Agreement between user and www.cofairingco.com

Welcome to www.cofairingco.com. The www.cofairingco.com website (the "Site") is comprised of various web pages operated by Colorado Fairing Company LLC. ("CFC LLC."). www.cofairingco.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.cofairingco.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.cofairingco.com is a Website providing the sale of custom roof rack fairings along with hardware to install them.

Privacy

Your use of www.cofairingco.com is subject to CFC LLC.'s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.cofairingco.com or sending emails to CFC LLC. 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.

CFC LLC. 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.cofairingco.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Orders may be cancelled within 10 days of purchase and will receive a full refund. Any cancellations after 10 days will require a 20% restocking fee. Cancellations after 30 days will not qualify for a refund. All CFC products have a one year warranty for manufacturer defects and will be replaced at no cost to the customer. Custom made and designed fairings requested by the customer are not refundable after purchase.

Shipping Policy

Currently CFC only delivers within the lower 48 states. If you live outside this area please contact CFC at ino@cofairingco.com and we will calculate shipping costs to your location. CFC will ship your product regular ground delivery via the United States Postal Service or UPS at CFC's discretion. Please allow up to 15 business days for delivery after your fairing is produced. Purchaser understands that this product is custom made on a per order basis and after placing an order the fairing may take up to three weeks to be produced and will then be shipped when completed.

Return Policy

Customer must email CFC within 10 days after receiving their fairing to explain why the product is being returned.  Product must not be damaged and/or altered in any way and all hardware must be included when returned to CFC. Customer is responsible for shipping the product back to CFC and customer understands and agrees that there will be a 20% restocking fee deducted from the total purchase price prior to the refund. Custom made or custom designed fairings are not eligible for return.

Buyers Guide Disclaimer

The CFC “Buyer’s Guide” on the Website and any outcome thereof, is supplied solely as a service, for information purposes only, and does not contain any advice or recommendation that may be relied upon as the basis for any decision or action. All data and information supplied through the “Buyer’s Guide” derive from testing of CFC products on specific third party products. Technical components and performance quality etc. of such third party products and parts thereof may at any time following the CFC testing be altered (without the involvement or knowledge of CFC). Consequently, neither CFC nor any company associated with CFC shall (unless otherwise explicitly provided for under mandatory legislation) be liable for property damage or personal injury caused by the use of a CFC product which deviates from any instruction guide or user manual that (i) accompanies the CFC product at purchase thereof or (ii) applies to the product(s) on which the CFC product shall be fitted on or used together with. Prior to the use of each CFC product, CFC encourages you to thoroughly read each such instruction guide or user manual. CFC shall not be liable for property damage or personal injury from from the use of a CFC product that are caused by acts of God, such as but not limited to, hail, rocks, storms, etc. or the improper installation of a CFC product.  

Links to third party sites/Third party services

www.cofairingco.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CFC LLC. and CFC LLC. 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. CFC LLC. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CFC LLC. of the site or any association with its operators.

Certain services made available via www.cofairingco.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.cofairingco.com domain, you hereby acknowledge and consent that CFC LLC. may share such information and data with any third party with whom CFC LLC. has a contractual relationship to provide the requested product, service or functionality on behalf of www.cofairingco.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.cofairingco.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to CFC LLC. 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 CFC LLC. 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. CFC LLC. 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 CFC LLC. 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 CFC LLC. 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.

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

CFC LLC. 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 CFC LLC.'s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CFC LLC. does not control or endorse the content, messages or information found in any Communication Service and, therefore, CFC LLC. 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 CFC LLC. spokespersons, and their views do not necessarily reflect those of CFC LLC..

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.cofairingco.com or posted on any CFC LLC. web page

CFC LLC. does not claim ownership of the materials you provide to www.cofairingco.com (including feedback and suggestions) or post, upload, input or submit to any CFC LLC. Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CFC LLC., 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. CFC LLC. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CFC LLC.'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 CFC LLC. account to third party accounts. By connecting your CFC LLC. account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by CFC LLC. 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 CFC LLC. Content accessed through www.cofairingco.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 CFC LLC., 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. CFC LLC. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CFC LLC. 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 arbitrators 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 in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; 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 Employer 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. COLORADO FAIRING COMPANY LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 
COLORADO FAIRING COMPANY LLC. 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. COLORADO FAIRING COMPANY LLC. 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 COLORADO FAIRING COMPANY LLC. 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, WITH 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 COLORADO FAIRING COMPANY LLC. 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

CFC LLC. 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 Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado 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 CFC LLC. as a result of this agreement or use of the Site. CFC LLC.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CFC LLC.'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 CFC LLC. with respect to such use. If 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, then 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 CFC LLC. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CFC LLC. with respect to the Site. A printed version of this agreement and of 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 to the parties that this agreement and all related documents be written in English.

