Welcome to TeraFlex.com, FalconShocks.com, and any other website, storefront, or checkout experience that links to these Terms (collectively, the “Site”). Teraflex, LLC, doing business as TeraFlex and Falcon Shocks and/or such other brand identified on the applicable Site or order confirmation (“Company,” “Seller,” “we,” “us,” or “our”), operates the Site.

BY ACCESSING OR USING THE SITE, PLACING AN ORDER, ACCEPTING A QUOTATION, CHECKING A BOX, CLICKING AN ACCEPTANCE BUTTON, SIGNING ELECTRONICALLY, CONFIRMING ACCEPTANCE BY EMAIL, OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS, YOU ACCEPT THESE TERMS ON BEHALF OF YOURSELF AND, TO THE EXTENT APPLICABLE, THE ENTITY OR ORGANIZATION THAT YOU REPRESENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF YOURSELF AND ANY SUCH ENTITY OR ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM COMPANY.

THESE TERMS REQUIRE INDIVIDUAL ARBITRATION OF CERTAIN DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMIT CERTAIN REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

These Terms govern access to and use of the Site and all quotations, offers, orders, purchases, sales, delivery, possession, transfer, and use of products purchased directly from Company through the Site or otherwise made expressly subject to these Terms.

For purposes of these Terms, “Products” means Company-branded, Company-sold, or Seller-sold hardware, components, kits, assemblies, replacement parts, service parts, prototypes, samples, accessories, documentation, installation instructions, and any software or firmware embedded in or supplied with them. “Buyer” means the individual placing or accepting the applicable order and, to the extent permitted by applicable law, any employer, company, organization, affiliate, or other entity on whose behalf, for whose benefit, at whose direction, using whose funds or payment method, or primarily for whose business purposes the order is placed.

PRIVACY

Please review our Privacy Notice, which also governs your visit to and use of the Site and is incorporated into these Terms.

ELECTRONIC COMMUNICATIONS / AGREEMENT

When you visit the Site, place an order, send emails to us, check a box, click an acceptance button, sign electronically, or otherwise communicate with us electronically, you are communicating with us electronically. You consent to receive communications from us electronically, including by email, posting notices on the Site, account notices, checkout notices, and other electronic communications.

You agree that all agreements, notices, disclosures, consents, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. You agree that these Terms constitute a “writing” and an enforceable electronic record. You acknowledge that you can print or store these Terms for your records and waive any claim under the statute of frauds or any similar statute that would block enforceability or admissibility of these Terms for failure to meet a “writing” requirement.

An electronic acceptance of these Terms, including acceptance through an online checkout process, checkbox, electronic signature, written email confirmation, or other affirmative electronic communication, constitutes Buyer’s signature and agreement to these Terms. Company may retain an electronic record identifying the version of the Terms accepted, the date and time of acceptance, the related order, the user account or email address used, shipping and billing information, and other transaction records maintained in the ordinary course of business. Buyer agrees that such ordinary-course records are admissible to establish Buyer’s assent and the governing version of these Terms.

COPYRIGHT; TRADEMARKS; SITE CONTENT

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, video, digital downloads, data compilations, and software, is the property of Company, its affiliates, or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. All software used on the Site is the property of Company, its affiliates, or its software suppliers and is protected by United States and international copyright laws.

The Site contains copyrighted material, trademarks, service marks, trade dress, trade names, and other proprietary information, including text, software, photos, video, graphics, music, sound, product data, and product descriptions. You may not modify, copy, scrape, publish, transmit, participate in the transfer or sale of, create derivative works from, or exploit any Site content, in whole or in part, except as authorized under these Terms or by Company in writing. You may download copyrighted material from the Site solely for your personal, non-commercial use. Except as otherwise expressly permitted by applicable law, no copying, redistribution, retransmission, publication, commercial exploitation, modification, deletion of author attribution, trademark legend, or copyright notice may be made.

