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TERMS

TERMS OF USE

Effective Date: 09/02/2021

Welcome to this website provided to you by the TOMBERLIN, a division of Columbia Vehicle Group, Inc. (collectively, “TOMBERLIN”). As used in these Terms of Use, references to “COLUMBIA” include its owners, subsidiaries, affiliates, officers, and directors. Your access to and use of this website, www.tomberlinusa.com, is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities.

By accessing and browsing this website, you agree to the following terms and conditions of use on behalf of yourself and any entity that you represent. If you do not agree, please do not access or use this website.

Modification of Terms of Use
TOMBERLIN reserves the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this website. Notice regarding material changes will be posted conspicuously on this website or otherwise communicated to you prior to the implementation of such changes. By accessing the website following posting of changes to the Terms of Use, you agree to all such changes.

Privacy Policy
By your access and use of this website, you also agree to the terms of the applicable Privacy Policy, which are incorporated into these Terms of Use by this reference.

Site Information
Information and materials displayed on this website, including, without limitation and to the extent applicable, product offering, product pricing, specifications, warranty and /or other information, are subject to modification without notice. TOMBERLIN reserves the right to modify such information without any obligation to notify past, current or prospective website users.

In addition, to the extent TOMBERLIN offers you the ability to purchase products on the information and materials on this website, the information and materials are applicable to products sold in the United States and not necessarily to products sold in other countries. Some products or services may not be available in certain areas. Specifications on the website are for comparison purposes only. Prices exclude shipping and applicable taxes, which will be added to any online order.  Prices on purchases from any third party are controlled by such third party such that actual dealer price may vary.

Mention of any third party products or services is provided for informational purposes only and does not constitute an endorsement or recommendation of such products or services by TOMBERLIN  .

All offers on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

Compliance with Laws

In connection with your access to and use of the website, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

Intellectual Property Rights

All text, audio, video, graphics, images, charts, data structures, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are the copyrighted materials of TOMBERLIN or its vendors or suppliers. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable law. In addition, many proprietary names and marks belonging to TOMBERLIN and its affiliates appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.  Nothing on this website shall be construed as conferring any license with respect to Tomberlin’s or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.

Any unauthorized use of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to TOMBERLIN   or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Use of this Site
You may download and/or print a copy of this website’s content solely for your personal and internal use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of TOMBERLIN.

You may not violate the security of any TOMBERLIN network or system. Such violations may result in criminal and civil liability. You may not probe, scan or test the vulnerability of this website or attempt to breach any security or authentication measures or monitor data or traffic on our website. You may not interfere with the functioning of this website, including without limitation any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks. You may not use manual or electronic means to avoid the use or access limitations that may be on this website.

NO WARRANTIES

To the fullest extent permitted by applicable law, This site, all contents of this website, and all products and services offered in connection with this site are provided “AS IS” and “as available” basis. TOMBERLIN disclaims all warranties of any kind, express or implied, in connection with this website to the fullest extent permitted by law, including the implied warranties of merchantability, title, non-infringement and fitness for a particular purpose and any warranty arising from a course of dealing or usage in trade.

TOMBERLIN does not warrant that use of this site, or the operation or function of this website, will be uninterrupted or error free, that defects will be corrected, or that this website or its server are free of viruses or other harmful elements. TOMBERLIN does not warrant or make any representations regarding the accuracy, reliability or use of this website. Your use of this website is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this site.

Limitation of Liability

TOMBERLIN shall not be liable for any damages of any kind related to your use of or inability to use this website, including, without limitation, direct, indirect, special, incidental, exemplary, compensatory or consequential damages, lost profits, loss of business, loss of data, business interruption, or loss of revenue arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, products, or services obtained through this website, or, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if TOMBERLIN has been advised of the possibility of such damages or such damages were otherwise foreseeable.

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limits or exclusions may not apply to you. TOMBERLIN’s ‘s liability in any case shall, however, be limited to the greatest extent permitted by applicable law.

Submission / Feedback Information
Any feedback, comments, suggestions, ideas, or similar materials that you send to TOMBERLIN   in connection with the appearance or operation of this site or any TOMBERLIN   or affiliate product or service will be treated as non-confidential and non-proprietary. TOMBERLIN   may use any and all such materials without notice to you and without your consent. All such materials becomes the property of TOMBERLIN   and may be used for any purpose and on an unrestricted basis. By submitting such information to TOMBERLIN   you are assigning to TOMBERLIN  , at no cost to TOMBERLIN  , all copyright and other intellectual property rights to the information. TOMBERLIN   may publish such material and/or incorporate it or any concepts described in it in our products or on our website without compensation, restrictions on use, acknowledgement of source, accountability, or liability unless agreed to otherwise in writing.

Social Media

Links to TOMBERLIN’s social media pages (e.g., Facebook, Instagram, Twitter, and YouTube) are included on the Site (“Social Media Pages”).  Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect TOMBERLIN’s views.  We reserve the right to remove anything from our Social Media Pages, at our sole discretion.  We may also take steps to block users from access to our Social Media Pages who violate these Terms of Use.  If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.

Third-Party Websites
TOMBERLIN   may include links to other sites on the internet that are not owned or operated by TOMBERLIN   or its affiliates as a convenience to our users. These third party websites may include authorized dealers/resellers of TOMBERLIN   products and equipment or various program affiliates.

  provides these links to you only as a convenience, and the inclusion of any link does not imply directly or indirectly, any approval, association, sponsorship, endorsement of or affiliation by TOMBERLIN   with the third party site or its website. TOMBERLIN   is not responsible for the contents of any third party website, including without limitation any dealer or reseller website.

You link to any other pages or websites at your own risk. You should review and determine if you agree to a particular site’s terms and conditions of use before using such a site.

Indemnification
To the fullest extent permitted by applicable law, yYou agree to defend, indemnify and hold TOMBERLIN   (together with its affiliates) harmless from and against any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of TOMBERLIN   or any other person or entity.

Termination

If you violate applicable laws or these Terms of Use, you are immediately prohibited from further use of the website, and we may restrict your access.  TOMBERLIN may suspend or terminate the website, in whole or in part, at any time in its sole discretion for any reason.  TOMBERLIN shall not be liable to you or anyone else for any damages arising from or related to TOMBERLIN’s suspension or termination of your access to the website, or in the event TOMBERLIN modifies, discontinues or restricts the availability of the website (in whole or in part).

Website Unavailability

Without limiting the generality of the previous section, the website may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

General
Unless otherwise specified, this site and its contents are displayed solely for the purpose of marketing, promoting and selling TOMBERLIN   products and services. The site is controlled by TOMBERLIN   from its offices in Reedsburg, Wisconsin. All matters relating to this site shall be governed by federal laws and the laws of the State of Wisconsin. Any legal action or proceeding relating to this site shall be instituted in a state or federal court with jurisdiction over Reedsburg, Wisconsin. You agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts.  We may assign our rights and delegate our duties under these Terms of Use at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms of Use without our prior written consent.  These Terms of Use insure to the benefit of TOMBERLIN successors and assigns. TOMBERLIN’s failure to enforce any provision of these Terms of Use will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by TOMBERLIN. If any provision of these Terms of Use is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.  The headings in these Terms of Use are for convenience only and do not affect the interpretation of these Terms of Use.

If you have any questions regarding Terms of Use, please contact TOMBERLIN’s  Legal Department at;

 Nordic Group of Companies, Ltd.

Attn: Legal Counsel
715 Lynn Avenue, Suite 100
Baraboo, WI 53913 USA

E-mail: [email protected]
Phone: 608-356-0136
Fax: 608-355-2280

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