Changes to Terms

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

Contact Us

CFC LLC. welcomes your questions or comments regarding the Terms:
Colorado Fairing Company LLC.
Email Address: info@cofairingco.com
_________________

Effective as of July 1, 2019

Terms of Sale

Contract Agreement

By placing an order with us you are agreeing to be bound by these Terms of Sale. You are also confirming that you are at least eighteen years of age and that you agree to our use of your personal data in accordance with our Privacy Policy. Please read these Terms of Sale; they are important. If you do not agree to these Terms of Sale, do not place an order.

Following our receipt of your completed electronic order and payment by credit card, we will contact you by email to confirm the details on the form and supply you with an order reference number. A contract will be created between Colorado Fairing Company LLC. and you when we send that order confirmation email to you. If we cannot, for any reason, accept and process your order, we will notify you accordingly.

We reserve the right to reject any order, as we see fit, without giving any reason.

We may change these Terms of Sale at any time by posting changes on this website, and without giving you notice, so please check these Terms of Sale whenever you complete an order form and before you submit it to us. If you place an order with us after we have posted any changes to these Terms of Sale, you will be agreeing to those changes.

Please note that our Privacy Policy may change at any time, so please check it each time you intend to place an order.

This product is not a factory replacement and is designed to fit most vehicles roof mounting systems. Designs may vary slightly from images seen on your computer screen to actual printed product. 

Custom artwork created by Colorado Fairing Company LLC. becomes the property of Colorado Fairing Company LLC.  

Security

We use the industry standard, Secure Socket Layer (SSL) encryption, to ensure our online ordering facility is secure for credit card transactions. Your credit card details will be transmitted to us securely ONLY if you are using a secure connection (SSL) aware browser.

Availability & Payment

Our prices, delivery charges, and the availability of our stock are published on this website. The price and delivery charges payable are those in force at the date and time you submit your order form to us. We may change our prices and delivery charges at any time.

We try to ensure that the prices, delivery charges, and availability of our stock published on this website are accurate, but we need to check the prices and delivery charges on your order form. We will inform you if our actual prices and charges are higher from those stated on your order form, or if products on your order form are actually unavailable. If our actual prices or delivery charges are higher than those on your order form, you will be contacted by phone or email, and may then cancel your order; if our actual prices or delivery charges are lower, we will charge you the lower amount. We will inform you by phone or email if any item you have ordered is unavailable, and you may then cancel your order.
Payment must be made at the time you send us your order.

You undertake and warrant that all details you provide to us when you place your order will be correct, that any credit card you use belongs to you, and that there are sufficient funds or credit facilities to cover the total price of the items you order and our delivery charges.

We reserve the right to obtain validation of any credit card details before accepting any order.

Accuracy of Information, Warranties & Disclaimer

We try to ensure that any information and material on this website that has not been supplied by a third party is accurate, but we make no representation and give no warranty that any information or material is accurate, up-to-date, or complete. We accept no liability for any loss or damage caused by inaccurate, out-of-date, or incomplete information or material.

If you find any inaccurate, out-of-date, or incomplete information or material on this website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by phone or email.

General

No delay, neglect or forbearance on our part in enforcing any provision of these Terms of Sale will be, or be deemed to be, a waiver or in any way prejudice any of our rights.

If any provisions of these Terms of Sale is, for any reason, held to be unenforceable, illegal or invalid in some other way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms of Sale and they will continue in full force and effect.

These Terms of Sale are governed by USA law and you agree to submit to the non-exclusive jurisdiction of the courts of USA. The place of performance will be USA.

No addition to, or modifications of, any provision of these Terms of Sale will be binding on us unless made in writing and signed by our duly authorized representatives. 'Writing' includes email.

These Terms of Sale together with our Privacy Policy, Return Policy, Shipping Information, and your order form contain the entire agreement and understanding relating to the subject matter of your order. They supersede any earlier agreements, understandings, or arrangements (whether oral or written) relating to that subject matter. You acknowledge that you are not placing your order on the basis of any statement, representation, warranty or other provision except those expressly contained or referred to in these Terms of Sale. Nothing in this Condition limits or excludes our liability for fraud.

Nothing in these Terms of Sale affects your statutory rights as a consumer.

Effective as of July 1, 2019

Modified January 21, 2022.