Unless otherwise indicated, all displayed trademarks, service marks, trade dress, and trade names are owned by Company or its affiliates. Trademarks identifying vehicle makes and models are owned by their respective manufacturers or affiliates. Company uses such trademarks only to identify the make and model of the vehicle for which certain Products are intended. Such use does not mean that the vehicle manufacturer endorses, is the source of, authorizes, approves, or sponsors Company or Company Products. Company takes its intellectual property seriously and may use all remedies available at law or in equity to enforce its rights.

LICENSE AND SITE ACCESS

Company grants you a limited, non-transferable, non-sublicensable, non-exclusive license to access and make personal, non-commercial use of the Site. This license does not include: (a) any resale or commercial use of the Site or its contents; (b) any collection or use of product listings, descriptions, images, specifications, or prices; (c) any derivative use of the Site or its contents; (d) any downloading or copying of account information for the benefit of another merchant; (e) any use of data mining, robots, scraping, crawling, or similar data gathering or extraction tools; or (f) any use of the Site for development, validation, sourcing, manufacture, or commercialization of a competing product.

The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, scraped, or otherwise exploited for any commercial purpose without Company’s express written consent. Any unauthorized use terminates the permission or license granted by Company. Company may terminate this license at any time.

USER SUBMISSIONS

Company may enable you to add, create, submit, distribute, or post content, including text, notes, articles, photos, data, graphics, reviews, questions, and other information (each, a “User Submission”) through the Site. By submitting any User Submission, you acknowledge and agree that: (a) you may be identified publicly by your username or other identifying information in association with the User Submission; (b) Company does not guarantee confidentiality with respect to any User Submission and any User Submission is provided on a non-proprietary and non-confidential basis; (c) you own or have all necessary rights and permissions to submit the User Submission and authorize Company and users of the Site to use it as permitted by these Terms; (d) your User Submission does not infringe, misappropriate, or violate any third-party rights, including copyright, trademark, patent, trade secret, proprietary, privacy, publicity, or other rights; and (e) you are solely responsible for your User Submission and the consequences of submitting it.

You grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works based on, display, perform, and otherwise exploit each User Submission for the Site and Company’s business purposes. Company may edit, delete, modify, reformat, translate, refuse, or remove any User Submission at any time, without notice, for any reason or no reason. You waive any “moral rights” or similar rights in User Submissions to the fullest extent permitted by law.

YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, device, and account. You agree to accept responsibility for all activities that occur under your account or password. You may not use the Site if you are under the age of 13. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, subject to applicable law.

PURCHASES

If you purchase a Product through the Site or otherwise from Company, you must provide a valid payment method that you are authorized to use. You represent and warrant that you are authorized to use that payment method and to authorize the applicable charge. If you purchase a Product through the Site, risk of loss and title for such Product pass to you upon Company’s delivery of the Product to the carrier, unless otherwise specified in writing by Company.

ORGANIZATIONAL AND BUSINESS PURCHASES

If an individual purchases Products using an employer-, company-, or organization-issued payment method; seeks or receives reimbursement from an employer, company, or organization; causes Products to be shipped to an employer, company, or organization location; places the order at the direction of, for the benefit of, or in connection with the business activities of another person or entity; or purchases Products primarily for an employer’s, company’s, or organization’s business activities, that individual represents and warrants that the purchase is being made in connection with the business activities of that person or entity and that the individual is authorized to make the purchase and accept these Terms on behalf of that person or entity.

If the individual lacks authority to bind an entity or other person, the individual nevertheless remains personally bound by these Terms and liable for compliance with these Terms to the fullest extent permitted by law. Nothing in these Terms limits Company’s rights under applicable principles of actual authority, apparent authority, agency, ratification, estoppel, acceptance or retention of benefits, or other applicable law.

PROPRIETARY RIGHTS AND PRODUCT USE

Reservation of Intellectual Property Rights.

