Terms & Conditions
TABLE OF CONTENTS
Online Store Terms
Accuracy, Completeness, and Timeliness of Information
Note about the Images used on Our Site
Modifications to the Service and Prices
Products or Services
Accuracy of Billing and Account Information
User Comments, Feedback and Other Submissions
Social Media Promotions
Errors, Inaccuracies, and Omissions
Disclaimer of Warranties; Limitation of Liability
Changes to Terms of Service
Copyright and Trademarks
This website is operated by Montezuma. Throughout the site, the terms “we,” “us,” and “our” refer to Montezuma. Montezuma offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. Please refer to Section 12, below, for additional prohibited uses.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
NOTE ABOUT THE IMAGES USED ON OUR SITE
To demonstrate the key features of our products, we may show images that include tools or other items in the Triangle toolboxes, chests, cabinets, combos or garage storage units. These images are for display ONLY. None of our products shown are sold or ship with tools or accessories.
Actual products shipped may not be exactly as shown in the photos.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SOCIAL MEDIA PROMOTIONS
By tagging an image or video with #MontezumaStorage, I hereby agree to the following Terms & Conditions for Social Media Promotions:
1. By tagging photos or videos posted by me (“Content”) with #MontezumaStorage, I am authorizing Montezuma to reuse the Content on the social media platforms of Montezuma and its affiliates including, but not limited to Instagram and Facebook (“Platforms”) worldwide and in perpetuity, without compensation to me, permission by me or notification to me.
I agree that the Content may be used, copied, distributed, published, publically displayed, reproduced, altered, edited, and used via any medium, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of advertising or marketing. If the Content is selected for republishing, I acknowledge and agree that my name, user name, or handle may be used in the post copy without compensation to me, permission by me or notification to me.
2. I understand and agree that Montezuma shall have no obligation to use the Content in any way; and that it may remove the Content (or any part thereof) from any or all of the Platforms at any time for any reason in its sole discretion. I further understand and agree that Montezuma will not use any Content or other materials that Montezuma, in its sole discretion, finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that it believes may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights.
3. I hereby consent to the collection, use and disclosure of my personal information for the purposes of this promotion and grant permission for Montezuma to disclose such personal information to its related and affiliated companies, contractors and agents to assist in the administration of this promotion.
4. I acknowledge and agree at each time that I post Content on the Platforms, I will be in compliance with the terms and conditions of such Platforms. I acknowledge that Montezuma is hereby advising me to carefully read the privacy statements of all such Platforms.
5. If I want the Content removed from the Platforms, I will send an e-mail message to: firstname.lastname@example.org. Montezuma makes no guarantees or covenants regarding the removal of any Content.
6. I affirm that I am 18 years old or older and I have the legal right to post the Content. Neither the Content nor the use of the Content by Montezuma will infringe upon or violate the intellectual property rights or other rights of others. The Content does not contain any content that is inappropriate, or depicts inappropriate behavior, and does not contain any advertising or other commercial content.
I also understand that by granting Montezuma permission to use the Content, I release Montezuma and its affiliates, their employees, directors and officers, and any third party services that use the Content from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses of any kind resulting in whole or in part, directly or indirectly from participation in this promotion or acceptance, misuse, non-use or use of any reward or activity related thereto, including reasonable attorney’s fees and expenses relating to or arising out of the use of the Content as contemplated by this Terms and Conditions.
These terms and conditions will be governed by and construed under the laws of the State of Washington, United States of America, without regard to conflict of laws principles. Any dispute under these Terms will be subject to the non-exclusive jurisdiction of the courts of the State of Washington. I irrevocably waive any objection on the grounds of venue, forum non-convenience or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and consent to the jurisdiction of the courts of the State of Washington. I further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these terms and conditions.
Any provision in these Terms which is held to be invalid or unenforceable for any reason by any court, governmental department, body or tribunal, or in any applicable jurisdiction will be ineffective to the extent of such invalidity or unenforceability and will not invalidate or render unenforceable the remaining provisions hereof and should any provision be held invalid or unenforceable in an applicable jurisdiction such provision will not be invalidated or rendered unenforceable in any other jurisdiction.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) modify or tamper with the site in any way. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Montezuma, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Most of our products are warranted to be free from defects in materials and workmanship for a period of five (5) years from the date of original purchase.
If you feel that the product is defective, email email@example.com or call 1-800-459-4409 (Monday–Friday, 8:00 am–4:30 pm, CST).
If the product is determined to be defective, we will replace the defective part at no cost to you. In the event it becomes necessary for your product to be returned, we will notify you how to proceed. A copy of your original purchase receipt must accompany the returned product.
You may cancel an order at any time prior to shipment without incurring any shipping and/or restocking fees. Once the orders have shipped, you will not be able to cancel.
Customers may return any product purchased, for any reason, within 30 days of delivery, provided it is in new and resellable condition, and returned in accordance with our return guidelines.
Please email firstname.lastname@example.org or call 1-800-459-4409 (Monday–Friday, 8:00 am–4:30 pm, CST) to request a Return Merchandising Authorization form ("RMA").
Please note that your RMA will require you to return the item at your own expense and is subject to a 15% restocking fee.
Absolutely no returns will be accepted after 30 days of item receipt.
Montezuma requires that you return your product with all the original packaging material.
Montezuma cannot be held responsible for packages that are lost or damaged in transit during the return process. Please be sure to properly package and insure all return shipments.
Montezuma will not accept any shipment sent C.O.D.
Credit will be given to the original purchaser, for the original purchase price, less applicable restocking fees. Original shipping fees will not be refunded.
You agree to indemnify, defend, and hold harmless Montezuma and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; or accordingly we may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Washington, United States of America.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com
COPYRIGHT AND TRADEMARKS
All content included on this site, such as text, graphics, logos, icons, images, video, audio (collectively, “Materials”), is our property or the property of our content suppliers and protected by United States and international copyright laws.
Montezuma retains all rights regarding its trademarks, trade names, brand names, logos and trade dress (individually and collectively hereafter “Marks”). These Marks and all associated logos or images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license to the use of such Marks is granted to you under these Terms or by your use of our Service. Your misuse of the Marks displayed on this Site is strictly prohibited.
You may not extract and or re-use parts of the contents of this site without Montezuma’s express written consent. In particular, you may not use any data mining, robots, or similar data gathering and extraction tools to extract for re-use of any substantial parts of this site, without Montezuma’s express written consent. You also may not create or publish your own database that features substantial parts of this site without Montezuma’s express written consent.