price-guarantee/). Whether you made your purchase from Tundra online, by mail, or in the Tundra store, you may return or exchange it by mail or at the Tundra store, subject to any contrary terms imposed on your purchase (e.g., some of our "close out" items say "no return" or the like) and provided that you follow the instructions on the Websites. General returns information and instructions can be found at http://www.etundra.com/returns-exchanges/.

Returns may make you ineligible for promotions and we reserve the right to require identification, proof of purchase, or additional verifiable information to help Tundra locate the purchase in our records. If a gift certificate or card, voucher, coupon, or payment mechanism other than a credit or debit card was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, we may give you a merchandise credit. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a non-transferable gift certificate or gift card, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.

If you believe a product sold by Tundra has a condition or defect that might make it unsafe, please report this safety concern immediately by clicking here or calling 888-388-6372 or 303-440-4142.

8. Complaints and Legal Notices

All complaints and legal notices should be mailed to Tundra, Attn: Legal Department, 3825 Walnut St, Boulder, CO 80301. If a law requires us to accept legal notices via email, call 303.440.4142 to ask for the address intended for receipt of such notices. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or 800-952-5210-

9. Warranties

Tundra provides a "100% Satisfaction and Low Price Guarantee" (see http://www.etundra.com/low-price-guarantee/), and Tundra products may be returned or service fees refunded in accordance with Tundra's returns and exchanges policy (see http://www.etundra.com/returns-exchanges/). This is the only guarantee or warranty you get from Tundra relating to the products and services you purchase or receive from Tundra. Tundra makes no other, and expressly disclaims all, representations, warranties, and conditions, whether in writing, implied, or statutory, including any warranty of merchantability for any particular purpose, or any warranty arising from course of dealing or usage of trade. Except as otherwise covered by the "100% Satisfaction and Low Price Guarantee", products and services provided by Tundra are provided "as is" and without warranty of any kind by Tundra. Manufacturers of non-Tundra branded products may provide other warranties, and you agree that you will look solely to the warranty(s), if any, provided by those manufacturers. Warranties give you specific legal rights, and you may have other rights, which vary from state to state.

Some jurisdictions do not allow limitations on how long an implied warranty lasts, so some or all of the limitations and disclaimers in this section may not apply to you.

10. Exclusivity of Remedy; Limitation of Liability

Your sole and exclusive remedy, and Tundra's sole and exclusive liability, for any breach of warranty shall be your right to return the product or receive a refund for the service under the Tundra returns and exchanges policy. In no event shall Tundra be liable for special, indirect, incidental, consequential, or punitive damages, including lost profits or loss of business, even if it has been advised of the possibility of such damages, nor shall the aggregate liability of Tundra, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability, or other theory, arising out of or relating to these terms or the purchase or use of any products or services purchased through the Websites exceed the purchase price of the product or service.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.