Purchase of a Product transfers ownership of the physical Product only. Except as expressly provided in a writing signed by Company, no purchase conveys or grants any license or ownership interest in any patent, patent application, copyright, trademark, trade dress, design right, trade secret, know-how, engineering information, software, firmware, technical information, or other intellectual property of Company or its affiliates or licensors. Company and its affiliates and licensors reserve all rights not expressly granted.

Restricted Competitive Use.

For purposes of these Terms, “Restricted Competitive Use” means use of a Product or information derived from a Product for the purpose of designing, developing, sourcing, manufacturing, validating, improving, marketing, selling, or commercializing a product, component, assembly, system, or service that competes with the Product or is intended to replace, replicate, or serve as a substitute for the Product.

Buyer shall not, directly or indirectly, for any Restricted Competitive Use: (a) reverse engineer, teardown, disassemble, deconstruct, section, depopulate, dismantle, or otherwise take apart a Product; (b) benchmark, scan, measure, image, or digitize a Product or component, including by 3D scanning, CT scanning, photogrammetry, or similar methods; (c) create or derive dimensional measurements, drawings, CAD models, digital models, engineering models, specifications, or other reproductions from a Product; (d) perform material, chemical, structural, electrical, electronic, software, firmware, mechanical, pneumatic, performance, or other analysis for the purpose of deriving design or engineering information from a Product; (e) reproduce or materially copy the geometry, architecture, arrangement, construction, selection of components, or other design characteristics of a Product; or (f) use information obtained through any of the foregoing activities to assist in the development, sourcing, manufacture, testing, validation, improvement, marketing, sale, or commercialization of a competing product.

Derived Product Information.

“Derived Product Information” includes measurements, scans, models, drawings, specifications, component identification, material information, test data, internal configuration information, engineering observations, performance information, and other technical information generated through examination, testing, use, or analysis of a Product. Buyer shall not use, disclose, transfer, provide, or permit access to Derived Product Information for any Restricted Competitive Use.

Transfers; No Circumvention.

Buyer shall not acquire, provide, transfer, loan, furnish, deliver, resell, or otherwise make a Product or Derived Product Information available to any employer, affiliate, parent, subsidiary, engineering firm, contractor, consultant, testing laboratory, agent, or other person or entity where Buyer knows or reasonably should know that the Product or information will be used for a Restricted Competitive Use. Buyer shall not direct, authorize, encourage, assist, facilitate, or cause another person or entity to engage in conduct that Buyer is prohibited from undertaking under this Section.

Ordinary Product Use; Independent Development.

Nothing in this Section prohibits examination, disassembly, measurement, testing, or other activity reasonably necessary for ordinary installation, operation, maintenance, troubleshooting, repair, warranty evaluation or service, vehicle fitment, regulatory or safety compliance, or another ordinary end-user purpose unrelated to Restricted Competitive Use. Nothing in these Terms prohibits any person or entity from independently designing or developing products without use of a Company Product or Derived Product Information in violation of these Terms.

Scope and Applicable Law.

The restrictions in this Section apply to the fullest extent permitted by applicable law. Nothing in these Terms prohibits activity that applicable law expressly makes non-waivable by contract, including any non-waivable right to diagnose, repair, maintain, or achieve interoperability with a lawfully acquired Product, provided the activity is not used for Restricted Competitive Use except to the extent such limitation is prohibited by law. If a restriction in this Section exceeds the maximum restriction permitted by applicable law, it shall be interpreted and enforced to the maximum permissible extent. Nothing in these Terms constitutes a representation that information is a trade secret unless that information independently satisfies the requirements for trade-secret protection under applicable law.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Any applicable written Company limited warranty or other express written product warranty is incorporated by reference to the extent applicable to the Product. Nothing in these Terms limits any non-waivable rights Buyer may have under applicable law or any express written limited warranty provided by Company for the applicable Product. To the extent of a conflict between these Terms and an applicable written limited warranty, the written limited warranty controls solely with respect to warranty coverage for that Product. Except for such express written warranty, the following disclaimer and limitation provisions apply to the fullest extent permitted by law.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OR PURCHASED BY YOU THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUES, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, OR COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO THE SITE, THESE TERMS, ANY PRODUCT, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OR PURCHASED BY YOU THROUGH THE SITE. TO THE EXTENT THAT WE DISPLAY OR OFFER FOR SALE PRODUCTS OF THIRD PARTIES, OUR LISTING OR DISPLAY DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH PRODUCTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR AGGREGATE LIABILITY TO YOU FOR DAMAGES ARISING FROM OR RELATED TO THESE TERMS, YOUR USE OF THE SITE, OR ANY PRODUCT, FOR ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) AMOUNTS PAID BY YOU TO COMPANY FOR THE PRODUCT GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS BEFORE THE CLAIM AROSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

VEHICLE INSTALLATION AND USE

Buyer is responsible for confirming Product compatibility with Buyer’s vehicle and intended use and for installing and using Products in accordance with all applicable instructions, warnings, laws, vehicle limitations, and manufacturer specifications. Suspension Products may alter vehicle ride height, handling, braking, steering geometry, alignment, center of gravity, electronic stability control, advanced driver assistance systems, driveline angles, tire clearance, and component wear. Buyer is responsible for professional installation where appropriate, post-installation inspection, alignment, torque checks, periodic maintenance, and confirming that the Product and vehicle configuration comply with all applicable laws and safe operating limits.

Installation or use of a Product does not increase a vehicle manufacturer’s stated Gross Vehicle Weight Rating (GVWR), Gross Axle Weight Rating (GAWR), payload rating, towing rating, tire rating, or other vehicle limitation. Buyer remains solely responsible for operating the vehicle within all applicable OEM ratings, equipment limitations, and legal requirements. Improper installation, modification, misuse, operation outside stated Product specifications, or failure to follow installation or safety instructions may result in Product failure, vehicle damage, personal injury, or death. Company may deny warranty coverage to the extent permitted under the applicable written warranty for damage caused by improper installation, misuse, unauthorized modification, or operation outside stated Product specifications.

DISPUTES

If you believe that Company has not adhered to these Terms, please contact Company by email at [email protected]. We will do our best to address your concerns. If you believe that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

If you and Company are unable to resolve a dispute informally, you and Company will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office, except to the extent another forum or procedure is required by applicable non-waivable law. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.

You and Company agree that any arbitration will be limited to the dispute between Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any class, collective, consolidated, private attorney general, or representative proceeding.

Notwithstanding the foregoing arbitration provisions, Company may seek temporary, preliminary, permanent, or other provisional injunctive or equitable relief from a court of competent jurisdiction when reasonably necessary to prevent or stop an actual or threatened violation of the PROPRIETARY RIGHTS AND PRODUCT USE Section pending final resolution of the dispute. Buyer acknowledges that a breach or threatened breach of the PROPRIETARY RIGHTS AND PRODUCT USE Section may cause irreparable harm for which monetary damages may be inadequate. To the fullest extent permitted by law, Company may seek such relief without the necessity of posting bond. Seeking such provisional relief shall not constitute a waiver of any otherwise applicable agreement to arbitrate.

APPLICABLE LAW

By visiting the Site and/or ordering Products from Company, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Company, except to the extent preempted by federal law or prohibited by applicable non-waivable law.

ORDER ACCEPTANCE; CONFIRMATION; VERIFICATION

Your receipt of an electronic or other form of order confirmation, payment authorization, payment capture, fraud-screening approval, or other automated communication does not signify our acceptance of your order and does not constitute confirmation of our offer to sell. Company reserves the right at any time after receipt of your order to accept, decline, hold, verify, limit, or cancel your order for any lawful reason, and may limit quantities on any order.

Unless Company expressly accepts an order earlier in writing, acceptance occurs only when Company releases the applicable Products for shipment. Before acceptance, Company may require reasonable payment, identity, shipping, fraud-prevention, compliance, export/import compliance, intended-use, or other order verification, including affirmative confirmation of these Terms. Company may hold, reject, limit, or cancel an order if Company reasonably believes the order may involve fraud, unauthorized payment, unlawful activity, violation of these Terms, or a use or transfer prohibited by these Terms. If Company rejects or cancels your order, we will generally attempt to notify you using the email address provided with the order. If payment has already been collected for a canceled order, Company will refund the applicable amount in accordance with its ordinary refund procedures.

PRODUCT DISPLAY; COLORS

The Site attempts to display Product images as accurately as possible. However, we cannot guarantee that the color, dimensions, or appearance you see matches the Product, as display and perception depend on your monitor, device, settings, and other factors. Product images and descriptions are for general informational purposes and may not show every component, configuration, or variation.

WEBSITE ERRORS

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted and whether or not the order has been confirmed or your payment method charged. If your payment method has already been charged and your order is canceled, Company will issue a credit in the amount of the charge in accordance with its ordinary refund procedures. Individual bank or payment-processor policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it only in accordance with the applicable Company Return Policy.

NO THIRD-PARTY BENEFICIARIES

Except as otherwise provided in these Terms, there are no third-party beneficiaries to these Terms. Notwithstanding the foregoing, Company’s parent companies, subsidiaries, affiliates, successors, assigns, and any affiliate or licensor owning intellectual property embodied in or associated with a Product are intended third-party beneficiaries solely with respect to the PROPRIETARY RIGHTS AND PRODUCT USE Section and may enforce that Section to the extent permitted by law.

INDEMNITY

You agree to indemnify, defend, and hold Company and its affiliates, officers, directors, employees, agents, representatives, partners, and licensors harmless from and against any claim, demand, loss, liability, damage, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to your use of the Site, your violation of these Terms, your violation of any rights of another, your use or misuse of any Product, or your purchase, transfer, installation, or use of any Product.

Without limiting the foregoing, Buyer’s indemnification obligations include third-party claims, damages, costs, and expenses arising from or relating to Buyer’s violation of the PROPRIETARY RIGHTS AND PRODUCT USE Section; Buyer’s unauthorized use, disclosure, provision, or transfer of a Product or Derived Product Information for Restricted Competitive Use; or conduct undertaken by another person or entity at Buyer’s direction, with Buyer’s assistance, or using a Product or Derived Product Information made available by Buyer, that would constitute a violation of these Terms if undertaken by Buyer.

LINKS

Company may provide, or third parties may provide, links to other websites, Internet sites, or resources. You acknowledge and agree that Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such site or resource.

COMMUNICATIONS; TEXT MESSAGING SERVICES

We may offer communications via calls, SMS text messages, or similar technology subject to any consents required by applicable law. Message and data rates may apply. Message frequency varies. Consent to receive marketing text messages is not a condition of purchasing any goods or services. To stop receiving text messages from Company, reply STOP to any text message you receive from Company. You agree we may send you a message to confirm receipt of your STOP request. You can also opt out of our text messages by contacting us at (800) 549-4620. If you want to join again, sign up as you did the first time and we will start sending text messages to you again.

You acknowledge and agree that our platform may not recognize and respond to text unsubscribe requests that do not include the STOP keyword, and you agree that Company will have no liability for failing to honor such requests except to the extent liability cannot be waived under applicable law. For assistance with text message issues, reply HELP to any text message you receive or contact us at (800) 549-4620. Not all mobile devices may be supported, and text messaging may not be available in all areas. Company and the mobile carriers supported on our platform are not liable for delayed or undelivered text messages, text messages delivered to the wrong number, or inaccurate or incomplete content in a text message, except to the extent liability cannot be waived under applicable law. You agree that all information you provide through the Site, including telephone numbers and other contact information, will be accurate, current, and truthful to the best of your knowledge. You consent to Company’s use of such information in accordance with our Privacy Policy at https://teraflex.com/policies/privacy-policy. If you have questions about your text plan or data plan, contact your wireless provider.

NEW PRODUCT SUGGESTIONS

We welcome customer comments and feedback. However, it is Company’s policy not to accept or consider unsolicited inventions, engineering drawings, product ideas, advertisements, creative ideas, suggestions, concepts, notes, drawings, designs, or similar materials other than ideas that Company has specifically requested in writing (collectively, “Suggestions”). Please do not submit unsolicited Suggestions.

If you submit any Suggestions, you agree that: (a) the Suggestions will not be subject to any obligation of confidentiality; (b) Company will not be liable for any use or disclosure of the Suggestions; (c) Company may already be developing or may later develop similar ideas independently; (d) Company has no obligation to review, return, acknowledge, or use the Suggestions; and (e) you are not entitled to compensation, attribution, or reimbursement of any kind.

To the extent permitted by law, the disclosure, submission, or offer of any Suggestions by you constitutes an assignment, and you hereby assign to Company all worldwide rights, titles, interests, and goodwill in the Suggestions without payment of compensation. Suggestions submitted by you must not violate any third-party right and must not contain libelous, abusive, obscene, or otherwise unlawful material.

SITE POLICIES; MODIFICATIONS; SEVERABILITY

Please review our other policies, such as our shipping, return, warranty, and privacy policies, posted on the Site. Such policies also govern your visit to the Site and purchases from Company to the extent applicable.

We may update these Terms from time to time by posting a revised version on the Site. Revised Terms apply prospectively to Site use and orders placed after the effective date of the revised Terms. The version presented to and accepted by Buyer in connection with a particular Product order governs that order. A subsequent modification to these Terms will not retroactively modify a previously accepted Product order unless Buyer affirmatively agrees to the modification or applicable law otherwise permits. Company may retain archived versions of these Terms for transaction and enforcement purposes.

If any provision of these Terms is deemed invalid, void, or unenforceable, that provision will be deemed severable and modified so that it is valid and enforceable to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

TERMINATION OF USE; SURVIVAL

Company may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders you place and charges you incur before termination. Company reserves the right to change, suspend, or discontinue all or any aspects of the Site or any products or services offered through the Site at any time without prior notice, subject to applicable law.

The provisions of these Terms that by their nature should survive will survive any purchase, delivery, cancellation, rejection, account termination, or termination of Site access, including provisions relating to proprietary rights, Product-use restrictions, Derived Product Information, disclaimers, limitations of liability, indemnity, dispute resolution, governing law, evidence/version records, and payment obligations.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the written information specified below. This procedure is exclusively for notifying Company that your copyrighted material has been infringed.

Your notice must include: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send all notices to:

TeraFlex / Falcon Shocks
Attn: Copyright Agent
5680 West Dannon Way
West Jordan, Utah 84081
801.713.3314

Company may, in its sole discretion, limit access to the Site and/or terminate the accounts of users who infringe intellectual property rights of others, whether or not there is repeat infringement.

ENTIRE TERMS

These Terms constitute the entire agreement between you and Company regarding the use of the Site and Products purchased from Company, except to the extent a separate written agreement signed by an authorized representative of Company expressly supersedes or modifies these Terms. Company’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision. Section titles are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”

Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations under these Terms, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing is null and void. These Terms bind and benefit the parties and their permitted successors and assigns.

No purchase order, acknowledgment, procurement form, vendor portal term, click-through term, online procurement term, or other document supplied by Buyer will modify or supersede these Terms unless Company expressly agrees to the modification in a writing signed by an authorized representative of Company.

Last updated: September 30, 2026

OUR CONTACT INFORMATION

TeraFlex / Falcon Shocks
5680 West Dannon Way
West Jordan, Utah 84081
801.713.3314